Avondale, AZ asked in Land Use & Zoning, Real Estate Law, Contracts and Civil Rights for California

Q: What is the process for HOA homeowners opposing amended cc&rs in CA when board uses DS code 4275?

The HOA board wants to use DS 4275 or force the approval of proposed CC&Rs. Homeowners are not in support for numerous reasons, use restrictions, pet restrictions, waiver of rights, broad powers to invade privacy and enjoyment, etc.

What is the process for owners to file opposing claims for the judge to consider when evaluating if he/she should approve them?

1 Lawyer Answer
James L. Arrasmith
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  • Civil Rights Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, the process for homeowners to oppose amended CC&Rs and challenge the HOA board's use of DS code 4275 would generally involve the following steps:

Review the current CC&Rs and proposed amendments: Homeowners should carefully review the current CC&Rs and any proposed amendments to identify specific provisions that they object to and potential legal arguments against them.

Gather support from other homeowners: Homeowners should try to gather support from other members of the community who share their concerns and are willing to take action.

Request copies of HOA documents: Homeowners can request copies of HOA documents, such as meeting minutes and financial statements, to better understand the board's decision-making process.

Attend HOA meetings: Homeowners should attend HOA meetings and express their concerns during the public comment period. They can also request that their concerns be added to the agenda for a future meeting.

Submit written objections: Homeowners can submit written objections to the board, citing specific legal grounds for their opposition to the proposed CC&Rs.

Consider legal action: If the board proceeds with the proposed CC&Rs despite objections from homeowners, legal action may be necessary. Homeowners can hire an attorney to file a lawsuit challenging the CC&Rs under California law.

It's important to note that the specific process for challenging amended CC&Rs and the use of DS code 4275 may vary depending on the specific circumstances of the case and the governing documents of the HOA. Homeowners should consult with an attorney who has experience in HOA law to understand their rights and options.

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