articles by barry A. Ross

What are the correct procedures for the association to change its rules?

Notice must be provided to the members at least thirty (30) days before the rule change. The notice must include the text of the rule change and a description of the purpose and effect of the rule change. Such advance notice is not required if the board of directors determines that an immediate rule change is necessary to address an imminent threat to public safety or imminent risk of substantial economic loss to the association.

The decision on the proposed rule change must be made at a meeting of the board of directors after consideration of any comments made by association members.

As soon as possible after making a rule change, but not more than fifteen (15) days after making the rule change, the board of directors must deliver notice of the rule change to the association members. An emergency rule change is effective for a maximum time period of 120 days.


See also: Clear Lake Rivera Community Association v. Cramer (2010) 182 Cal. App. 4th 459, where court upheld the association’s rule regarding building heights and Yan Sui v. Price (2011) 196 Cal. App. 4th 933, where rule change concerning inoperable vehicles was upheld.