The declaration is the senior governing document of a common interest development. Amending it is a
vote of the members — which means it runs on the election rules, the secret ballot and the
independent inspector, like any other.
§ 5100(a) puts amendments to the governing documents on the list of
votes that must be held by secret ballot under the election article. So an amendment to the
declaration is not a board decision dressed up as a vote: it needs election operating rules, a
ballot, an inspector of elections who is not a director or a candidate, and a count that can be
certified.
The vote is not the amendment
This is the mistake that costs associations the most. § 4270(a) makes an
amendment effective only when three things have happened, not one:
Approval by the percentage of members the declaration requires — and by anyone
else whose approval the declaration requires, which is often a lender or the declarant.
Certification in a writing executed and acknowledged by the officer the
declaration designates, or, if it designates no one, by the president.
Recording in each county in which any part of the development lies.
Until the third step is done the declaration says what it said before, however the vote went. An
association that counts the ballots, announces the result and files the paperwork away has not
amended anything. And where a development straddles a county line, recording in one county is not
enough.
If the declaration is silent on the percentage, § 4270(b) supplies one: a
majority of all members, under § 4065 — not a majority of those voting.
When the declaration does not provide for its own amendment
Older declarations sometimes contain no amendment clause at all.
§ 4260 answers that directly: such a declaration
may be amended at any time, unless it says in express terms that it is not amendable. The
absence of a procedure is not a bar; an express prohibition is.
Declarations that expire
A declaration with a termination date and no extension provision can be extended before it expires,
by a vote under § 4270 — § 4265(b). Each extension is capped at the initial
term or 20 years, whichever is less, and more than one extension is allowed.
Missing that date used to be final. Since August 2026 it is not, in one county:
§ 4276 lets a declaration that has already terminated be reinstated by a
member vote, with the same certification and recording steps. It applies
only to Los Angeles County and it repeals itself on 1 January 2028
— a two-year window, in one place.
When the threshold cannot be reached
Amendment votes fail for want of turnout more often than for want of support. § 4275 lets the
association petition the superior court to reduce the percentage its own declaration demands, after
a vote that fell short. It is the counterpart to the quorum provisions on
§ 5115, and it is itself being amended — see the pending change below.
What a declaration has to say
§ 4250 sets the floor for any declaration recorded on or after 1 January
1986: a legal description of the development, a statement of which kind of development it is, the
name of the association, and the restrictions on use intended to run with the land. Everything else
is optional. § 4255 adds two notices where geography requires them — an
airport influence area, and the San Francisco Bay Conservation and Development Commission's
jurisdiction — and says plainly that neither notice is a title defect or an encumbrance.
Civil Code § 4250 — the text
What a Declaration Must Contain Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.
(a)A declaration, recorded on or after January 1, 1986, shall contain a legal description of the common interest development, and a statement that the common interest development is a community apartment project, condominium project, planned development, stock cooperative, or combination thereof. The declaration shall additionally set forth the name of the association and the restrictions on the use or enjoyment of any portion of the common interest development that are intended to be enforceable equitable servitudes.
(b)The declaration may contain any other matters the declarant or the members consider appropriate.
Airport and Bay Conservation Notices in the Declaration Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.
(a)If a common interest development is located within an airport influence area, a declaration, recorded after January 1, 2004, shall contain the following statement: “NOTICE OF AIRPORT IN VICINITY This property is presently located in the vicinity of an airport, within what is known as an airport influence area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (for example: noise, vibration, or odors). Individual sensitivities to those annoyances can vary from person to person. You may wish to consider what airport annoyances, if any, are associated with the property before you complete your purchase and determine whether they are acceptable to you.”
(b)For purposes of this section, an “airport influence area,” also known as an “airport referral area,” is the area in which current or future airport-related noise, overflight, safety, or airspace protection factors may significantly affect land uses or necessitate restrictions on those uses as determined by an airport land use commission.
(c)If a common interest development is within the San Francisco Bay Conservation and Development Commission jurisdiction, as described in Section 66610 of the Government Code, a declaration recorded on or after January 1, 2006, shall contain the following notice: “NOTICE OF SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION JURISDICTION This property is located within the jurisdiction of the San Francisco Bay Conservation and Development Commission. Use and development of property within the commission’s jurisdiction may be subject to special regulations, restrictions, and permit requirements. You may wish to investigate and determine whether they are acceptable to you and your intended use of the property before you complete your transaction.”
