Voting to Extend Term of CC&Rs

When drafting CC&Rs, some attorneys have included a termination date. A means for extending the term mayor may not have been included in the document. If no mechanism exists within the document to extend the term, the term may be extended by a quorum of the members voting by means of the two envelope, secret ballot process. See Civil Code Sections 4270 and 4265(b) for additional information and consult with an HOA attorney for any legal advice you may require.

If an association does not meet the definition of a common interest development as defined by the Davis-Stirring Act, the CC&Rs can be extended only by the unanimous vote of all members of the association utilizing the two envelope, secret ballot process.

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