Approval Requirement. The approval requirements for amending CC&Rs are found in the CC&Rs (usually toward the end of the document). As provided for in Civ. Code §1355, CC&R amendments and restatements are effective upon completion 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 (which provides constructive notice of the amendment).

If a set of CC&Rs does not have an amendment provision, the Davis-Stirling Act provides a default method for approval.

Secret Ballot. Voting must be done by secret ballot in accordance with written election rules. Civ. Code §1363.03(b).

Extended Voting. Because the approval requirements in older documents can be unreasonably high and apathy among voters equally high, obtaining the necessary number of ballots in a 30-day balloting period is often impossible. The board may extend balloting one or more times to solicit ballots in an attempt to maximize participation. The Inspector or Elections can also extend the balloting period. Civ. Code §1363.03(c)(3)(f)&(h).

Court Approval. In the event an association cannot achieve the super-majority required by their CC&Rs, they have the opportunity for court approval of the amendment-restatement.

Entirely by Mail. Unless an association's governing documents provide otherwise, voting may done entirely through the mail, with no voting at a meeting. However, counting the ballots is still done at an open meeting so members can observe the counting process.

ASSISTANCE: To amend or restate governing documents, contact us.