Civil Code Rules & Governing Documents
§4260
Amendability of Silent Declarations
Chapter 3 · Governing Documents · Declaration
Text current as of 2026-07-07 · Last amended by AB 805, eff. 2014-01-01
The code says CIV §4260
Except to the extent that a declaration provides by its express terms that it is not amendable, in whole or in part, a declaration that fails to include provisions permitting its amendment at all times during its existence may be amended at any time.
(Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
How courts have read this
Editorial summaries — not the court’s words.
- Pinnacle Museum Tower Ass'n v. Pinnacle Market Development (US), LLC 55 Cal. 4th 223 · 2012 Developer-drafted arbitration covenants in recorded CC&Rs bind the association.
- Villa De Las Palmas Homeowners Ass'n v. Terifaj 33 Cal. 4th 73 · 2004 Recorded CC&R amendments bind all owners, including existing ones.
Every decision listed was decided before the current text (eff. 2014-01-01, AB 805).