QUESTION: We have a new neighbor who is causing huge problems. His newest campaign is to modify the CC&Rs to include the following: "Any assessment and any increase in the dues in excess of the Consumer Price Index (CPI) must be approved by 51% of the homeowners."

ANSWER: His efforts are understandable but misguided. Even if he is successful, the amendment will be void. Assessment increases and voting requirements are set by statute. Regardless of anything to the contrary in the governing documents, boards may increase regular assessments up to 20% and levy special assessments up to 5% without membership approval. Anything more requires owner approval, which is defined as approval by a majority of votes at a meeting with more than 50% of the owners in attendance. Civil Code 1366(b).