articles by barry A. Ross

Can the Members of the association extend the term of the CC&R’s?

Most CC&R’s are prepared with an expiration date. Some CC&R’s have provisions for an extension of the expiration date. However, if there is no provision for an extension, the members can extend the term of the CC&R’s by a vote; if there is no percentage specified in the CC&R’s, the percentage is 50% of the members.


See also: Fourth La Costa Condominium Owners Association v. Seith (2008) 159 Cal. App. 4th 563, which authorized a reduction in the percentage of votes to extend the term of the CC&R’s; and Tract 19051 Homeowners Association v. Kemp (2015) 60 Cal. App. 4th 1135, which held that a majority vote was required to extend the term of the CC&R’s.