CC&R Amendments & Restatements
CC&R Amendments & Restatements
HOA Election Inspectors
will perform their duties impartially, in good faith, to the best of their abilities, and as expeditiously as practical. (Civ. Code §5110(d).)
Approval Requirement
Approval requirements for amending CC&Rs are found in the CC&Rs (usually toward the end of the document). If a set of CC&Rs does not have an amendment provision, the Davis-Stirling Act provides a method for approval. As stated in Civil Code §4270, CC&R amendments and restatements are effective upon completion of the following:
(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 [which provides constructive notice of the amendment].
Approval Procedure
Voting must be done by secret ballot (Civ. Code §5100(a).) and in accordance with written election rules. (Civ. Code §5105(a).) Associations must follow owner approval requirements or any approval of the amendment or restatement is voidable.
Extended Balloting
As it is often impossible to obtain the necessary number of ballots needed for the approval requirements in a30-day balloting period, the board may extend balloting one or more times to solicit ballots in an attempt to maximize participation. The Inspector or Elections can also extend the balloting period. (Civ. Code §5110(a).)
Court Approval
If the association is not able to obtain the super-majority of votes required by their CC&Rs, the association has the opportunity to request the court to approve the amendment-restatement.
Board-Approved Amendments
The association board can make the following amendments solely upon board approval:
- Deleting developer marketing language
- Deleting discriminatory language
- Updating Civil Code references
Entirely by Mail
Unless an association's governing documents provide otherwise, voting may done entirely through the mail, with no voting at a meeting. However, counting the ballots is still done at an open meeting by a Qualified Election Inspector.
NON-ATTORNEY DISCLOSURE: HOA Election Inspectors is not a law firm nor are any of its employees. We are not lawyers and cannot give legal advice. We can not represent you in court. We can provide document preparation services at your direction. Services provided by HOA Election Inspectors are not a substitute for the advice of a lawyer. If you have any legal questions, you should seek the advice of an attorney who is an active member of the California State Bar.
