If you are a member of a homeowner’s association in Santa Clarita, you may have heard the term CC&R thrown around from time to time. CC&R, refers to the Covenants, Conditions & Restrictions, which are essentially the specific governing documents that are responsible for dictating how a homeowners association operate and what specific rules that owners and members must obey.
If you are seeking an amendment for the CC&Rs, we here at National Property Management Group–a property management company serving Santa Clarita– have put together a short list of the specific requirements that must be met:
- You must have requisite approval from the percentage of owners that is outlined by the HOA’s governing documents.
- You must receive a written certification of approval by one of the officers of the HOA association.
- Recording of the amendment.
The specific approval for the amendment has to be determined by evaluating the specific set of the CC&Rs. The majority of the documents will require a super-majority approval of the owners, which is usually 67 percent of the HOAs voting power. If the CC&Rs have no specification regarding the required percentage from owner approval for the amendment, then according to Civil Code 1355, the amendment is able to be approved if agreed upon with a majority vote from all of the members.
If there are several different classes of HOA membership, it is not very common for the CC&Rs to require a super-majority of each of the class members. Additionally, there are certain types of amendments that may require an approval from the first mortgagees, which is the banks that hold the actual mortgages of the residences or the units in a particular association, or in some cases in the city.
The amendments that will require an approval from the first mortgagees will be outlined in the CC&Rs of the HOA and are usually limited to any amendment that may adversely impact the overall security interest of the particular mortgagee.
Aspects such as the voting process and determining if the amendment is implemented will be different from HOA to HOA. Understanding these factors can make the process of amending the CC&Rs for your Santa Clarita homeowners association much simpler and more efficient. If you are interested in learning more about amending the CC&R’s or hiring National Property Management group for Santa Clarita property management, contact National Property Management Group today!
National Property Management Group
28009 Smyth Drive
Valencia, CA 91355