General Housing Information

questions & answers

Question: If my HOA CCR's state the monthly assessment fee and how it is going to collected, If that fee is to be increased or decreased, does this change of cost need to be recorded with the county and a change made to the CCR's?

Answer: As a general rule, any amendments to an HOA’s Covenants, Conditions & Restrictions (CC&Rs) must be recorded with the county, whereas amendments to an HOA’s Rules & Regulations, which are meant only to explain and elaborate on those CC&Rs, and which may not be inconsistent with those CC&Rs, may be amended without recording. Also, for the purposes of a landlord-tenant relationship, to the extent that an HOA’s fees will be altered during the course of a rental agreement, an increase may only be applied to the tenant with the express consent of that tenant (usually when the rental agreement is renewed).