California AB 2035: Common interest developments: declarations: amendments.

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 |Add To My Favorites |Track Bill | Version: 04/22/26 - Amended Assembly
 02/17/26 - Introduced

 AB-2035 Common interest developments: declarations: amendments.(2025-2026)

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 Date Published: 04/22/2026 09:00 PM

AB2035:v98#DOCUMENTBill Start

 Amended
 IN 
 Assembly
 April 22, 2026

 CALIFORNIA LEGISLATURE—
 2025–2026 REGULAR SESSION

 Assembly Bill

No. 2035

Introduced by Assembly Member Dixon

February 17, 2026

 An act to amend Section 4275 of the Civil Code, relating to common interest developments. 

LEGISLATIVE COUNSEL'S DIGEST

AB 2035, as amended, Dixon.
 Common interest developments: declarations: amendments.

Existing law, the Davis-Stirling Common Interest Development Act, provides for the creation and regulation of common interest developments. Existing law requires that a declaration be recorded in order to create a common interest development.

Existing law authorizes the association, or any member, to petition the superior court of the county in which the common interest development is located for an order reducing the percentage of the affirmative votes necessary for an amendment, if in order to amend a declaration, the declaration requires members having more than 50 percent of the votes in the association, in a single class voting structure, to vote in favor of the amendment. Existing law authorizes a court to grant the petition if it finds, among other things, members having more than 50 percent of the votes, in a single class voting
 structure, voted in favor of the amendment.

This bill would lower the threshold to more than 37 percent of the votes if the court finds that the common interest development is a senior citizen housing development, as defined, the separate interests in the common interest development meet specified criteria, and the declaration has not been amended in at least 35 years.

Digest Key

 Vote:
 MAJORITY 
 Appropriation:
 NO 
 Fiscal Committee:
 NO 
 Local Program:
 NO 

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 4275 of the Civil Code is amended to read:

4275.

 (a) If in order to amend a declaration, the declaration requires members having more than 50 percent of the votes in the association, in a single class voting structure, or members having more than 50 percent of the votes in more than one class in a voting structure with more than one class, to vote in favor of the amendment, the association, or any member, may petition the superior court of the county in which the common interest development is located for an order reducing the percentage of the affirmative votes necessary for such an amendment. The petition shall describe the effort that has been made to solicit approval of the association members in the manner provided in the declaration, the number of affirmative and negative votes actually
 received, the number or percentage of affirmative votes required to effect the amendment in accordance with the existing declaration, and other matters the petitioner considers relevant to the court’s determination. The petition shall also contain, as exhibits thereto, copies of all of the following:

(1) The governing documents.

(2) A complete text of the amendment.

(3) Copies of any notice and solicitation materials utilized in the solicitation of member approvals.

(4) A short explanation of the reason for the amendment.

(5) Any other documentation relevant to the court’s determination.

(b) Upon filing the petition, the court shall set the matter for hearing and issue an ex parte order setting forth the manner in which notice shall be given.

(c) The court may, but shall not be required to, grant the petition if it finds all of the following:

(1) 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.

(2) Balloting on the proposed amendment was conducted in accordance with the governing documents, this act, and any other applicable law.

(3) A reasonably diligent effort was made to permit all eligible members to vo