Amendments

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Governing Document Amendments: Development Process and Court Intervention

To amend your HOA's governing documents, you must begin by developing and presenting the amendments to the members. And sometimes, when a vote cannot be obtained, associations can use the judicial relief tool, allowing a court to authorize amendments and other “corporate” approvals

Amending Your HOA's Governing Documents: Your Toughest Questions Answered

Sooner or later every homeowners association is faced with the question of whether or not to amend its governing documents, bylaws, and CC&Rs. Here are some common questions and answers to the process, cost, and board of directors role in amending HOA governing documents. 

What You Need to Know: The New Davis-Stirling Act

The Davis-Stirling Common Interest Develop Act, or the Davis-Stirling Act, is the primary set of laws that govern common interest developments (CIDs) and homeowners associations (HOAs) in California. Since 1985, the Davis-Stirling Act has been amended many times; however, on January 1, 2014 the Act was completely renumbered and reorganized, and codified in California Civil Code.

§5115 - Ballots

  1. Ballots and two preaddressed envelopes with instructions on how to return ballots shall be mailed by first-class mail or delivered by the association to every member not less than 30 days prior to the deadline for voting. In order to preserve confidentiality, a voter may not be identified by name, address, or lot, parcel, or unit number on the ballot. The association shall use as a model those procedures used by California counties for ensuring confidentiality of vote by mail ballots, including all of the following:

§4365 - Reversal of Rule Changes

  1. Members of an association owning 5 percent or more of the separate interests may call a special vote of the members to reverse a rule change.

§4295 - Amendment or Revocation

A condominium plan may be amended or revoked by a recorded instrument that is acknowledged and signed by all the persons who, at the time of amendment or revocation, are persons whose signatures are required under Section 4290.

§4260 - Amendability of Declaration

Except to the extent that a declaration provides by its express terms that it is not amendable, in whole or in part, a declaration that fails to include provisions permitting its amendment at all times during its existence may be amended at any time.

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