Common interest developments: declarations: amendments

The law creates a lower voting threshold for qualifying communities whose governing declarations have not been updated for at least 35 years. Court review, notice, and reasonableness requirements remain in place.

What the law does ​

• Allows a court to validate a declaration amendment supported by more than 37% of votes in a qualifying single-class senior housing community.
• Limits the lower threshold to senior housing developments with more than 6,000 separate interests, more than 25% tenant occupancy, and a declaration unamended for at least 35 years.
• Requires proper balloting, diligent efforts to let eligible members vote, at least 15 days' written notice of the hearing, and a reasonable amendment.
• Preserves protections for multi-class voting rules, declarant rights, and mortgage-holder security interests.
• Requires recording the court order and amendment before it takes effect and delivery of the recorded amendment to every member.

Who it affects ​

• Homeowners associations and members of qualifying senior citizen common interest developments.
• Owners and tenants in large senior housing communities.
• Mortgage lenders, deed-of-trust beneficiaries, and local governments entitled to notice under a community's declaration.

Context ​

The prior court-validation pathway generally required support from more than 50% of association votes.