Seith

Barbara Seith appeals an order the trial court entered that reduced the percentage of votes necessary to amend the Fourth La Costa Condominium Owners Association’s (Owners Association) declaration of covenants, conditions and restrictions (CC&R’s) (Civ. Code, § 1356) and bylaws (Corp. Code, § 7515). Seith challenges the order on the grounds the underlying vote was invalid because it was by mail ballot, the ballot was not secret, the Owners Association made an insufficient effort to permit all owners to vote, and there was insufficient evidence of lender acquiescence; the court exceeded its statutory authority and applied an improper standard; certain provisions of the amendment are unreasonable; and section 1356 is unconstitutional as it impairs the obligation of contracts. We affirm the order.

FACTUAL AND PROCEDURAL BACKGROUND

The 48-unit Fourth La Costa condominium development was governed by CC&R’s and bylaws recorded in 1969. Both documents provided they may be amended only by an affirmative vote of not less than 75 percent of the owners.

In 2004 the Owners Association decided the CC&R’s and bylaws should be amended because some provisions were superseded by…