AMENDMENT REQUIREMENTS
Civil Code §1355

Per Amendment Provision. CC&R amendments and restatements are effective upon completion of all of the following:

• approval of the percentage of owners required by the governing documents,

• written certification of the approval by an officer of the association, and

• recordation of the amendment/restatement

No Amendment Provision. CC&Rs that fail to include an amendment provision may be amended as follows:

• the proposed amendment has been distributed to all of the owners by first-class mail postage prepaid or personal delivery not less than 15 days and not more than 60 days prior to any approval being solicited,

• more than 50 percent of the membership approves the amendment,

• written certification of the approval by an officer of the association,

• the amendment has been recorded, and

• a copy of the amendment has been distributed by first-class mail or personal delivery to all owners

By Secret Ballot. The amendment process must be done by secret written ballot.

Apathy. If the association cannot reach the required amendment percentages because of apathy, the board can seek court approval.

Updated 8/9/2008