R|O attorneys obtained an order on behalf of an Association allowing for the amendment of its existing CC&Rs based on a reduced percentage of affirmative votes, as authorized by Civil Code section 4275. The amended CC&Rs were absolutely necessary to bring the Association’s governing documents into compliance with current law, including the Davis-Stirling Act, as well as to address other issues that had arisen since the original documents were drafted. The Association had long been engaging in efforts to encourage the membership to participate in the voting process; however, even after about a year of postponing the balloting period, the total votes returned were still less than the 2/3 majority required to amend the CC&Rs. R|O attorneys successfully petitioned the Court for approval of the amended CC&Rs because the overwhelming majority (97%) of votes received were in favor of the amendment.

Written by Daniel C. Heaton 

Daniel C. Heaton is an Associate Attorney at Richardson|Ober|DeNichilo.