(d)The statement in a declaration acknowledging that a property is located in an airport influence area or within the jurisdiction of the San Francisco Bay Conservation and Development Commission does not constitute a title defect, lien, or encumbrance.
A Declaration Silent on Amendment May Still Be Amended Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.
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.
Extending a Declaration That Has a Termination Date Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.
(a)The Legislature finds that there are common interest developments that have been created with deed restrictions that do not provide a means for the members to extend the term of the declaration. The Legislature further finds that covenants and restrictions contained in the declaration, are an appropriate method for protecting the common plan of developments and to provide for a mechanism for financial support for the upkeep of common area including, but not limited to, roofs, roads, heating systems, and recreational facilities. If declarations terminate prematurely, common interest developments may deteriorate and the housing supply of affordable units could be impacted adversely. The Legislature further finds and declares that it is in the public interest to provide a vehicle for extending the term of the declaration if the extension is approved by a majority of all members, pursuant to Section 4065.
(b)A declaration that specifies a termination date, but that contains no provision for extension of the termination date, may be extended, before its termination date, by the approval of members pursuant to Section 4270.
(c)No single extension of the terms of the declaration made pursuant to this section shall exceed the initial term of the declaration or 20 years, whichever is less. However, more than one extension may occur pursuant to this section.
Amending the Declaration — Approval, Certification, Recording Amended by Stats. 2016, Ch. 714, Sec. 6. (SB 944) Effective January 1, 2017.
(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:
(a)(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.
(a)(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.
(a)(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.
What this section used to say
Read by comparing the Legislative Counsel's biennial publications of the code, one per session. The earliest is the 2013–2014 publication, which already carries the Act in its present numbering, so changes are recorded from the publication after it onward. This matters beyond the record: § 5145 gives a member one year to challenge an election, and the text that governs is the text in force on the day it was held, not today's.
SB 944in force 2017-01-01
Amended by Stats. 2016, Ch. 714, Sec. 6. (SB 944) Effective January 1, 2017.
1 subdivision changed
See what changed
(a)A declaration may be amended pursuant to the declaration or this act. Except as 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:
Petition to Reduce Percentage of Votes Required to Amend the Declaration Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180. Amended by AB 2035, in force from 1 January 2027
(a)If in order to amend a declaration, the declaration requires members having more than 50 percent of the votes in the association, in a single class voting structure, or members having more than 50 percent of the votes in more than one class in a voting structure with more than one class, to vote in favor of the amendment, the association, or any member, may petition the superior court of the county in which the common interest development is located for an order reducing the percentage of the affirmative votes necessary for such an amendment. The petition shall describe the effort that has been made to solicit approval of the association members in the manner provided in the declaration, the number of affirmative and negative votes actually received, the number or percentage of affirmative votes required to effect the amendment in accordance with the existing declaration, and other matters the petitioner considers relevant to the court’s determination. The petition shall also contain, as exhibits thereto, copies of all of the following:
(a)(3)Copies of any notice and solicitation materials utilized in the solicitation of member approvals.
(a)(4)A short explanation of the reason for the amendment.
(a)(5)Any other documentation relevant to the court’s determination.
(b)Upon filing the petition, the court shall set the matter for hearing and issue an ex parte order setting forth the manner in which notice shall be given.
(c)The court may, but shall not be required to, grant the petition if it finds all of the following:
(c)(1)The petitioner has given not less than 15 days written notice of the court hearing to all members of the association, to any mortgagee of a mortgage or beneficiary of a deed of trust who is entitled to notice under the terms of the declaration, and to the city, county, or city and county in which the common interest development is located that is entitled to notice under the terms of the declaration.
(c)(2)Balloting on the proposed amendment was conducted in accordance with the governing documents, this act, and any other applicable law.
(c)(3)A reasonably diligent effort was made to permit all eligible members to vote on the proposed amendment.
