2009 California Civil Code - Section 707-714.5 :: Article 2. Conditions Of Ownership

CIVIL CODE
SECTION 707-714.5

707.  The time when the enjoyment of property is to begin or end may
be determined by computation, or be made to depend on events. In the
latter case, the enjoyment is said to be upon condition.

708.  Conditions are precedent or subsequent. The former fix the
beginning, the latter the ending, of the right.

709.  If a condition precedent requires the performance of an act
wrong of itself, the instrument containing it is so far void, and the
right cannot exist. If it requires the performance of an act not
wrong of itself, but otherwise unlawful, the instrument takes effect
and the condition is void.

[710.]  Section Seven Hundred and Ten. Conditions imposing
restraints upon marriage, except upon the marriage of a minor, are
void; but this does not affect limitations where the intent was not
to forbid marriage, but only to give the use until marriage.

711.  Conditions restraining alienation, when repugnant to the
interest created, are void.

711.5.  (a) Notwithstanding the provisions of Sections 711 and
1916.5, a state or local public entity directly or indirectly
providing housing purchase or rehabilitation loans shall have the
authority to deny assumptions, or require the denial of assumptions,
by a subsequent ineligible purchaser or transferee of the prior
borrower of the obligation of any such loan made for the purpose of
rehabilitating or providing affordable housing. If such a subsequent
purchaser or transferee does not meet such an entity's eligibility
requirements, that entity may accelerate or may require the
acceleration of the principal balance of the loan to be all due and
payable upon the sale or transfer of the property.
   (b) As a condition of authorizing assumption of a loan pursuant to
this section, the entity may recast the repayment schedule for the
remainder of the term of the loan by increasing the interest to the
current market rate at the time of assumption, or to such lower rate
of interest as is the maximum allowed by an entity that provided any
insurance or other assistance which results in an assumption being
permitted. Any additional increment of interest produced by
increasing the rate of interest upon a loan pursuant to this
subdivision shall be transmitted or forwarded to the entity for
deposit in the specified fund from which the loan was made, or, if no
such fund exists, or the public entity has directed otherwise, then
to the general fund of such entity.
   (c) The state or local public entity providing assistance as
specified in this section may implement appropriate measures to
assure compliance with this section.

712.  (a) Every provision contained in or otherwise affecting a
grant of a fee interest in, or purchase money security instrument
upon, real property in this state heretofore or hereafter made, which
purports to prohibit or restrict the right of the property owner or
his or her agent to display or have displayed on the real property,
or on real property owned by others with their consent, or both,
signs which are reasonably located, in plain view of the public, are
of reasonable dimensions and design, and do not adversely affect
public safety, including traffic safety, and which advertise the
property for sale, lease, or exchange, or advertise directions to the
property, by the property owner or his or her agent is void as an
unreasonable restraint upon the power of alienation.
   (b) This section shall operate retrospectively, as well as
prospectively, to the full extent that it may constitutionally
operate retrospectively.
   (c) A sign that conforms to the ordinance adopted in conformity
with Section 713 shall be deemed to be of reasonable dimension and
design pursuant to this section.

713.  (a) Notwithstanding any provision of any ordinance, an owner
of real property or his or her agent may display or have displayed on
the owner's real property, and on real property owned by others with
their consent, signs which are reasonably located, in plain view of
the public, are of reasonable dimensions and design, and do not
adversely affect public safety, including traffic safety, as
determined by the city, county, or city and county, advertising the
following:
   (1) That the property is for sale, lease, or exchange by the owner
or his or her agent.
   (2) Directions to the property.
   (3) The owner's or agent's name.
   (4) The owner's or agent's address and telephone number.
   (b) Nothing in this section limits any authority which a person or
local governmental entity may have to limit or regulate the display
or placement of a sign on a private or public right-of-way.

