(a) A declaration may be amended pursuant to the declaration or this act. Except where an alternative process for approving, certifying, or recording an amendment is provided in Section 4225, 4230, 4235, or 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.
- Civil Code Section 4275. Court Petition for Amendments.
- Civil Code Section 4260. Amendment of Declaration Permitted.
- Civil Code Section 4235. Correction of Cross-Referencing in Documents.
- Civil Code Section 4135. “Declaration” Defined.
- Civil Code Section 4065. Approval by Majority of Members Defined.
Related Case Law
- Villa De Las Palmas Homeowners Association v. Terifaj
(2004) 33 Cal.4th 73
[CC&R Amendments; Binding Effect] CC&R amendments enacted by homeowners are accorded the same presumption of reasonableness as those imposed by developer; CC&R amendments are binding against both current and future homeowners.