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)
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.
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.