Application for consent of the Real Estate Commissioner under Section
of the Business and Professions Code shall be made on a form provided by the
The application shall
consist of at least the following:
statement signed by or on behalf of the applicant containing the following:
(A) A narrative explanation of the proposed
change and the anticipated effects thereof.
(B) The reasons why the amendment is being
(C) The means whereby
persons eligible to vote on the proposed change will be informed concerning the
substance of the change, and the voting procedure to be employed if the consent
of the commissioner is obtained.
(D) Identification of the subdivisions which
will be affected by the proposed change by reference to the file numbers of the
public reports for the subdivisions.
(2) A copy of the instrument to be amended in
its present form.
(3) A copy of the
instrument incorporating the changes proposed in the application with suitable
marking to indicate proposed amendments.
(4) A copy of the resolution or other
authority for submission of the application if made on behalf of a corporation
(5) A copy of the
letter or notice to be given to all persons eligible to vote on the proposed
(6) An application fee of
twenty dollars ($20.00) in the form of a check or money order.
(c) If the commissioner finds that
the proposed change will not materially change the rights of any owner to
ownership, possession or use of interests in the subdivision, the commissioner
shall consent to the submission of the proposed change to a vote of the owners
or members. If the commissioner finds that the proposed change will materially
change such rights, the commissioner shall require, as a condition of the
commissioner's consent, that a notice approved by the commissioner describing
the substance of the proposed change be given to those persons eligible to vote
at least fifteen days prior to the vote.
(d) If the commissioner determines that the
change as proposed would create a new condition or circumstance that would be
the basis for denial of a public report under Section 11018 or 11018.5, the
commissioner shall issue a formal order denying consent to the submission of
the proposal to persons eligible to vote thereon.
(e) If an applicant fails to take the steps
necessary to obtaining the consent of the commissioner within ninety days after
the application is filed, the commissioner may deem the application to be
abandoned in which case a new application must be filed if the application is
to be thereafter pursued.
Cal. Code Regs. Tit.
Note: Authority cited: Sections
Business and Professions Code. Reference: Section
Business and Professions Code.
1. Amendment filed
10-14-68; effective thirtieth day thereafter (Register 68, No.
2. Repealer and new section filed 12-7-73; effective thirtieth
day thereafter (Register 73, No. 49).
3. Amendment of section and
repealer and new Note filed 11-27-96; operative 12-27-96 (Register 96, No.
4. Change without regulatory effect amending subsection (a)
filed 6-30-2014 pursuant to section 100, title 1, California Code of
2014, No. 27).