Older sets of CC&Rs often have a termination date. They may or may not have a mechanism for extending their term and may not have an amendment provision.
Davis-Stirling CIDs. The Legislature
recognized that CC&Rs protect associations and provide a mechanism for financial support
for the upkeep of common areas. Accordingly, when an association meets the definition of a CID and its CC&Rs do not
provide a means for owners to extend the term of the CC&Rs, the term may be extended by a majority of members:
A declaration that specifies a termination date, but that contains
no provision for extension of the termination date, may be extended,
before its termination date, by the approval of members pursuant to Section 4270. (Civ. Code §4265(b).)
Non Davis-Stirling CIDs. If a development does not qualify as a
common interest development, the CC&Rs may be extended only by the unanimous vote of 100 percent of the property owners or by a vote of a lesser number of owners as provided in the declaration of restrictions.
(8 Miller & Starr, Cal. Real Estate (3d ed. 2011) § 24:41, pp. 24-137 to 24-138 & fn. 9.)
ASSISTANCE: Associations needing legal assistance can
contact us.
To stay current with issues affecting community associations, subscribe to the
Davis-Stirling Newsletter.