CHAPTER 5. Property Use and Maintenance [4700. - 4790.]

Chapter 5 added by Stats. 2012, Ch. 180, Sec. 2.

§§ 4700–4790 · 29 sections

1. ARTICLE 1. Protected Uses §§ 4700–4753 · 21 sections

   • § 4700 This article includes provisions that limit the authority of an association or the governing documents to regulate the use of a member’s separate interest.…
   • § 4705 (a) Except as required for the protection of the public health or safety, no governing document shall limit or prohibit, or be construed to limit or prohibit,…
   • § 4706 (a) Except as restricted in Section 1940.5, no governing document shall limit or prohibit the display of one or more religious items on the entry door or entry…
   • § 4710 (a) The governing documents may not prohibit posting or displaying of noncommercial signs, posters, flags, or banners on or in a member’s separate interest,…
   • § 4715 (a) No governing documents shall prohibit the owner of a separate interest within a common interest development from keeping at least one pet within the common…
   • § 4720 (a) No association 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)…
   • § 4725 (a) Any covenant, condition, or restriction contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of, or any…
   • § 4730 (a) Any provision of a governing document that arbitrarily or unreasonably restricts an owner’s ability to market the owner’s interest in a common interest…
   • § 4735 (a) Notwithstanding any other law, a provision of the governing documents or architectural or landscaping guidelines or policies shall be void and…
   • § 4736 (a) A provision of the governing documents shall be void and unenforceable if it requires pressure washing the exterior of a separate interest and any…
   • § 4739 (a) Notwithstanding Section 4740, an owner of a separate interest in a common interest development shall not be subject to a provision in a governing document,…
   • § 4740 (a) An owner of a separate interest in a common interest development shall not be subject to a provision in a governing document or an amendment to a governing…
   • § 4741 (a) An owner of a separate interest in a common interest development shall not be subject to a provision in a governing document or an amendment to a governing…
   • § 4745 (a) Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any…
   • § 4745.1 (a) Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any…
   • § 4746 (a) When reviewing a request to install a solar energy system on a multifamily common area roof shared by more than one homeowner pursuant to Sections 714 and…
   • § 4747 (a) Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any…
   • § 4750 (a) For the purposes of this section, “personal agriculture” has the same definition as in Section 1940.10. (b) Any provision of a governing document, as…
   • § 4751 (a) Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any…
   • § 4752 (a) Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument, and any provision of a governing…
   • § 4753 (a) For the purposes of this section, “clothesline” includes a cord, rope, or wire from which laundered items may be hung to dry or air. A balcony, railing,…
2. ARTICLE 2. Modification of Separate Interest §§ 4760–4766 · 3 sections

   • § 4760 (a) Subject to the governing documents and applicable law, a member may do the following: (1) Make any improvement or alteration within the boundaries of the…
   • § 4765 (a) This section applies if the governing documents require association approval before a member may make a physical change to the member’s separate interest…
   • § 4766 (a) Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument, and any provision of a governing…
3. ARTICLE 3. Maintenance §§ 4775–4790 · 5 sections

   • § 4775 (a) (1) Except as provided in paragraph (4), unless otherwise provided in the declaration of a common interest development, the association is responsible for…
   • § 4777 (a) For the purposes of this section: (1) “Adjacent separate interest” means a separate interest that is directly beside, above, or below a particular separate…
   • § 4780 (a) In a community apartment project, condominium project, or stock cooperative, unless otherwise provided in the declaration, the association is responsible…
   • § 4785 (a) The association may cause the temporary, summary removal of any occupant of a common interest development for such periods and at such times as may be…
   • § 4790 Notwithstanding the provisions of the declaration, a member is entitled to reasonable access to the common area for the purpose of maintaining the internal and…