Cal. Civ. Code §4275
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Petition to reduce supermajority vote required to amend declaration
Authorizes an HOA or any member to petition the superior court for an order reducing the supermajority vote threshold required by the declaration to amend it. The petitioner must show that more than 50% of voting power affirmatively approved the amendment, that the petition is reasonable, and that all required notice was provided to members, mortgagees, and local government. Used when a declaration requires (e.g.) 67% or 75% approval to amend but the HOA cannot achieve that turnout despite a majority of voters favoring the change.
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Statutory Text
Verified Oct 6, 2026 · CA_PUBLIC_LAW
Civil Code section 4275 (a) 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 having more than 50 percent of the votes in more than one class in a voting structure with more than one class, to vote in favor of the amendment, the association, or any member, may petition the superior court of the county in which the common interest development is located for an order reducing the percentage of the affirmative votes necessary for such an amendment. The petition shall describe the effort that has been made to solicit approval of the association members in the manner provided in the declaration, the number of affirmative and negative votes actually received, the number or percentage of affirmative votes required to effect the amendment in accordance with the existing declaration, and other matters the petitioner considers relevant to the court’s determination. The petition shall also contain, as exhibits thereto, copies of all of the following: (1) The governing documents. (2) A complete text of the amendment. (3) Copies of any notice and solicitation materials utilized in the solicitation of member approvals. (4) A short explanation of the reason for the amendment. (5) Any other documentation relevant to the court’s determination. (b) Upon filing the petition, the court shall set the matter for hearing and issue an ex parte order setting forth the manner in which notice shall be given. (c) The court may, but shall not be required to, grant the petition if it finds all of the following: (1) The petitioner has given not less than 15 days written notice of the court hearing to all members of the association, to any mortgagee of a mortgage or beneficiary of a deed of trust who is entitled to notice under the terms of the declaration, and to the city, county, or city and county in which the common interest development is located that is entitled to notice under the terms of the declaration. (2) Balloting on the proposed amendment was conducted in accordance with the governing documents, this act, and any other applicable law. (3) A reasonably diligent effort was made to permit all eligible members to vote on the proposed amendment. (4) Members having more than 50 percent of the votes, in a single class voting structure, voted in favor of the amendment. In a voting structure with more than one class, where the declaration requires a majority of more than one class to vote in favor of the amendment, members having more than 50 percent of the votes of each class required by the declaration to vote in favor of the amendment voted in favor of the amendment. (5) The amendment is reasonable. (6) Granting the petition is not improper for any reason stated in subdivision (e). (d) If the court makes the findings required by subdivision (c), any order issued pursuant to this section may confirm …
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Governance
| Ref | Requirement |
|---|---|
| (a) | When an HOA's CC&Rs require 67% or 75% approval to amend, but the HOA cannot get that turnout despite majority support, §4275 lets the HOA (or any member) go to court and ask the judge to lower the threshold so the amendment can pass with the votes already cast. |
| (b) | The petition packet must include the full CC&Rs, the proposed amendment text, every notice and solicitation the HOA used during the vote, and an explanation of why the amendment is needed. The court reviews the entire process before lowering the threshold. |
| (c) | Before the court hearing, the petitioner must give 15 days' notice to every owner, every mortgage lender entitled to notice under the CC&Rs, and the relevant city or county government. Skipping any notice defeats the petition. |
| (d) | The court will approve the amendment only when every box is checked: proper notice, properly conducted vote, diligent outreach to all eligible voters, more than 50% of votes cast were in favor, AND the amendment itself is reasonable. All five elements must be present. |
| (e) | Even after the judge signs the order, the amendment doesn't take effect until the order and the amendment are both recorded with the county recorder in every county where any part of the community sits. A development that straddles two counties needs both recordings. |
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Legal references last verified July 4, 2026.
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