Declaration - Governing Documents - Civil Law - CA

Section § 6614

This law outlines that any formal document, called a 'declaration,' recorded for a common interest development (like a condo or planned community) after January 1, 1986, must include a legal description of the property and state whether it's a condominium project, planned development, or similar. It should also name the homeowner association and list any rules or restrictions on using the property that are meant to be legally binding. Additionally, the declaration can include anything else the property developer or members think is relevant.

(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 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.

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Section § 6616

This law section says that if a legal document, called a 'declaration,' doesn’t have rules about changing it, people can usually amend or change it anytime, unless it specifically says it can’t be changed.

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.

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Section § 6618

This law addresses common interest developments like condos or planned communities and how they can extend their governing rules known as declarations. Sometimes, the original rules have an end date but no clear process to continue them. This could lead to financial and maintenance issues in shared spaces if not addressed. So, the law says it's okay to extend these rules if a majority of the community members agree. However, any single extension can't be longer than the original term or 20 years, whichever is shorter, but you can have multiple extensions.

(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 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 6522.

(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 6620.

(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.

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Section § 6620

If a certain agreement, known as a declaration, needs to be changed, you can do so by following either its own rules or the rules in this act. For the change to be valid, a few things must happen: everyone in the group should be notified about the proposed change at least 15 days in advance but not more than 60. The change must get the needed approval from group members and anyone else required to approve according to the declaration. This approval must be documented in writing by the designated official or the association's president and then filed with the county where the development is located. If the declaration doesn't specify how many members need to approve the change, then more than half of all members must agree.

(a) A declaration may be amended pursuant to the declaration or this act. An amendment is effective after all of the following requirements have been met:

(1) The proposed amendment has been delivered by individual notice to all members not less than 15 days and not more than 60 days prior to any approval being solicited.

(2) 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.

(3) 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.

(4) 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 6522.

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