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Propty
Legal

Amendment

A formal change or modification to the governing documents. Amendments to the declaration typically require approval by a supermajority of the membership (often 67% or 75%) and must be recorded with the county. Bylaw amendments may require a lower threshold. The amendment process is specified in each document and must comply with state law. Amendments cannot conflict with higher-authority documents or applicable laws.

Example in Context

After a three-year effort to collect enough votes, the association successfully amended the CC&Rs to increase the rental restriction from a 12-month minimum lease to owner-occupancy for the first year.

State-Specific Notes

California: Civil Code Section 4275 provides a petition process that allows amendments to be adopted with approval of a majority of a quorum if the governing documents require more than a majority and the association has been unable to obtain the required votes.

Frequently Asked Questions

How many votes are needed to amend HOA CC&Rs?

Amending CC&Rs typically requires a supermajority vote — often 67% or 75% of the total voting power of the membership — as specified in the declaration itself. The amended document must then be recorded with the county recorder to be effective. Achieving the required vote threshold is often the biggest challenge, especially in communities with low homeowner engagement.

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