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Important legal disclaimer.
HOA Ballot is not a law firm and does not provide legal advice. Nothing
on this page, and nothing HOA Ballot says, does, or generates, is legal
advice or may be relied on as legally valid or sufficient. Your
association and its legal counsel are solely responsible for verifying
the approval threshold, legal compliance, amendment language, filing
requirements, and legal sufficiency of the vote. Please independently
verify all information and consult a licensed attorney. Statute
references on this page are shown for transparency about what we review;
they are not legal advice — confirm every requirement with your
association's attorney.
What we look for before quoting
A practical review, not legal advice
Planned developments (Davis-Stirling Act)
California governs single-family HOAs (planned developments) under the Davis-Stirling Common Interest Development Act (Cal. Civ. Code §§ 4000–6150), the same statute that covers every common interest development. Amending the CC&Rs (the recorded "declaration") generally follows Cal. Civ. Code § 4270: the percentage of members fixed in your declaration must approve, that result must be certified in writing, and the amendment must be recorded in each county where the development sits. If the declaration does not state a percentage, an amendment may generally be approved by a majority of all members (Cal. Civ. Code §§ 4270, 4065).
Condominiums (Davis-Stirling Act)
California does not have a separate condominium statute; condominium projects (Cal. Civ. Code § 4125) are governed by the same Davis-Stirling Act, so the § 4270 approve-certify-record process generally applies to condo CC&R amendments as well. Condominium changes can carry extra steps — for example, amending a recorded condominium plan generally requires the signatures of the affected unit owners and of any lienholders of record. The recorded declaration controls the exact owner-approval percentage, which is often a supermajority.
How the vote can run
Davis-Stirling generally requires member votes that amend governing documents to be conducted by secret ballot, historically through a double-envelope mailed-ballot system overseen by an independent inspector of elections (Cal. Civ. Code §§ 5100–5145). Since AB 2159 took effect on January 1, 2025, associations may also run most governing-document votes by electronic secret ballot, provided they first adopt the required election rules and honor each member's opt-in or opt-out choice (Cal. Civ. Code § 5260). Votes that levy or increase assessments generally must still use written (paper) secret ballots (Cal. Civ. Code § 5105).
Before we quote
California details that shape your vote
These are the things we check so your quote and timeline are realistic —
not legal advice, just the questions a careful California vote has to answer.
The recorded declaration (CC&Rs) controls the exact owner-approval percentage; many California declarations require a supermajority such as two-thirds or 75% (Cal. Civ. Code § 4270).
If the declaration sets no percentage, an amendment may generally be approved by a majority of all members (Cal. Civ. Code §§ 4270, 4065).
Davis-Stirling covers both planned developments and condominiums, so the same amendment framework generally applies, though condominium plans carry extra owner- and lienholder-signature rules.
Most amendment votes must use a secret ballot run by an independent inspector of elections, traditionally with the double-envelope procedure (Cal. Civ. Code §§ 5100, 5110, 5115).
Electronic secret balloting is now permitted for most governing-document votes, but generally only after the association adopts election rules in advance and honors each member's opt-in or opt-out choice (Cal. Civ. Code § 5260).
Assessment-related votes generally still require written paper ballots, so an amendment bundled with funding may need a paper vote (Cal. Civ. Code § 5105).
An amendment generally is not effective until the result is certified in writing and the amendment is recorded in the county land records (Cal. Civ. Code § 4270).
If a required supermajority cannot be reached despite a diligent, good-faith effort, the association or a member may petition the superior court to confirm the amendment based on the votes received (Cal. Civ. Code § 4275).
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