Civil Code Rules & Governing Documents
How to Amend the Declaration
Chapter 3 · Governing Documents · Declaration
Text current as of 2026-07-07 · Last amended by SB 944, eff. 2017-01-01
The code says CIV §4270
(a) A declaration may be amended pursuant to the declaration or this act. Except where an alternative process for approving, certifying, or recording an amendment is provided in Section 4225, 4230, 4235, or 4275, an amendment is effective after all of the following requirements have been met:
(1) The amendment has been approved by the
percentage of members required by the declaration and any other person whose approval is required by the declaration.
(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.
(3) The amendment has been recorded in each county in which a portion of the common interest development is located.
(b) If the declaration does not specify the percentage of members who must approve an amendment of the declaration, an amendment may be approved by a majority of all members, pursuant to Section 4065.
(Amended by Stats. 2016, Ch. 714, Sec. 6. (SB 944) Effective January 1, 2017.)
How courts have read this
Editorial summaries — not the court’s words.
- Villa De Las Palmas Homeowners Ass'n v. Terifaj 33 Cal. 4th 73 · 2004 Recorded CC&R amendments bind all owners, including existing ones.
decided before the current text (eff. 2017-01-01, SB 944)
- Ritchey v. Villa Nueva Condominium Assn. 81 Cal. App. 3d 688 · 1978 Reasonable amendments bind every owner, even those who voted no.
Construes former §1355(c) of the 1963 Condominium Act — the amendment clause the 1985 Act replaced with its own §1355, now this section: a reasonable amendment adopted by the required owner vote binds every owner, consenting or not.
decided before the current text (eff. 2017-01-01, SB 944)
- Branches Neighborhood Corp. v. CalAtlantic Group, Inc. 26 Cal. App. 5th 743 · 2018 Upheld a CC&R member-vote precondition to developer suits — later voided by statute.
mentioned in passing
- Ruffier v. Volcano Hills Road Maintenance Assn. 2026 A board cannot raise regular assessments without member approval or budget compliance.
mentioned in passing
- Tract 19051 Homeowners Assn. v. Kemp 60 Cal. 4th 1135 · 2015 Prevailing-party fees apply even when the development is not a CID.
mentioned in passing
decided before the current text (eff. 2017-01-01, SB 944)