A: There
is a new law which allows for limited amendments to associations governing documents.
Civil Code Section 1352.5 is the newly enacted law which became effective Jan.
1.
Under
this Civil Code, community associations must review their governing documents
to ensure they do not contain any discriminatory provisions in violation of Government
Code Section 12955.
Government
Code Section 12955 prohibits discrimination on the basis of race, color, religion,
sex, familial status, marital status, disability, national origin, ancestry or
source of income. In addition, Government Code Section 12956.1 was amended to
require that an association place a cover page or a stamp on the governing documents
in 20-point boldface red type stating the following:
"If
this document contains any restriction based on race, color, religion, sex, familial
status, marital status, disability, national origin, or ancestry, that restriction
violates state and federal fair housing laws and is void. Any person holding
an interest in this property may request that the county recorder remove the restrictive
covenant language pursuant to subdivision (c) of Section 12956.1 of the Government
Code."
Pursuant
to these new laws, if the association's governing documents do contain any discriminatory
provisions, the association's board of directors must amend out the discriminatory
provisions. The amendment to remove the discriminatory provisions must be recorded
prior to January 1, 2001. Further, the amendment to eliminate discriminatory
provisions can be accomplished without a vote of the owners, so long as
the only provisions amended are those necessary to ensure compliance with the
new law.
You
should seek the advise of your legal counsel to ensure that you are in compliance
with this new law. Otherwise, in order to amend your governing documents, the
association must obtain the requisite consent of the owners of the residential
lots or units and lenders as provided in your governing documents.
The
requisite number of votes will vary with all associations. Check with your association's
governing documents to get the correct percentage of owner and/or lender votes
needed to pass any amendment to your governing documents.
Before
attempting any amendment to your governing documents, discuss your situation with
your association's legal counsel. Where owner approval is required, older CC&Rs
sometimes require that consenting property owners sign a written document, which
is subsequently recorded, acknowledging their approval of any CC&R amendment.
However,
California Civil Code § 1355(a) eliminates this burdensome requirement by offering
a less cumbersome method for establishing approval of the amendment.
