The Need for Election Rules

Even though the elections law went into effect well over six years ago, we still frequently come across associations without election rules in place. We often hear that some boards […]

§5975 – Enforcement of Governing Documents

The covenants and restrictions in the declaration shall be enforceable equitable servitudes, unless unreasonable, and shall inure to the benefit of and bind all owners of separate interests in the […]

§4275 – Court Amendment of Declaration

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 […]

§4270 – Declaration Amendment Procedure

A declaration may be amended pursuant to the declaration or this act. Except as provided * * * where an alternative process for approving, certifying, or recording an amendment is […]

§4265 – Extension of Term of Declaration

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 […]

§4260 – Amendability of Declaration

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 […]

§4255 – Airport Influence Areas

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 […]

§4250 – Contents of Declaration

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 […]

§4235 – Amendment of Outdated References

Notwithstanding any other provision of law or provision of the governing documents, if the governing documents include a reference to a provision of the Davis-Stirling Common Interest Development Act that […]

§4230 – Removal of Developer Provisions

Notwithstanding any provision of the governing documents to the contrary, the board may, after the developer has completed construction of the development, has terminated construction activities, and has terminated marketing […]