Judge: Matthew C. Braner, Case: 37-2023-00034337-CU-PT-CTL, Date: 2023-10-27 Tentative Ruling
SUPERIOR COURT OF CALIFORNIA,
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HALL OF JUSTICE
TENTATIVE RULINGS - October 26, 2023
10/27/2023 09:00:00 AM C-60 COUNTY OF SAN DIEGO
JUDICIAL OFFICER:Matthew C. Braner
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Civil - Unlimited Petitions - Other Motion Hearing (Civil) 37-2023-00034337-CU-PT-CTL PETITION OF PEPPER TOWNEHOMES ASSOCIATION [IMAGED] CAUSAL DOCUMENT/DATE FILED:
Petitioner Pepper Townehomes Association's unopposed petition to reduce the percentage of affirmative votes required to amend the declaration of covenants, conditions and restrictions of Pepper Townhomes Association is GRANTED.
As the court understands the petition, Petitioner seeks court approval of only two of the four proposed amendments to its Covenants, Conditions and Restrictions ('CC&R') pursuant to Civil Code section 4275. These proposed amendments are ballot references #2 and #3, and seek to: (1) extend the current CC&R, which is set to expire in 2024; and (2) lower the threshold for owner approval of CC&R amendments from a supermajority of 75% to simple majority of 51%.
Petitioner has complied with Civil Code section 4275, subdivision (a), as the petition includes: (1) the governing documents (Lodgment, Ex. A); (2) a complete text of the amendments (Lodgment, Ex. B); (3) copies of notices and solicitation materials used by Petitioner to solicit owner approval (Lodgment, Ex. B); (4) an explanation of the reason for the amendment (Memo. ISO Petition, ¶¶ 3-11); and (5) declarations from counsel and Petitioner's Community Manager, Rachael Robenolt, which are relevant to the court's determination. Based on these documents, the court has discretion to grant the petition if it finds all of the following: - 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.
- Balloting on the proposed amendment was conducted in accordance with the governing documents, this act, and any other applicable law.
- A reasonably diligent effort was made to permit all eligible members to vote on the proposed amendment.
- 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.
- The amendment is reasonable.
- Granting the petition is not improper for any reason stated in subdivision (e).
(Civ. Code, § 4275, subd. (c).) The court finds that all of these requirements have been met.
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3012456 10 CASE NUMBER: CASE TITLE: PETITION OF PEPPER TOWNEHOMES ASSOCIATION 37-2023-00034337-CU-PT-CTL Petitioner served notice of the hearing on September 26, 2023. (ROA #19.) The efforts undertaken by Petitioner to obtain owner approval of the proposed amendments were extensive, reasonably diligent, and conducted in accordance with both the CC&R and applicable law. Of particular importance, the two amendments connected to this petition obtained a simple majority of owner approval, even in the face of significant owner apathy. This owner apathy likewise emphasizes the reasonableness and necessity of seeking court approval for the amendments. Finally, the amendments are not improper for any of the reasons set forth in subdivision (e) of Civil Code section 4275.
Accordingly, the petitioner is granted.
Petitioner is instructed to provide the court with a proposed order for the court's signature consistent with this ruling.
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3012456 10