AB 762

This bill modifies the number of unit owners necessary for disapproval of an

amendment to a condominium document under certain circumstances.

Under current law, a condominium declaration must specify the number of

votes that are appurtenant to each unit in the condominium for purposes of voting

at meetings of the association of unit owners. Current law provides that a

condominium declaration, as well as a condominium plat, may be amended with the

written consent of at least two-thirds of the aggregate votes established in the

declaration for all of the units, unless the declaration provides for a greater

percentage, and that condominium bylaws may be amended by the affirmative vote

of unit owners having 67 percent or more of the votes.

This bill provides that, if legal title to units with two-thirds or more of the

aggregate votes established in the declaration for all of the units is held by a single

person or by two or more persons acting jointly by formal agreement, an amendment

to a condominium declaration, as well as to a condominium plat, is disapproved if a

simple majority of the unit owners, without regard to the number of units owned by

any unit owner or the number of votes appurtenant to the units owned by any unit

owner, opposes the amendment in writing. Likewise, an amendment to

condominium bylaws is disapproved if a simple majority of the unit owners, without

regard to the number of units owned by any unit owner or the number of votes

appurtenant to the units owned by any unit owner, opposes the amendment in

writing. As defined in current law, a "unit owner" is any person, combination of

persons, partnership, or corporation that holds title to a unit. Thus, for example, a

husband and wife who own a unit together would be one unit owner.