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 […]

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 […]

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, […]

§5115 – Ballots

An association shall provide general notice of the procedure and deadline for submitting a nomination at least 30 days before any deadline for submitting a nomination. Individual notice shall be […]

§4365 – Reversal of Rule Changes

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. A special vote of […]

§4360 – Notice of Rule Changes

The board shall provide general notice pursuant to Section 4045 of a proposed rule change at least 28 days before making the rule change. The notice shall include the text […]

§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 […]

§4275 – Court Amendment of Declaration

If in order to amend a declaration, the declaration requires members having more than 50 percent of the votes in the association, in a single class voting structure, or members […]

§4270 – Declaration Amendment Procedure

A declaration may be amended pursuant to the declaration or this act. Except as provided * * * where an alternative process for approving, certifying, or recording an amendment is […]

§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 […]