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 (by secret ballot),

• written certification of the approval by an officer of the association (or circumstantial evidence), and

• recordation of the amendment/restatement (which provides constructive notice of the amendment)

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

No Amendment Provision. CC&Rs that do not have an amendment provision can still be amended as provided by statute.