(c)(4)Members having more than 50 percent of the votes, in a single class voting structure, voted in favor of the amendment. In a voting structure with more than one class, where the declaration requires a majority of more than one class to vote in favor of the amendment, members having more than 50 percent of the votes of each class required by the declaration to vote in favor of the amendment voted in favor of the amendment.
(c)(6)Granting the petition is not improper for any reason stated in subdivision (e).
(d)If the court makes the findings required by subdivision (c), any order issued pursuant to this section may confirm the amendment as being validly approved on the basis of the affirmative votes actually received during the balloting period or the order may dispense with any requirement relating to quorums or to the number or percentage of votes needed for approval of the amendment that would otherwise exist under the governing documents.
(e)Subdivisions (a) to (d), inclusive, notwithstanding, the court shall not be empowered by this section to approve any amendment to the declaration that:
(e)(1)Would change provisions in the declaration requiring the approval of members having more than 50 percent of the votes in more than one class to vote in favor of an amendment, unless members having more than 50 percent of the votes in each affected class approved the amendment.
(e)(2)Would eliminate any special rights, preferences, or privileges designated in the declaration as belonging to the declarant, without the consent of the declarant.
(e)(3)Would impair the security interest of a mortgagee of a mortgage or the beneficiary of a deed of trust without the approval of the percentage of the mortgagees and beneficiaries specified in the declaration, if the declaration requires the approval of a specified percentage of the mortgagees and beneficiaries.
(f)An amendment is not effective pursuant to this section until the court order and amendment have been recorded in every county in which a portion of the common interest development is located. The amendment may be acknowledged by, and the court order and amendment may be recorded by, any person designated in the declaration or by the association for that purpose, or if no one is designated for that purpose, by the president of the association. Upon recordation of the amendment and court order, the declaration, as amended in accordance with this section, shall have the same force and effect as if the amendment were adopted in compliance with every requirement imposed by the governing documents.
(g)Within a reasonable time after the amendment is recorded the association shall deliver to each member, by individual delivery, pursuant to Section 4040, a copy of the amendment, together with a statement that the amendment has been recorded.
Reinstating a Terminated Declaration — Los Angeles County, to 2028 Added by Stats. 2026, Ch. 124, Sec. 1. (AB 2692) Effective August 24, 2026. Repealed as of January 1, 2028, by its own provisions.
(a)Notwithstanding any other law, a declaration that has terminated by operation of the provisions that set forth the initial term of the declaration may be reinstated pursuant to this section if approved by the percentage of members required by the declaration for extending the term of the declaration. If the declaration does not specify the percentage of members who must approve the extension of the declaration, a declaration may be reinstated pursuant to this section if approved by a majority of all members.
(b)Balloting on reinstatement shall be conducted in accordance with the governing documents, this act, and any other applicable law. A reasonably diligent effort shall be made to permit all eligible members to vote.
(c)The reinstatement of the declaration is effective after all of the following requirements have been met:
(c)(1)The reinstatement of the declaration has been approved by the percentage of members specified in subdivision (a).
(c)(2)Approval by the members has been certified in a writing executed and acknowledged by the officer designated in the declaration by the association for that purpose or, if no one is designated, by the president of the association.
(c)(3)The declaration has been recorded in the county recorder’s office.
(d)The extension of the terms of the declaration made pursuant to this section shall be equal to the number of years of the initial term of the declaration or 20 years, whichever is less.
(e)Within a reasonable time after the reinstated declaration is recorded, the association shall deliver to each member, by individual delivery, pursuant to Section 4040, a copy of the reinstated declaration, together with a statement that the reinstated declaration has been recorded.
(f)This section shall be applicable only to the County of Los Angeles.
(g)This section shall remain in effect only until January 1, 2028, and as of that date is repealed.
What this section used to say
Read by comparing the Legislative Counsel's biennial publications of the code, one per session. The earliest is the 2013–2014 publication, which already carries the Act in its present numbering, so changes are recorded from the publication after it onward. This matters beyond the record: § 5145 gives a member one year to challenge an election, and the text that governs is the text in force on the day it was held, not today's.
AB 2692in force 2026-08-24
Added by Stats. 2026, Ch. 124, Sec. 1. (AB 2692) Effective August 24, 2026. Repealed as of January 1, 2028, by its own provisions.