Can amendments to CC&R's be Repealed?

Susan, an amendment is not official until it is filed with the County Cleck and Recorer even after it has passed. If not filed it can be repealed by a vote of the members. If it has been recorded it can be revised or cancelled only by another amendment being filed after being approved by the homeowners.

Susan as Roger stated it would be handled like any other amendment. There is no special section for repealing Covenant changes only rule changes. Of course if the amended Covenant were in violation of the law it would be null and void. The process to amend the Covenants should be in your CC&R's. If not then this section of DS would apply:

Civil Code §1355. Amending the CC&Rs.

(a) The declaration may be amended pursuant to the governing documents or this title. Except as provided in Section 1356, an amendment is effective after

(1) the approval of the percentage of owners required by the governing documents has been given,

(2) that fact has been certified in a writing executed and acknowledged by the officer designated in the declaration or by the association for that purpose, or if no one is designated, by the president of the association, and

(3) that writing has been recorded in each county in which a portion of the common interest development is located.

(b) Except to the extent that a declaration provides by its express terms that it is not amendable, in whole or in part, a declaration which fails to include provisions permitting its amendment at all times during its existence may be amended at any time. For purposes of this subdivision, an amendment is only effective after

(1) the proposed amendment has been distributed to all of the owners of separate interests in the common interest development by first-class mail postage prepaid or personal delivery not less than 15 days and not more than 60 days prior to any approval being solicited;

(2) the approval of owners representing more than 50 percent, or any higher percentage required by the declaration for the approval of an amendment to the declaration, of the separate interests in the common interest development has been given, and that fact has been certified in a writing, executed and acknowledged by an officer of the association; and

(3) the amendment has been recorded in each county in which a portion of the common interest development is located. A copy of any amendment adopted pursuant to this subdivision shall be distributed by first-class mail postage prepaid or personal delivery to all of the owners of separate interest immediately upon its recordation.

Amendment to grant specific homeowners exclusive use of common areas. Civil Code §1363.07. Grant of Exclusive Use to Common Areas.

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