California Codes, Civil Code - CIV, Division 4 — General Provisions, Part 5.3 — Commercial and Industrial Common Interest Developments, Chapter 3 — Governing Documents, Article 2 — Declaration, Section 6618

(a) The Legislature finds that there are common interest developments that have been created with deed restrictions that do not provide a means for the members to extend the term of the declaration. The Legislature further finds that covenants and restrictions, contained in the declaration, are an appropriate method for protecting the common plan of developments and to provide for a mechanism for financial support for the upkeep of common area including, but not limited to, roofs, roads, heating systems, and recreational facilities. If declarations terminate prematurely, common interest developments may deteriorate and the supply of affordable units could be impacted adversely. The Legislature further finds and declares that it is in the public interest to provide a vehicle for extending the term of the declaration if the extension is approved by a majority of all members, pursuant to Section 6522.

(b) A declaration that specifies a termination date, but that contains no provision for extension of the termination date, may be extended, before its termination date, by the approval of members pursuant to Section 6620.

(c) No single extension of the terms of the declaration made pursuant to this section shall exceed the initial term of the declaration or 20 years, whichever is less. However, more than one extension may occur pursuant to this section.

Notes

Allows a declaration with a termination date but no extension provision to be extended before termination through member approval under the referenced procedure. Limits any single extension to the lesser of the declaration’s initial term or 20 years, while allowing multiple extensions; the statute also states legislative findings supporting a majority-approved extension mechanism.

Use as reference

Lexinter.net | California Code, Civil Code - CIV § 6618 | https://laws.lexinter.net/codes/california/civil-code/division-4/part-5-3/chapter-3/article-2/section-6618

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