Common interest developments: declarations: amendments.

Full Bill Text

Amended IN Assembly April 22, 2026 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Assembly Bill No. 2035 Introduced by Assembly Member Dixon February 17, 2026 An act to amend Section 4275 of the Civil Code, relating to common interest developments. LEGISLATIVE COUNSEL'S DIGEST AB 2035, as amended, Dixon. Common interest developments: declarations: amendments. Existing law, the Davis-Stirling Common Interest Development Act, provides for the creation and regulation of common interest developments. Existing law requires that a declaration be recorded in order to create a common interest development. Existing law authorizes the association, or any member, to 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 an amendment, 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, to vote in favor of the amendment. Existing law authorizes a court to grant the petition if it finds, among other things, members having more than 50 percent of the votes, in a single class voting structure, voted in favor of the amendment. This bill would lower the threshold to more than 37 percent of the votes if the court finds that the common interest development is a senior citizen housing development, as defined, the separate interests in the common interest development meet specified criteria, and the declaration has not been amended in at least 35 years. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill Text The people of the State of California do enact as follows: SECTION 1. Section 4275 of the Civil Code is amended to read: 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) Either of the following: (A) 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. (B) Members having more than 37 percent of votes, in a single class voting structure, voted in favor of the amendment and all of the following criteria are met: (i) The common interest development is a senior citizen housing development, as defined in paragraph (4) of subdivision (b) of Section 51.3. (ii) The common interest development has more than 6,000 separate interests. (iii) More than 25 percent of the separate interests in the common interest development are occupied by owners for less than six months a year. (iv) (iii) More than 25 percent of the separate interests in the common interest development are occupied by tenants. (v) (iv) The declaration has not been amended in at least 35 years. (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 the amendment as being validly approved on the basis of the affirmative votes actually received during the balloting period or the order may dispense with any requirement relating to quorums or to the number or percentage of votes needed for approval of the amendment that would otherwise exist under the governing documents. (e) Subdivisions (a) to (d), inclusive, notwithstanding, the court shall not be empowered by this section to approve any amendment to the declaration that: (1) Would change provisions in the declaration requiring the approval of members having more than 50 percent of the votes in more than one class to vote in favor of an amendment, unless members having more than 50 percent of the votes in each affected class approved the amendment. (2) Would eliminate any special rights, preferences, or privileges designated in the declaration as belonging to the declarant, without the consent of the declarant. (3) Would impair the security interest of a mortgagee of a mortgage or the beneficiary of a deed of trust without the approval of the percentage of the mortgagees and beneficiaries specified in the declaration, if the declaration requires the approval of a specified percentage of the mortgagees and beneficiaries. (f) An amendment is not effective pursuant to this section until the court order and amendment have been recorded in every county in which a portion of the common interest development is located. The amendment may be acknowledged by, and the court order and amendment may be recorded by, any person designated in the declaration or by the association for that purpose, or if no one is designated for that purpose, by the president of the association. Upon recordation of the amendment and court order, the declaration, as amended in accordance with this section, shall have the same force and effect as if the amendment were adopted in compliance with every requirement imposed by the governing documents. (g) Within a reasonable time after the amendment is recorded the association shall deliver to each member, by individual delivery, pursuant to Section 4040, a copy of the amendment, together with a statement that the amendment has been recorded.