§ 2792.24. Reasonable Arrangements -Governing Instruments Amendments.

(a) In a single-class voting structure, amendments of the CC&R's may be enacted by requiring the vote or written assent of members representing both:

(1) A majority of the total voting power of the Association which is at least a bare majority and not more than 75%; and

(2) At least a bare majority of the votes of members other than the subdivider.

The percentage of the voting power necessary to amend a specific clause or provision shall not be less than the percentage of affirmative votes prescribed for action to be taken under that clause. For example, if the CC&R's expressly state that 75% of the voting power must agree to an increase in the maximum annual assessment, then 75% of the voting power is necessary to amend this provision regardless of the percentage prescribed in the general provision pertaining to amendments of the CC&R's.

(b) Amendments of the Articles or Bylaws shall require the vote or written assent of members as follows:

(1) An owners association other than for a limited equity housing cooperative.

(A) Articles

1. At least a bare majority of the governing body; and

2. At least a bare majority of the voting power of the association; and

3. At least a bare majority of the votes of members other than the subdivider.

(B) Bylaws

1. At least a bare majority of a quorum, but not more than a bare majority of the voting power of the association; and

2. At least a bare majority of the votes of members other than the subdivider.

(2) An owners association for a limited equity housing cooperative.

(A) Articles

1. At least a bare majority of the governing body; and

2. At least 66 2/3 percent of the resident-owner members or shareholders.

(B) Bylaws

1. At least 66 2/3 percent of the resident-owner members or shareholders.

(c) Notwithstanding the provisions of (b) above, the percentage of a quorum or of the voting power of the Association or of members other than the subdivider necessary to amend a specific clause or provision in the Articles or Bylaws shall not be less than the prescribed percentage of affirmative votes required for action to be taken under that clause.

(d) If a two-class voting structure is provided and is still in effect in the Association, none of the governing instruments may be amended without the vote or written assent of a prescribed percentage of the voting power of each class of membership or a prescribed percentage of a quorum of members of each class.

(e) If a two-class voting structure was originally provided in the governing instruments, but is no longer in effect because of the conversion of one class to the other, the provisions for amending the governing instruments set forth in subdivisions (a) and (b) above shall be applicable.

HISTORY

1. New section filed 1-16-76; effective thirtieth day thereafter (Register 76, No. 3).

2. Amendment filed 2-10-77; effective thirtieth day thereafter (Register 77, No. 7).

3. Amendment filed 11-30-77; effective thirtieth day thereafter (Register 77, No. 49).

4. Amendment filed 7-9-80; effective thirtieth day thereafter (Register 80, No. 28).

Note

Note: Authority cited: Sections 10080, 10170.4, and 11001, Business and Professions Code and Section 21082, Public Resources Code. Reference: Sections 11003.2, 11018.5, Business and Professions Code.