King

Appellants, C. M. King and A. M. Cadigan, with their respective husbands, own 2 of the 443 lots at Oakmore Highlands in Oakland. Respondent Oakmore Homes Association is a nonprofit corporation whose members consist of the developer and those who own lots at Oak-more Highlands. Appellants filed a complaint for declaratory relief against respondent contesting the validity of two votes of respondent’s members which extended the period during which restrictions on members’ property were to remain in effect. The trial court found that the extensions at issue in this appeal were valid. We reverse the judgment.

The parties stipulated to the following facts. The properties were subject to a “Declaration of Restrictions,” recorded originally on May 17, 1926, and extended through December 31, 1979. The Declaration of Restrictions provided that it could be extended for periods not exceeding 20 years “by the assent, evidenced by appropriate agreement entitled to record, entered into by the owners of record of not less than sixty-five (65) per cent in area of said property, . . .”

On December 28, 1979, respondent’s Board of Directors recorded a resolution certifying that not less…