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WHAT IS THE AMEND!® PROGRAM?

The AMEND!® Program was created by Swedelson & Gottlieb, Community Association attorneys, to assist homeowners associations with their outdated governing documents. Should any of an association's CC&Rs or Bylaws require changes, amendments or restating, the AMEND!® Program will streamline that process and satisfy those requirements.

The AMEND!® Program was specifically tailored to address the following concerns regarding governing documents:

	Are the governing documents consistent with current law?
	Do they adequately describe the role of the association?
	Do they distinguish the respective obligations of the association and the owners?
	Can new changes to the governing documents provide for comprehensive and more effective enforcement?
	Do the documents allow for flexible decision-making procedures?
	Can the documents eliminate cumbersome restrictions or those which the community association no longer wants to enforce?
	Will the AMEND!® Program address specific board and community association concerns?
	Can new documents provide the officers, directors and committee members with more comprehensive protections from liability for their acts as volunteers?
	Will the documents be written in clear, plain English?

The AMEND!® Program team at Swedelson & Gottlieb will walk your association's board through the entire process, and will help you determine whether limited amendments to your current documents or a complete restatement of your CC&Rs and Bylaws is appropriate.

Initially, we offer a complete review of your association's governing documents, keeping in mind the board's concerns, proposed modifications and/or amendments. Upon completion of this review, we will, if requested, provide an "opinion letter" which will detail our recommendations for your Board's consideration. If your Board has already decided that a complete restatement of documents or limited amendments are needed, then this review is not necessary. Essentially, three basic steps will follow: The Amendment Preparation, the Member Vote, and the Recordation.

	Amendment Preparation -- Based on input from the board (and management), we will prepare the amendments or a first draft of new restated CC&Rs and Bylaws for Board, management and committee review. This draft will incorporate changes in California law, include an association mission statement, define the roles of the association and the owners, and other recomended changes to maximize clarity and comprehension. We will work with you in developing a final draft of the amendments or restated governing documents. Upon request, we will prepare a letter to the owners describing the new proposed documents or amendments, highlighting the important changes and the need for their input.
	The Member Vote -- A ballot form with the exact language of the proposed amendments/restated documents and a cover letter instructing how to conduct the member vote will also be prepared. We can help with "public relations" that may be necessary to get the owners' vote and approval, and upon request, we will attend the meeting(s) of the membership to discuss and explain the changes.
	Recordation -- Once approved, we will prepare the final CC&Rs and Bylaw amendments or restatements in a form which is acceptable for recording at the County Recorder's office. Upon receiving your signature of acceptance, we will record the documents at the Recorder's office.

The Swedelson & Gottlieb team has over twelve years experience assisting community associations with their legal needs. Capitalizing on the knowledge and experience we have acquired, a need was identified, researched and developed for community associations to utilize a practical and cost effective approach toward amending or restating their governing documents. The result is the Amend!® Program.