Court Holds Showing of Voter Apathy Not Required on Petition to Amend Declaration Despite Lack of Requisite Votes

by Jacqueline Pagano, Esq.  Feldsott & Lee                  Civil Code §4275 in the Davis-Stirling Common Interest Development Act allows a community association to petition the court to confirm an amendment to the CC&Rs, despite the fact that the proposed amendment was not approved by the requisite number of members set forth in the CC&Rs. The governing documents of many common interest developments require the vote of a “super majority” of members in order to amend …