2009 California Civil Code - Section 1352-1353.8 :: Article 1. Creation

CIVIL CODE
SECTION 1352-1353.8

1352.  This title applies and a common interest development is
created whenever a separate interest coupled with an interest in the
common area or membership in the association is, or has been,
conveyed, provided, all of the following are recorded:
   (a) A declaration.
   (b) A condominium plan, if any exists.
   (c) A final map or parcel map, if Division 2 (commencing with
Section 66410) of Title 7 of the Government Code requires the
recording of either a final map or parcel map for the common interest
development.

1352.5.  (a) No declaration or other governing document shall
include a restrictive covenant in violation of Section 12955 of the
Government Code.
   (b) Notwithstanding any other provision of law or provision of the
governing documents, the board of directors of an association,
without approval of the owners, shall amend any declaration or other
governing document that includes a restrictive covenant prohibited by
this section to delete the restrictive covenant, and shall restate
the declaration or other governing document without the restrictive
covenant but with no other change to the declaration or governing
document.
   (c) If after providing written notice to an association requesting
that the association delete a restrictive covenant that violates
subdivision (a), and the association fails to delete the restrictive
covenant within 30 days of receiving the notice, the Department of
Fair Employment and Housing, a city or county in which a common
interest development is located, or any person may bring an action
against the association for injunctive relief to enforce subdivision
(a). The court may award attorney's fees to the prevailing party.

1353.  (a) (1) A declaration, recorded on or after January 1, 1986,
shall contain a legal description of the common interest development,
and a statement that the common interest development is a community
apartment project, condominium project, planned development, stock
cooperative, or combination thereof. The declaration shall
additionally set forth the name of the association and the
restrictions on the use or enjoyment of any portion of the common
interest development that are intended to be enforceable equitable
servitudes. If the property is located within an airport influence
area, a declaration, recorded after January 1, 2004, shall contain
the following statement:

             NOTICE OF AIRPORT IN VICINITY
  This property is presently located in the
  vicinity of an
  airport, within what is known as an airport
  influence area.  For that
  reason, the property may be subject to some of
  the annoyances or
  inconveniences associated with proximity to
  airport operations
  (for example: noise, vibration, or odors).
  Individual sensitivities
  to those annoyances can vary from person to
  person.  You may wish to
  consider what airport annoyances, if any, are
  associated
  with theproperty before you complete your
  purchase and determine whether theyare acceptable
  to you.

   (2) For purposes of this section, an "airport influence area,"
also known as an "airport referral area," is the area in which
current or future airport-related noise, overflight, safety, or
airspace protection factors may significantly affect land uses or
necessitate restrictions on those uses as determined by an airport
land use commission.
   (3) If the property is within the San Francisco Bay Conservation
and Development Commission jurisdiction, as described in Section
66610 of the Government Code, a declaration recorded on or after
January 1, 2006, shall contain the following notice:NOTICE OF SAN
FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION JURISDICTION

   This property is located within the jurisdiction of the San
Francisco Bay Conservation and Development Commission. Use and
development of property within the commission's jurisdiction may be
subject to special regulations, restrictions, and permit
requirements. You may wish to investigate and determine whether they
are acceptable to you and your intended use of the property before
you complete your transaction.
   (4) The statement in a declaration acknowledging that a property
is located in an airport influence area or within the jurisdiction of
the San Francisco Bay Conservation and Development Commission does
not constitute a title defect, lien, or encumbrance.
   (b) The declaration may contain any other matters the original
signator of the declaration or the owners consider appropriate.

1353.5.  (a) Except as required for the protection of the public
health or safety, no declaration or other governing document shall
limit or prohibit, or be construed to limit or prohibit, the display
of the flag of the United States by an owner on or in the owner's
separate interest or within the owner's exclusive use common area, as
defined in Section 1351.
   (b) For purposes of this section, "display of the flag of the
United States" means a flag of the United States made of fabric,
cloth, or paper displayed from a staff or pole or in a window, and
does not mean a depiction or emblem of the flag of the United States
made of lights, paint, roofing, siding, paving materials, flora, or
balloons, or any other similar building, landscaping, or decorative
component.
   (c) In any action to enforce this section, the prevailing party
shall be awarded reasonable attorneys' fees and costs.

1353.6.  (a) The governing documents, including the operating rules,
may not prohibit posting or displaying of noncommercial signs,
posters, flags, or banners on or in an owner's separate interest,
except as required for the protection of public health or safety or
if the posting or display would violate a local, state, or federal
law.
   (b) For purposes of this section, a noncommercial sign, poster,
flag, or banner may be made of paper, cardboard, cloth, plastic, or
fabric, and may be posted or displayed from the yard, window, door,
balcony, or outside wall of the separate interest, but may not be
made of lights, roofing, siding, paving materials, flora, or
balloons, or any other similar building, landscaping, or decorative
component, or include the painting of architectural surfaces.
   (c) An association may prohibit noncommercial signs and posters
that are more than 9 square feet in size and noncommercial flags or
banners that are more than 15 square feet in size.

1353.7.  (a) No common interest development may require a homeowner
to install or repair a roof in a manner that is in violation of
Section 13132.7 of the Health and Safety Code.
   (b) Governing documents of a common interest development located
within a very high fire severity zone, as designated by the Director
of Forestry and Fire Protection pursuant to Article 9 (commencing
with Section 4201) of Chapter 1 of Part 2 of Division 4 of the Public
Resources Code or by a local agency pursuant to Chapter 6.8
(commencing with Section 51175) of Part 1 of Division 1 of Title 5 of
the Government Code, shall allow for at least one type of fire
retardant roof covering material that meets the requirements of
Section 13132.7 of the Health and Safety Code.

1353.8.  (a) Notwithstanding any other law, a provision of any of
the governing documents of a common interest development shall be
void and unenforceable if it does any of the following:
   (1) Prohibits, or includes conditions that have the effect of
prohibiting, the use of low water-using plants as a group.
   (2) Has the effect of prohibiting or restricting compliance with
either of the following:
   (A) A water-efficient landscape ordinance adopted or in effect
pursuant to subdivision (c) of Section 65595 of the Government Code.
   (B) Any regulation or restriction on the use of water adopted
pursuant to Section 353 or 375 of the Water Code.
   (b) This section shall not prohibit an association from applying
landscaping rules and regulations established in the governing
documents, to the extent the rules and regulations fully conform with
the requirements of subdivision (a).


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