QUESTION

What is the best procedure for re-doing C C & R's?

Asked on Nov 03rd, 2016 on Residential Real Estate - California
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A couple of people in my association insist that we need a lawyer to do the best job on a new document. Another one says he knows some "highly qualified administrative types" who could do it at a lesser cost. The two sides in this dialog are not getting along well lately, so as HOA president I'm trying to come up with a plan that works for everyone,
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1 ANSWER

Construction and Real Estate Attorney serving Burbank, CA at The Law Offices of Adam S. Warshaw, APC
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Drafting legal documents and advising a Board as to what should be in the documents is the role of an attorney.  Someone who is not licensed as an attorney is engaging in the unlawful practice of law by doing so.  What that means in practical terms is that if the drafter makes a mistake that causes damage to the Association, it has little in the way of recourse.  An attorney will likely carry malpractice insurance to protect the client.  As for the issue of revisions, depending on how much is needed, the cost may be very modest. 
Answered on Nov 04th, 2016 at 9:53 AM

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