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AMENDMENT STATUTE OF LIMITATIONS

An amendment to the CC&Rs is voidable if timely challenged by a party, due to a deficiency in the instrument's creation.

The statute of limitations for challenging CC&R amendments (and restatements) is four years from the date the amendment was recorded. (Schuman v. Ignatin (2011) 191 Cal.App.4th 255; Costa Serena Owners Coalition v. Costa Serena Architectural Committee (2009) 175 Cal.App.4th 1175.)

ASSISTANCE: Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.

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