The Davis-Stirling Act was reorganized and renumbered in 2014. As a result, the governing documents (i.e., CC&Rs, bylaws, operating rules, etc.) of an association may contain outdated references to prior Davis-Stirling Act code numbers that are no longer valid. In order to correct those outdated references, Civil Code Section 4235 allows the “board to amend the governing documents, solely to correct the cross-reference, by adopting a board resolution that shows the correction.” (Civ. Code § 4235(a).)
No Requirement for Membership Approval
Civil Code Section 4235 further allows for the resolution discussed above to be adopted by the board without membership approval. (Civ. Code § 4235(a).)
Restatement of CC&Rs
When an association’s CC&Rs are corrected in accordance with Civil Code Section 4235, the CC&Rs may be restated in corrected form and recorded, provided that a copy of the board resolution authorizing the corrections is recorded along with the restated CC&Rs. (Civ. Code § 4235(b).)
