California Homeowners Association
California HOA About Us Our Services Contact Us Recent News & Events
Small Association Modified Management HOA Election Services Preferred Vendors Financial Services Consulting Services HOA Corporation Organization & Administration
Click here to read details about our memberships Click here to view informative CA HOA videos Click here to read our newsletter
Adjust Text Size Email Us Print this page

CIVIL CODE
SECTION 4600-4615

Restrictions on Transfer


4600.  (a) Unless the governing documents specify a different
percentage, the affirmative vote of members owning at least 67
percent of the separate interests in the common interest development
shall be required before the board may grant exclusive use of any
portion of the common area to a member.
   (b) Subdivision (a) does not apply to the following actions:
   (1) A reconveyance of all or any portion of that common area to
the subdivider to enable the continuation of development that is in
substantial conformance with a detailed plan of phased development
submitted to the Real Estate Commissioner with the application for a
public report.
   (2) Any grant of exclusive use that is in substantial conformance
with a detailed plan of phased development submitted to the Real
Estate Commissioner with the application for a public report or in
accordance with the governing documents approved by the Real Estate
Commissioner.
   (3) Any grant of exclusive use that is for any of the following
reasons:
   (A) To eliminate or correct engineering errors in documents
recorded with the county recorder or on file with a public agency or
utility company.
   (B) To eliminate or correct encroachments due to errors in
construction of any improvements.
   (C) To permit changes in the plan of development submitted to the
Real Estate Commissioner in circumstances where the changes are the
result of topography, obstruction, hardship, aesthetic
considerations, or environmental conditions.
   (D) To fulfill the requirement of a public agency.
   (E) To transfer the burden of management and maintenance of any
common area that is generally inaccessible and not of general use to
the membership at large of the association.
   (F) To accommodate a disability.
   (G) To assign a parking space, storage unit, or other amenity,
that is designated in the declaration for assignment, but is not
assigned by the declaration to a specific separate interest.
   (H) To install and use an electric vehicle charging station in an
owner's garage or a designated parking space that meets the
requirements of Section 4745, where the installation or use of the
charging station requires reasonable access through, or across, the
common area for utility lines or meters.
   (I) To install and use an electric vehicle charging station
through a license granted by an association under Section 4745.
   (J) To comply with governing law.
   (c) Any measure placed before the members requesting that the
board grant exclusive use of any portion of the common area shall
specify whether the association will receive any monetary
consideration for the grant and whether the association or the
transferee will be responsible for providing any insurance coverage
for exclusive use of the common area.



4605.  (a) A member of an association may bring a civil action for
declaratory or equitable relief for a violation of Section 4600 by
the association, including, but not limited to, injunctive relief,
restitution, or a combination thereof, within one year of the date
the cause of action accrues.
   (b) A member who prevails in a civil action to enforce the member'
s rights pursuant to Section 4600 shall be entitled to reasonable
attorney's fees and court costs, and the court may impose a civil
penalty of up to five hundred dollars ($500) for each violation,
except that each identical violation shall be subject to only one
penalty if the violation affects each member equally. A prevailing
association shall not recover any costs, unless the court finds the
action to be frivolous, unreasonable, or without foundation.



4610.  (a) Except as provided in this section, the common area in a
condominium project shall remain undivided, and there shall be no
judicial partition thereof. Nothing in this section shall be deemed
to prohibit partition of a cotenancy in a condominium.
   (b) The owner of a separate interest in a condominium project may
maintain a partition action as to the entire project as if the owners
of all of the separate interests in the project were tenants in
common in the entire project in the same proportion as their
interests in the common area. The court shall order partition under
this subdivision only by sale of the entire condominium project and
only upon a showing of one of the following:
   (1) More than three years before the filing of the action, the
condominium project was damaged or destroyed, so that a material part
was rendered unfit for its prior use, and the condominium project
has not been rebuilt or repaired substantially to its state prior to
the damage or destruction.
   (2) Three-fourths or more of the project is destroyed or
substantially damaged and owners of separate interests holding in the
aggregate more than a 50-percent interest in the common area oppose
repair or restoration of the project.
   (3) The project has been in existence more than 50 years, is
obsolete and uneconomic, and owners of separate interests holding in
the aggregate more than a 50-percent interest in the common area
oppose repair or restoration of the project.
   (4) Any conditions in the declaration for sale under the
circumstances described in this subdivision have been met.



4615.  (a) In a condominium project, no labor performed or services
or materials furnished with the consent of, or at the request of, an
owner in the condominium project or the owners' agent or contractor
shall be the basis for the filing of a lien against any other
property of any other owner in the condominium project unless that
other owner has expressly consented to or requested the performance
of the labor or furnishing of the materials or services. However,
express consent shall be deemed to have been given by the owner of
any condominium in the case of emergency repairs thereto.
   (b) Labor performed or services or materials furnished for the
common area, if duly authorized by the association, shall be deemed
to be performed or furnished with the express consent of each
condominium owner.
   (c) The owner of any condominium may remove that owner's
condominium from a lien against two or more condominiums or any part
thereof by payment to the holder of the lien of the fraction of the
total sum secured by the lien that is attributable to the owner's
condominium.

1452 W. 9th Street # 3  Upland, CA 91786

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Address: 2377 W. Foothill Blvd. Suite # 13 Upland, CA 91786