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CIVIL CODE
CREATING COMMON INTEREST DEVELOPMENT
SECTION 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.
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