When the CC&R’s require a super majority vote to amend the CC&R’s, is there any procedure available to amend the CC&R’s with owners having a simple majority?
The owners may petition the Court for relief from the super majority voting requirements (i.e. 66%, 75%, and 100%) of the CC&R’s and adopt an amendment to the CC&R’s based upon a simple majority vote (50%). The members must present to the court the governing documents, a complete text of the proposed amendment, copies of any notice or solicitation materials utilized in the solicitation of owner approvals, a short explanation of the reason for the amendment and any other documentation relevant to the Court’s determination.
The Court may grant relief where the petitioners have given 15 days written notice of the Court hearing to the members of the association, the balloting on the proposed amendment was conducted in accordance with the governing documents, a reasonably diligent effort was made to permit all eligible members to vote on the proposed amendment, owners having more than 50% of the votes voted in favor of the amendment, and the amendment is reasonable.
See also: Fourth La Costa Condominium Owners Association v. Seith (2008) 159 Cal. App. 4th 563 where the court granted a petition to reduce the percentage of votes required to 50%. Mission Shores Association v. Pheil (2008) 166 Cal. App. 4th 789, where percentage reduced to authorize short term rentals.
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