articles by barry A. Ross
Can the Members of the association extend the term of the CC&R’s?
Most CC&R’s are prepared with an expiration date. Some CC&R’s have provisions for an extension of the expiration date. However, if there is no provision for an extension, the members can extend the term of the CC&R’s by a vote; if there is no percentage specified in the CC&R’s, the percentage is 50% of the members.
See also: Fourth La Costa Condominium Owners Association v. Seith (2008) 159 Cal. App. 4th 563, which authorized a reduction in the percentage of votes to extend the term of the CC&R’s; and Tract 19051 Homeowners Association v. Kemp (2015) 60 Cal. App. 4th 1135, which held that a majority vote was required to extend the term of the CC&R’s.
download a free copy of my homeowner association member guide.
Related Articles
- What are the election and voting procedures of an association?
- Can Association funds be used for campaign purposes in connection with an association board election?
- What are the correct procedures for the association to change its rules?
- Can the members of an association reverse a rule change by the association?
- What are the requirements for the rules of the association to be valid and enforceable?
- Are meetings of the Board of Directors of an association required to be open to the members?
- Is a member of the association entitled to inspect the books and records of the association?
- Is the seller of a condominium required to make specified disclosures to the buyer relating to the condominium?
- Can the Members of the association extend the term of the CC&R’s?
- Can the Association deny you access to The Association's financial records?