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Petition Process Helpful for Failed Governing Document Amendments

Posted by Joel Kriger | Feb 21, 2013 | 0 Comments

If your association worked for months developing amended and restated CC&Rs and Bylaws; sent them out to the owners for a vote; and then they did not pass, don't despair.  Old governing documents often require that 75% or 67% of the owners approve a CC&Rs amendment and this is a difficult hurdle to get over even in a community with responsive owners.  In some cases, where the CC&Rs require that the owners and first mortgage lenders approve amendments, the owner approval requirement may be met, but the lenders fail to respond. Civil Code Section 4275 provides a remedy if the association receives approvals from at least 50% of the owners but less than the supermajority required.  It can also be used to when lenders fail to respond.  Once an association has made a good faith effort to obtain the necessary votes required under the CC&Rs, it can apply to the Superior Court for approval of changes to the CC&Rs so long as a simple majority of the members have approved them.  If Bylaws do not pass, we can also obtain similar relief under Corporations Code Section 7515.

About the Author

Joel Kriger

Owner Practice Areas: Community Association Counsel Joel M. Kriger is the founder of Kriger Law Firm. A native of Pennsylvania, Joel graduated from Temple University in 1970 and moved to San Diego to attend the University of San Diego School of Law, from which he graduated in 1973. Joel maintai...

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