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Amendment to CC&Rs and street parking

I’ve read that if an HOA amends it’s CC&R’s after 2014, that they can no longer govern street parking. Can the amendment be for any reason? For example, my HOA is currently holding a vote for “2021 bylaw amendment for disqualification of prospective and current directors and board code of conduct” if this amendment is passed, does it remove the HOA’s ability to govern street parking?

1 Response

  1. dennisl

    Rob;

    The statute is clear and only refers to amendment to the declaration which are the CC&R’s that are recorded after December 2014 for any reason. Amendments to bylaws or association rules are not recorded and are not considered part of the declaration. Sorry.

    The need for a grandfather clause is ridiculous but was based on resistance from the HOA industry. Why would any association have rights to regulate property that is not theirs? The law should simply have made void any provision of the associations governing documents that allowed it to regulate the use of public streets. If the association wants to do that they can buy the streets from the city and maintain them from that point on. The HOA industry and their lobbyist don’t care about common sense they only care about power and the ability to make money on fines that cities would not apply.

    Dennis

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