Ordinarily, CC&Rs and bylaws can only be amended by a vote of the HOA membership. However, there are some narrow circumstances under the Davis-Stirling Common Interest Development Act in which boards are empowered by statute to make certain limited amendments to CC&Rs or bylaws without a membership vote.

Illegal discriminatory language

Unfortunately, many HOAs have governing documents containing illegal discrimination.

Provisions discriminating against race, or sex, children (except senior communities, which can ban children), or other classes listed in Government Code 12955 must be removed by boards pursuant to Civil Code 4225.

Older CC&Rs sometimes still contain racial restrictions, and some association documents from as recently as the 1970’s or 80’s will occasionally have illegal r

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