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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 117375
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Is use of the code 1355.5 a useful way to amend CCand Rs -

Customer Question

Is use of the code 1355.5 a useful way to amend CCand Rs - does it avoid need
To get member support --in our case 66. 2/3 or is it a poorly written law largely unused andunuseful
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

No, CA Code 1355.5 is a valid law and may be used in the situation it describes when the subdivision is turned over from the developer and it is used only for the purpose described in the statute. It specifically says, "Notwithstanding" meaning it supersedes what CC&R and bylaws say, but only with respect to "adopt an amendment deleting from any of the governing documents any provision which is unequivocally designed and intended, or which by its nature can only have been designed or intended, to facilitate the developer in completing the construction or marketing of the development.  However, provisions of the governing documents relative to a particular construction or marketing phase of the development may not be deleted under the authorization of this subdivision until that construction or marketing phase has been completed."

It cannot be used for any other purpose, for any other purpose, the bylaws requirement of 66 2/3 would be required for a change.

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