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CIVIL CODE
AMMENDING ASSOCIATION DOCUMENTS
SECTION 1355
1355. (a) The declaration may be amended pursuant to the
governing documents or this title. Except as provided in Section
1356, an amendment is effective after (1) the approval of
the percentage of owners required by the governing documents
has been given, (2) that fact has been certified in a writing
executed and acknowledged by the
officer designated in the declaration or by the association
for that purpose, or if no one is designated, by the president
of the association, and (3) that writing has been recorded
in each county in which a portion of the common interest development
is located. (b) Except to the extent that a declaration provides
by its express terms that it is not amendable, in whole or
in part, a declaration which fails to include provisions permitting
its amendment at all times during its existence may be amended
at any
time. For purposes of this subdivision, an amendment is only
effective after (1) the proposed amendment has been distributed
to all of the owners of separate interests in the common interest
development by first-class mail postage prepaid or personal
delivery not less than 15 days and not more than 60 days prior
to any approval
being solicited; (2) the approval of owners representing more
than 50 percent, or any higher percentage required by the
declaration for the approval of an amendment to the declaration,
of the separate interests in the common interest development
has been given, and that fact has been certified in a writing,
executed and acknowledged by
an officer of the association; and (3) the amendment has been
recorded in each county in which a portion of the common interest
development is located. A copy of any amendment adopted pursuant
to this subdivision shall be distributed by first-class mail
postage prepaid or personal delivery to all of the owners
of separate interest immediately upon its recordation.
1355.5. (a) Notwithstanding any provision of the governing
documents of a common interest development to the contrary,
the board
of directors of the association may, after the developer of
the
common interest development has completed construction of
the
development, has terminated construction activities, and has
terminated his or her marketing activities for the sale, lease,
or
other disposition of separate interests within the development,
adopt
an amendment deleting from any of the governing documents
any
provision which is unequivocally designed and intended, or
which by
its nature can only have been designed or intended, to facilitate
the
developer in completing the construction or marketing of the
development. However, provisions of the governing documents
relative
to a particular construction or marketing phase of the development
may not be deleted under the authorization of this subdivision
until
that construction or marketing phase has been completed.
(b) The provisions which may be deleted by action of the board
shall be limited to those which provide for access by the
developer
over or across the common area for the purposes of (a) completion
of
construction of the development, and (b) the erection, construction,
or maintenance of structures or other facilities designed
to
facilitate the completion of construction or marketing of
separate
interests.
(c) At least 30 days prior to taking action pursuant to
subdivision (a), the board of directors of the association
shall mail
to all owners of the separate interests, by first-class mail,
(1) a
copy of all amendments to the governing documents proposed
to be
adopted under subdivision (a) and (2) a notice of the time,
date, and
place the board of directors will consider adoption of the
amendments. The board of directors of an association may consider
adoption of amendments to the governing documents pursuant
to
subdivision (a) only at a meeting which is open to all owners
of the
separate interests in the common interest development, who
shall be
given opportunity to make comments thereon. All deliberations
of the
board of directors on any action proposed under subdivision
(a)
shall only be conducted in such an open meeting.
(d) The board of directors of the association may not amend
the
governing documents pursuant to this section without the approval
of
the owners, casting a majority of the votes at a meeting or
election
of the association constituting a quorum and conducted in
accordance
with Chapter 5 (commencing with Section 7510) of Part 3 of
Division 2
of Title 1 of, and Section 7613 of, the Corporations Code.
For the
purposes of this section, "quorum" means more than
50 percent of the
owners who own no more than two separate interests in the
development.
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