Amendment Provision. As provided for in Civil Code §1355, 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% 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 ballot.
Apathy. If the association cannot reach the required amendment percentages because of apathy, the board can seek court approval.
AMENDMENTS
WITHOUT LEGAL INPUT
QUESTION: Our board opted to
amend our CC&Rs. Is it necessary to hire an
attorney or can we just write what we intend and take it to the
county and record it?
ANSWER:
The board can prepare the language on its own but it runs the risk that the language may create unintended consequences
that an experienced attorney would spot. Moreover, the board cannot draft the language and then record it; the amendment must first be approved by the membership. The amendment must also be in proper format for recording purposes and properly certified, otherwise it will be rejected by the Recorder's Office.