Civil Code Rules & Governing Documents
Notice and Adoption of Rule Changes
Chapter 3 · Governing Documents · Operating Rules
Text current as of 2026-07-07 · Last amended by SB 261, eff. 2019-01-01
The code says CIV §4360
(a) The board shall provide general notice pursuant to Section 4045 of a proposed rule change at least 28 days before making the rule change. The notice shall include the text of the proposed rule change and a description of the purpose and effect of the proposed rule change. Notice is not required under this subdivision if the board determines that an immediate rule change is necessary to address an imminent threat
to public health or safety or imminent risk of substantial economic loss to the association.
(b) A decision on a proposed rule change shall be made at a board meeting, after consideration of any comments made by association members.
(c) As soon as possible after making a rule change, but not more than 15 days after making the rule change, the board shall deliver general notice pursuant to Section 4045 of the rule change. If the rule change was an emergency rule change made under subdivision (d), the notice shall include the text of the rule change, a description of the purpose and effect of the rule change, and the date that the rule change expires.
(d) If the board determines that an immediate rule change is required to address an imminent threat to public health or safety, or an imminent risk of substantial
economic loss to the association, it may make an emergency rule change, and no notice is required, as specified in subdivision (a). An emergency rule change is effective for 120 days, unless the rule change provides for a shorter effective period. A rule change made under this subdivision may not be readopted under this subdivision.
(Amended by Stats. 2018, Ch. 836, Sec. 2. (SB 261) Effective January 1, 2019.)
Where this sits in the process
Editorial summaries — not the statute’s text.
Adopting or amending an operating rule
After: §4365 — The member reversal window opens at — and is measured from — the general notice of the rule change: the written request for a reversal vote may not be delivered more than 30 days after that notice.
request ≤30 days after notice of the rule change; vote 35–90 days after the request
How courts have read this
Editorial summaries — not the court’s words.
- 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
decided before the current text (eff. 2019-01-01, SB 261)
- Artus v. Gramercy Towers Condominium Assn. 76 Cal.App.5th 1043 · 2022 Records and election procedures are enforced strictly, with fee exposure.
mentioned in passing
- Smart Corner Owners Assn. v. CJUF Smart Corner LLC 64 Cal. App. 5th 439 · 2021 Developer-drafted pre-suit member-vote requirements can’t block construction-defect claims.
mentioned in passing
Decided under the former numbering
- Sui v. Price 196 Cal. App. 4th 933 · 2011 · as former §1357.130 Association operating rules must be reasonable, like CC&Rs.
decided before the current text (eff. 2019-01-01, SB 261)
- Clear Lake Riviera Community Assn. v. Cramer 182 Cal. App. 4th 459 · 2010 · as former §1357.130 Circumstantial evidence of long enforcement can prove a rule’s valid adoption.
decided before the current text (eff. 2019-01-01, SB 261)