Judge: Layne H. Melzer, Case: 2022-01272179, Date: 2022-11-03 Tentative Ruling

PLT Harbor View Hills Community Association

Motion - Other (Petition Under Civil Code 4275 to Validate CC&R Amendment)

The petition of petitioner Harbor View Hills Community Association (the “Association”) for an order dispensing with the requirement in the existing CC&Rs that all amendments of the CC&Rs be approved by seventy-five percent (75%) of the total voting power of the Association, and substituting an order that, by virtue of substantial compliance with the vote requirement by the votes received from the members, the proposed amended CC&Rs be approved on the basis of the affirmative votes received during the balloting period is denied.

This petition was opposed and the reasonableness of the proposed amendment highly disputed.

Further, on the record provided, the court cannot find that reasonably diligent effort was made to permit all eligible members to vote on the proposed amendment. Civ. Code § 4275(c)(3).  The verified petition alleges that a committee was formed to go door to door but does not allege that this was actually done.  [Petition ¶¶ 12-14.]  Nor is any admissible evidence submitted to show what was done.

The goal of Civ. Code §4275 is to address voter apathy or some other limitation, such as unreasonableness, that prevents the community from reach a consensus sufficient to meet the 75% approval standard.  To meet this concern, the Association needs to show that in fact that consensus cannot be reached.  On the current record, Petitioner has not shown this.