How to Amend CC&Rs in California and Nevada
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Key takeaways
- Owners vote on CC&R changes. Unlike board rules, the declaration generally needs member approval to change.
- The declaration sets the percentage. If it is silent, California and Nevada generally require a majority.
- California requires a secret ballot. Member votes on amendments to the governing documents must be by secret ballot.
- Recording makes it official. An amendment takes effect only once it is recorded in the county.
- Some changes are limited. Both states restrict amendments that take away certain owner rights.
Your CC&Rs may be decades old, refer to laws that no longer exist or contain rules most owners now oppose. Owners can amend CC&Rs, but the process is more demanding than changing a board rule. California and Nevada both set out how votes, approvals and recording work. This guide, part of our series on CC&R violations, walks through each step.
What is the difference between CC&Rs and HOA rules?
In short: CC&Rs are recorded against the property and need an owner vote to change; rules are adopted by the board.
The CC&Rs, also called the declaration, are the community’s core recorded document. Board rules cover day to day details like pool hours and parking. Our guide to HOA rules and regulations explains the difference.
A California board generally can adopt or change operating rules after giving members 28 days’ notice (Civil Code §4360). Changing the CC&Rs themselves generally requires a member vote.
How do you amend CC&Rs in California?
In short: Approval by the required percentage, certification by an officer and recording.
A California declaration with no amendment clause can generally be amended at any time, unless it expressly says it cannot be (Civil Code §4260). Unless a special process applies, an amendment takes effect only after three steps (Civil Code §4270):
- Approval: by the percentage of members the declaration requires, plus anyone else whose approval it requires.
- Certification: a designated officer, or the president, certifies the approval in a signed and acknowledged writing.
- Recording: the amendment is recorded in each county where part of the community is located.
If the declaration does not set a percentage, a majority of all members may approve the amendment. That means a majority of all members, not just those who vote.
What voting rules apply in California?
In short: A secret ballot, mailed at least 30 days before the voting deadline.
Member votes on amendments to the governing documents must be decided by secret ballot, except where delegates vote (Civil Code §5100). Ballots go to every member at least 30 days before the voting deadline, with the text of the proposed amendment (Civil Code §5115).
Independent inspectors of elections count the ballots at an open meeting, where any member may watch (Civil Code §5120). The board must give notice of the results within 15 days. Our guide to HOA election rules covers the ballot process in detail.
What if not enough owners vote in California?
In short: You may be able to ask a court to approve the amendment with a lower vote.
When the declaration requires more than 50 percent approval and the threshold is not met, the association or any member may petition the superior court (Civil Code §4275). The court may approve the amendment if it finds certain conditions are met.
Those conditions include proper notice of the hearing, a reasonably diligent effort to let every member vote, and members holding more than 50 percent of the votes voting in favor. The amendment must also be reasonable. Approval is up to the court. Some changes are not allowed this way, such as removing a developer’s special rights or impairing a lender’s security without the required approval.
Want to amend CC&Rs in your community?
Send us the current CC&Rs, the proposed changes, any prior amendments and the amendment section of the declaration. We can give you an initial read in one conversation on the vote you need and the steps involved.
Can a California board change the CC&Rs without a full member vote?
In short: Only in narrow cases set by statute.
The board must remove discriminatory restrictions from the governing documents without a member vote (Civil Code §4225). After construction and marketing are complete, it may also propose deleting provisions designed only to help the developer (Civil Code §4230). That requires 30 days’ notice to members, an open meeting and approval by a majority of a quorum of members. Fixing a cross-reference to a repealed Davis-Stirling section is also allowed by board resolution.
Outside those cases, the members must vote. Our guide to HOA board meeting rules explains how to raise a proposed amendment with the board.
How do you amend CC&Rs in Nevada?
In short: A vote of at least a majority, unless the declaration requires more, and recording.
The declaration may generally be amended by owners holding at least a majority of the votes in the association, unless the declaration sets a different percentage (NRS 116.2117). If the declaration requires another person’s approval, such as the developer’s, the amendment is not valid without it.
The amendment takes effect only once it is recorded in every county where part of the community is located. A designated officer, or the president, prepares, signs and records it. A challenge to the validity of an association-adopted amendment generally must be filed within one year after it is recorded.
Changes to unit boundaries or allocated interests generally require unanimous consent of the affected owners and a majority of the other owners. Check your declaration and bylaws for any additional voting rules.
What CC&R amendments are limited?
In short: Amendments that take away certain rights from current owners.
Use restrictions: in Nevada, a new amendment that materially restricts the use or occupancy of units cannot be enforced against existing owners of record (NRS 116.2117). That protection lasts while they own the unit.
Rentals: in both states, an owner who bought before a rental ban was adopted is generally protected from it (Civil Code §4740; NRS 116.335). In Nevada, a rental cap in the declaration cannot be amended to lower it (NRS 116.335). See our guides to California HOA short-term rental restrictions and Nevada HOA short-term rentals.
Pets: a Nevada declaration cannot be amended to bar owners from keeping at least one pet (NRS 116.318). See our guide to HOA pet rules. Home business restrictions raise similar questions, covered in our guide to running a home business in an HOA.
How do owners start the process to amend CC&Rs?
In short: Read the declaration, build support and work with the board.
Start with the amendment section of the declaration and any prior amendments. Request copies of the recorded documents if you do not have them. See our guides to the California HOA records request and Nevada HOA records requests.
Draft a clear amendment and explain why it is needed. Gather support from other owners, then present it to the board. Many communities hire an attorney to draft the amendment and run the vote, because a defect can make it invalid. Our HOA dispute resolution team represents owners and boards in both states.
Ready to Protect Your Rights?
Whether you want to update outdated CC&Rs or challenge an amendment that was pushed through, we can review the facts and explain your options. We will review the declaration, the vote and the recording, and give you our assessment of your options. Schedule your free consultation and speak directly with a Nevada and California HOA attorney.
Frequently asked questions
Whatever the declaration requires. If it is silent, California generally requires a majority of all members (Civil Code §4270), and Nevada at least a majority of the votes (NRS 116.2117).
Generally no. In California, the board can act alone only in narrow cases, such as removing unlawful discriminatory covenants or fixing outdated cross-references.
Yes. In both states, the amendment takes effect only once it is recorded in each county where the community is located.
In California, if the declaration requires more than 50 percent and the vote falls short, you may petition a court (Civil Code §4275). Approval is discretionary and requires more than 50 percent of the votes in favor, among other conditions.
It is limited. Both states protect certain owners from new rental restrictions, and Nevada bars adding a total pet ban by amendment.
In Nevada, generally one year after the amendment is recorded (NRS 116.2117). In California, a challenge to the election itself generally must be filed within one year (Civil Code §5145). Other claims have different deadlines.
Conclusion
To amend CC&Rs, owners need the approval the declaration requires, proper certification and recording. California adds a secret ballot and a court option when turnout falls short. Nevada generally requires a majority vote, recording and a challenge within one year.
Read your declaration, plan the vote carefully and get the drafting right. For each state’s wider framework, see our Nevada NRS 116 guide and Davis-Stirling Act guide.
Disclaimer: This article provides general information about Nevada and California HOA law and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts and the association’s governing documents.California HOA law and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts and the association’s governing documents.
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