714.  (a) Any covenant, restriction, or condition contained in any
deed, contract, security instrument, or other instrument affecting
the transfer or sale of, or any interest in, real property, and any
provision of a governing document, as defined in subdivision (j) of
Section 1351, that effectively prohibits or restricts the
installation or use of a solar energy system is void and
unenforceable.
   (b) This section does not apply to provisions that impose
reasonable restrictions on solar energy systems. However, it is the
policy of the state to promote and encourage the use of solar energy
systems and to remove obstacles thereto. Accordingly, reasonable
restrictions on a solar energy system are those restrictions that do
not significantly increase the cost of the system or significantly
decrease its efficiency or specified performance, or that allow for
an alternative system of comparable cost, efficiency, and energy
conservation benefits.
   (c) (1) A solar energy system shall meet applicable health and
safety standards and requirements imposed by state and local
permitting authorities.
   (2) A solar energy system for heating water shall be certified by
the Solar Rating Certification Corporation (SRCC) or other nationally
recognized certification agencies. SRCC is a nonprofit third party
supported by the United States Department of Energy. The
certification shall be for the entire solar energy system and
installation.
   (3) A solar energy system for producing electricity shall also
meet all applicable safety and performance standards established by
the National Electrical Code, the Institute of Electrical and
Electronics Engineers, and accredited testing laboratories such as
Underwriters Laboratories and, where applicable, rules of the Public
Utilities Commission regarding safety and reliability.
   (d) For the purposes of this section:
   (1) (A) For solar domestic water heating systems or solar swimming
pool heating systems that comply with state and federal law,
"significantly" means an amount exceeding 20 percent of the cost of
the system or decreasing the efficiency of the solar energy system by
an amount exceeding 20 percent, as originally specified and
proposed.
   (B) For photovoltaic systems that comply with state and federal
law, "significantly" means an amount not to exceed two thousand
dollars ($2,000) over the system cost as originally specified and
proposed, or a decrease in system efficiency of an amount exceeding
20 percent as originally specified and proposed.
   (2) "Solar energy system" has the same meaning as defined in
paragraphs (1) and (2) of subdivision (a) of Section 801.5.
   (e) (1) Whenever approval is required for the installation or use
of a solar energy system, the application for approval shall be
processed and approved by the appropriate approving entity in the
same manner as an application for approval of an architectural
modification to the property, and shall not be willfully avoided or
delayed.
   (2) For an approving entity that is a homeowners' association, as
defined in subdivision (a) of Section 1351, and that is not a public
entity, both of the following shall apply:
   (A) The approval or denial of an application shall be in writing.
   (B) If an application is not denied in writing within 60 days from
the date of receipt of the application, the application shall be
deemed approved, unless that delay is the result of a reasonable
request for additional information.
   (f) Any entity, other than a public entity, that willfully
violates this section shall be liable to the applicant or other party
for actual damages occasioned thereby, and shall pay a civil penalty
to the applicant or other party in an amount not to exceed one
thousand dollars ($1,000).
   (g) In any action to enforce compliance with this section, the
prevailing party shall be awarded reasonable attorney's fees.
   (h) (1) A public entity that fails to comply with this section may
not receive funds from a state-sponsored grant or loan program for
solar energy. A public entity shall certify its compliance with the
requirements of this section when applying for funds from a
state-sponsored grant or loan program.
   (2) A local public entity may not exempt residents in its
jurisdiction from the requirements of this section.

714.1.  Notwithstanding Section 714, any association, as defined in
Section 1351, may impose reasonable provisions which:
   (a) Restrict the installation of solar energy systems installed in
common areas, as defined in Section 1351, to those systems approved
by the association.
   (b) Require the owner of a separate interest, as defined in
Section 1351, to obtain the approval of the association for the
installation of a solar energy system in a separate interest owned by
another.
   (c) Provide for the maintenance, repair, or replacement of roofs
or other building components.
   (d) Require installers of solar energy systems to indemnify or
reimburse the association or its members for loss or damage caused by
the installation, maintenance, or use of the solar energy system.

714.5.  The covenants, conditions, and restrictions or other
management documents shall not prohibit the sale, lease, rent, or use
of real property on the basis that the structure intended for
occupancy on the real property is constructed in an offsite facility
or factory, and subsequently moved or transported in sections or
modules to the real property. Nothing herein shall preclude the
governing instruments from being uniformly applied to all structures
subject to the covenants, conditions, and restrictions or other
management documents.
   This section shall apply to covenants, conditions, and
restrictions or other management documents adopted on and after the
effective date of this section.

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