Amending Association Documents

Civil Code

Section 4265 - 4275

4265.  (a) The Legislature finds that there are common interest
developments that have been created with deed restrictions that do
not provide a means for the members to extend the term of the
declaration. The Legislature further finds that covenants and
restrictions contained in the declaration, are an appropriate method
for protecting the common plan of developments and to provide for a
mechanism for financial support for the upkeep of common area
including, but not limited to, roofs, roads, heating systems, and
recreational facilities. If declarations terminate prematurely,
common interest developments may deteriorate and the housing supply
of affordable units could be impacted adversely. The Legislature
further finds and declares that it is in the public interest to
provide a vehicle for extending the term of the declaration if the
extension is approved by a majority of all members, pursuant to
Section 4065.
   (b) A declaration that specifies a termination date, but that
contains no provision for extension of the termination date, may be
extended, before its termination date, by the approval of members
pursuant to Section 4270.
   (c) No single extension of the terms of the declaration made
pursuant to this section shall exceed the initial term of the
declaration or 20 years, whichever is less. However, more than one
extension may occur pursuant to this section.



4270.  (a) A declaration may be amended pursuant to the declaration
or this act. Except as provided in Section 4275, an amendment is
effective after all of the following requirements have been met:
   (1) The amendment has been approved by the percentage of members
required by the declaration and any other person whose approval is
required by the declaration.
   (2) That fact has been certified in a writing executed and
acknowledged by the officer designated in the declaration or by the
association for that purpose, or if no one is designated, by the
president of the association.
   (3) The amendment has been recorded in each county in which a
portion of the common interest development is located.
   (b) If the declaration does not specify the percentage of members
who must approve an amendment of the declaration, an amendment may be
approved by a majority of all members, pursuant to Section 4065.



4275.  (a) If in order to amend a declaration, the declaration
requires members having more than 50 percent of the votes in the
association, in a single class voting structure, or members having
more than 50 percent of the votes in more than one class in a voting
structure with more than one class, to vote in favor of the
amendment, the association, or any member, may petition the superior
court of the county in which the common interest development is
located for an order reducing the percentage of the affirmative votes
necessary for such an amendment. The petition shall describe the
effort that has been made to solicit approval of the association
members in the manner provided in the declaration, the number of
affirmative and negative votes actually received, the number or
percentage of affirmative votes required to effect the amendment in
accordance with the existing declaration, and other matters the
petitioner considers relevant to the court's determination. The
petition shall also contain, as exhibits thereto, copies of all of
the following:
   (1) The governing documents.
   (2) A complete text of the amendment.
   (3) Copies of any notice and solicitation materials utilized in
the solicitation of member approvals.
   (4) A short explanation of the reason for the amendment.
   (5) Any other documentation relevant to the court's determination.
   (b) Upon filing the petition, the court shall set the matter for
hearing and issue an ex parte order setting forth the manner in which
notice shall be given.
   (c) The court may, but shall not be required to, grant the
petition if it finds all of the following:
   (1) The petitioner has given not less than 15 days written notice
of the court hearing to all members of the association, to any
mortgagee of a mortgage or beneficiary of a deed of trust who is
entitled to notice under the terms of the declaration, and to the
city, county, or city and county in which the common interest
development is located that is entitled to notice under the terms of
the declaration.
   (2) Balloting on the proposed amendment was conducted in
accordance with the governing documents, this act, and any other
applicable law.
   (3) A reasonably diligent effort was made to permit all eligible
members to vote on the proposed amendment.
   (4) Members having more than 50 percent of the votes, in a single
class voting structure, voted in favor of the amendment. In a voting
structure with more than one class, where the declaration requires a
majority of more than one class to vote in favor of the amendment,
members having more than 50 percent of the votes of each class
required by the declaration to vote in favor of the amendment voted
in favor of the amendment.
   (5) The amendment is reasonable.
   (6) Granting the petition is not improper for any reason stated in
subdivision (e).
   (d) If the court makes the findings required by subdivision (c),
any order issued pursuant to this section may confirm the amendment
as being validly approved on the basis of the affirmative votes
actually received during the balloting period or the order may
dispense with any requirement relating to quorums or to the number or
percentage of votes needed for approval of the amendment that would
otherwise exist under the governing documents.
   (e) Subdivisions (a) to (d), inclusive, notwithstanding, the court
shall not be empowered by this section to approve any amendment to
the declaration that:
   (1) Would change provisions in the declaration requiring the
approval of members having more than 50 percent of the votes in more
than one class to vote in favor of an amendment, unless members
having more than 50 percent of the votes in each affected class
approved the amendment.
   (2) Would eliminate any special rights, preferences, or privileges
designated in the declaration as belonging to the declarant, without
the consent of the declarant.
   (3) Would impair the security interest of a mortgagee of a
mortgage or the beneficiary of a deed of trust without the approval
of the percentage of the mortgagees and beneficiaries specified in
the declaration, if the declaration requires the approval of a
specified percentage of the mortgagees and beneficiaries.
   (f) An amendment is not effective pursuant to this section until
the court order and amendment have been recorded in every county in
which a portion of the common interest development is located. The
amendment may be acknowledged by, and the court order and amendment
may be recorded by, any person designated in the declaration or by
the association for that purpose, or if no one is designated for that
purpose, by the president of the association. Upon recordation of
the amendment and court order, the declaration, as amended in
accordance with this section, shall have the same force and effect as
if the amendment were adopted in compliance with every requirement
imposed by the governing documents.
   (g) Within a reasonable time after the amendment is recorded the
association shall deliver to each member, by individual delivery,
pursuant to Section 4040, a copy of the amendment, together with a
statement that the amendment has been recorded.