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Amendments
Amendments to Declaration
Section 1355
(a) The declaration may be amended pursuant to the governing
documents or this title. Except as provided in Section 1356,
an amendment is effective after (1) the approval of the percentage
of owners required by the governing documents has been given,
(2) that fact has been certified in a writing executed and
acknowledged by the officer designated in the declaration
or by the association for that purpose, or if no one is designated,
by the president of the association, and (3) that writing
has been recorded in each county in which a portion of the
common interest development is located.
(b) Except to the extent that a declaration provides by its
express terms that it is not amendable, in whole or in part,
a declaration which fails to include provisions permitting
its amendment at all times during its existence may be amended
at any time. For purposes of this subdivision, an amendment
is only effective after (1) the proposed amendment has been
distributed to all of the owners of separate interests in
the common interest development by first-class mail postage
prepaid or personal delivery not less than 15 days and not
more than 60 days prior to any approval being solicited; (2)
the approval of owners representing more than 50 percent,
or any higher percentage required by the declaration for the
approval of an amendment to the declaration, of the separate
interests in the common interest development has been given,
and that fact has been certified in a writing, executed and
acknowledged by an officer of the association; and (3) the
amendment has been recorded in each county in which a portion
of the common interest development is located. A copy of any
amendment adopted pursuant to this subdivision shall be distributed
by first-class mail postage prepaid or personal delivery to
all of the owners of separate interest immediately upon its
recordation.
History (1985 ch. 874, 1988 ch. 1409, 1993 ch. 21)
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