2009 California Civil Code - Section 1376-1378 :: Chapter 10. Improvements

CIVIL CODE
SECTION 1376-1378

1376.  (a) Any covenant, condition, or restriction contained in any
deed, contract, security instrument, or other instrument affecting
the transfer or sale of, or any interest in, a common interest
development that effectively prohibits or restricts the installation
or use of a video or television antenna, including a satellite dish,
or that effectively prohibits or restricts the attachment of that
antenna to a structure within that development where the antenna is
not visible from any street or common area, except as otherwise
prohibited or restricted by law, is void and unenforceable as to its
application to the installation or use of a video or television
antenna that has a diameter or diagonal measurement of 36 inches or
less.
   (b) This section shall not apply to any covenant, condition, or
restriction, as described in subdivision (a), that imposes reasonable
restrictions on the installation or use of a video or television
antenna, including a satellite dish, that has a diameter or diagonal
measurement of 36 inches or less. For purposes of this section,
"reasonable restrictions" means those restrictions that do not
significantly increase the cost of the video or television antenna
system, including all related equipment, or significantly decrease
its efficiency or performance and include all of the following:
   (1) Requirements for application and notice to the association
prior to the installation.
   (2) Requirement of the owner of a separate interest, as defined in
Section 1351, to obtain the approval of the association for the
installation of a video or television antenna that has a diameter or
diagonal measurement of 36 inches or less on a separate interest
owned by another.
   (3) Provision for the maintenance, repair, or replacement of roofs
or other building components.
   (4) Requirements for installers of a video or television antenna
to indemnify or reimburse the association or its members for loss or
damage caused by the installation, maintenance, or use of a video or
television antenna that has a diameter or diagonal measurement of 36
inches or less.
   (c) Whenever approval is required for the installation or use of a
video or television antenna, including a satellite dish, the
application for approval shall be processed by the appropriate
approving entity for the common interest development in the same
manner as an application for approval of an architectural
modification to the property, and the issuance of a decision on the
application shall not be willfully delayed.
   (d) In any action to enforce compliance with this section, the
prevailing party shall be awarded reasonable attorney's fees.

1378.  (a) This section applies if an association's governing
documents require association approval before an owner of a separate
interest may make a physical change to the owner's separate interest
or to the common area. In reviewing and approving or disapproving a
proposed change, the association shall satisfy the following
requirements:
   (1) The association shall provide a fair, reasonable, and
expeditious procedure for making its decision. The procedure shall be
included in the association's governing documents. The procedure
shall provide for prompt deadlines. The procedure shall state the
maximum time for response to an application or a request for
reconsideration by the board of directors.
   (2) A decision on a proposed change shall be made in good faith
and may not be unreasonable, arbitrary, or capricious.
   (3) Notwithstanding a contrary provision of the governing
documents, a decision on a proposed change may not violate any
governing provision of law, including, but not limited to, the Fair
Employment and Housing Act (Part 2.8 (commencing with Section 12900)
of Division 3 of Title 2 of the Government Code), or a building code
or other applicable law governing land use or public safety.
   (4) A decision on a proposed change shall be in writing. If a
proposed change is disapproved, the written decision shall include
both an explanation of why the proposed change is disapproved and a
description of the procedure for reconsideration of the decision by
the board of directors.
   (5) If a proposed change is disapproved, the applicant is entitled
to reconsideration by the board of directors of the association that
made the decision, at an open meeting of the board. This paragraph
does not require reconsideration of a decision that is made by the
board of directors or a body that has the same membership as the
board of directors, at a meeting that satisfies the requirements of
Section 1363.05. Reconsideration by the board does not constitute
dispute resolution within the meaning of Section 1363.820.
   (b) Nothing in this section authorizes a physical change to the
common area in a manner that is inconsistent with an association's
governing documents, unless the change is required by law.
   (c) An association shall annually provide its members with notice
of any requirements for association approval of physical changes to
property. The notice shall describe the types of changes that require
association approval and shall include a copy of the procedure used
to review and approve or disapprove a proposed change. Correction
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