Would lower the threshold to amend the CC&Rs to more than 37% of the votes if the court finds that the association is a senior citizen housing development, among other criteria.
Current Status: Pending
FindHOALaw Quick Summary:
Existing law authorizes the association, or any member, to 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 an amendment, 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, to vote in favor of the amendment. Existing law authorizes a court to grant the petition if it finds, among other things, members having more than 50 percent of the votes, in a single class voting structure, voted in favor of the amendment.
This bill would amend Civil Code Section 4275 to lower the threshold to more than 37 percent of the votes if the court finds that the common interest development is a senior citizen housing development, as defined, the separate interests in the common interest development meet specified criteria, and the declaration has not been amended in at least 35 years.
from the California Legislature's website
Related Topics
Related Statutes
Related Case Law
- Orchard Estate Homes, Inc. v. The Orchard Homeowner Alliance
(2019) Cal.App.Lexis 144
[Amendments to CC&Rs; Court Petition] Voter apathy not a required showing in a petition to reduce approval requirements of CC&R amendment.
- Peak Investments v. South Peak Homeowners Association, Inc.
(2006) 140 Cal.App.4th 1363
[CC&R Amendments; Court Petition] Proposed HOA CC&R amendments must be approved by at least a simple majority of the total votes in a HOA before a trial court may reduce the approval requirement set in the CC&Rs.
- Blue Lagoon Community Association. v. Mitchell
(1997) 55 Cal.App.4th 472
[Amendments to CC&Rs; Court Petition] Objectors to a petition brought pursuant to Civ. Code § 1356 (§ 4275) are not entitled to costs and attorney’s fees when the petition is denied.