California Court of Appeal, Fourth District
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Mission Shores Ass'n v. Pheil

Mission Shores Ass'n v. Pheil, 166 Cal. App. 4th 789, 83 Cal. Rptr. 3d 108 (Ct. App. 2008)

Treatment Good law
Decided Aug 27, 2008
Verified May 19, 2026
Source Full opinion
Holding

An association seeking to amend its CC&Rs may petition the court under Civ. Code §1356 (now §4275) for reduction of the supermajority approval threshold required by the declaration when the prescribed vote is unattainable. The court must find the amendment is reasonable and the petition meets the statutory procedural requirements. The trial court properly reduced the threshold to allow a short-term rental restriction to pass with a simple majority where the prescribed supermajority was unattainable.

Treatment Notes

Leading California decision applying the §4275 (former §1356) judicial relief mechanism for CC&R amendment. Decision date and docket lower-confidence — to be verified from courts.ca.gov before next major content build.

Case record last verified May 19, 2026. This content is educational and informational. It does not constitute legal advice. Consult a licensed attorney in your state for legal guidance specific to your situation.
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