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CIVIL CODE
SECTION 4700-4745

Protected Uses


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. Nothing in this article is intended to
affect the application of any other provision that limits the
authority of an association to regulate the use of a member's
separate interest, including, but not limited to, the following
provisions:
   (a) Sections 712 and 713, relating to the display of signs.
   (b) Sections 714 and 714.1, relating to solar energy systems.
   (c) Section 714.5, relating to structures that are constructed
offsite and moved to the property in sections or modules.
   (d) Sections 782, 782.5, and 6150 of this code and Section 12956.1
of the Government Code, relating to racial restrictions.
   (e) Section 12927 of the Government Code, relating to the
modification of property to accommodate a disability.
   (f) Section 1597.40 of the Health and Safety Code, relating to the
operation of a family day care home.



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, the display of the flag of the
United States by a member on or in the member's separate interest or
within the member's exclusive use common area.
   (b) For purposes of this section, "display of the flag of the
United States" means a flag of the United States made of fabric,
cloth, or paper displayed from a staff or pole or in a window, and
does not mean a depiction or emblem of the flag of the United States
made of lights, paint, roofing, siding, paving materials, flora, or
balloons, or any other similar building, landscaping, or decorative
component.
   (c) In any action to enforce this section, the prevailing party
shall be awarded reasonable attorney's fees and costs.



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, except as required for the
protection of public health or safety or if the posting or display
would violate a local, state, or federal law.
   (b) For purposes of this section, a noncommercial sign, poster,
flag, or banner may be made of paper, cardboard, cloth, plastic, or
fabric, and may be posted or displayed from the yard, window, door,
balcony, or outside wall of the separate interest, but may not be
made of lights, roofing, siding, paving materials, flora, or
balloons, or any other similar building, landscaping, or decorative
component, or include the painting of architectural surfaces.
   (c) An association may prohibit noncommercial signs and posters
that are more than nine square feet in size and noncommercial flags
or banners that are more than 15 square feet in size.



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 interest development, subject to
reasonable rules and regulations of the association. This section may
not be construed to affect any other rights provided by law to an
owner of a separate interest to keep a pet within the development.
   (b) For purposes of this section, "pet" means any domesticated
bird, cat, dog, aquatic animal kept within an aquarium, or other
animal as agreed to between the association and the homeowner.
   (c) If the association implements a rule or regulation restricting
the number of pets an owner may keep, the new rule or regulation
shall not apply to prohibit an owner from continuing to keep any pet
that the owner currently keeps in the owner's separate interest if
the pet otherwise conforms with the previous rules or regulations
relating to pets.
   (d) For the purposes of this section, "governing documents" shall
include, but are not limited to, the conditions, covenants, and
restrictions of the common interest development, and the bylaws,
rules, and regulations of the association.
   (e) This section shall become operative on January 1, 2001, and
shall only apply to governing documents entered into, amended, or
otherwise modified on or after that date.



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) Governing documents of a common interest development located
within a very high fire severity zone, as designated by the Director
of Forestry and Fire Protection pursuant to Article 9 (commencing
with Section 4201) of Chapter 1 of Part 2 of Division 4 of the Public
Resources Code or by a local agency pursuant to Chapter 6.8
(commencing with Section 51175) of Part 1 of Division 1 of Title 5 of
the Government Code, shall allow for at least one type of fire
retardant roof covering material that meets the requirements of
Section 13132.7 of the Health and Safety Code.



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 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 a member 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.



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 development is void.
   (b) No association may adopt, enforce, or otherwise impose any
governing document that does either of the following:
   (1) Imposes an assessment or fee in connection with the marketing
of an owner's interest in an amount that exceeds the association's
actual or direct costs. That assessment or fee shall be deemed to
violate the limitation set forth in subdivision (b) of Section 5600.
   (2) Establishes an exclusive relationship with a real estate
broker through which the sale or marketing of interests in the
development is required to occur. The limitation set forth in this
paragraph does not apply to the sale or marketing of separate
interests owned by the association or to the sale or marketing of
common area by the association.
   (c) For purposes of this section, "market" and "marketing" mean
listing, advertising, or obtaining or providing access to show the
owner's interest in the development.
   (d) This section does not apply to rules or regulations made
pursuant to Section 712 or 713 regarding real estate signs.



4735.  (a) Notwithstanding any other law, a provision of the
governing documents shall be void and unenforceable if it does any of
the following:
   (1) Prohibits, or includes conditions that have the effect of
prohibiting, the use of low water-using plants as a group.
   (2) Has the effect of prohibiting or restricting compliance with
either of the following:
   (A) A water-efficient landscape ordinance adopted or in effect
pursuant to subdivision (c) of Section 65595 of the Government Code.
   (B) Any regulation or restriction on the use of water adopted
pursuant to Section 353 or 375 of the Water Code.
   (b) This section shall not prohibit an association from applying
landscaping rules established in the governing documents, to the
extent the rules fully conform with the requirements of subdivision
(a).



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 document that prohibits the
rental or leasing of any of the separate interests in that common
interest development to a renter, lessee, or tenant unless that
governing document, or amendment thereto, was effective prior to the
date the owner acquired title to his or her separate interest.
   (b) Notwithstanding the provisions of this section, an owner of a
separate interest in a common interest development may expressly
consent to be subject to a governing document or an amendment to a
governing document that prohibits the rental or leasing of any of the
separate interests in the common interest development to a renter,
lessee, or tenant.
   (c) For purposes of this section, the right to rent or lease the
separate interest of an owner shall not be deemed to have terminated
if the transfer by the owner of all or part of the separate interest
meets at least one of the following conditions:
   (1) Pursuant to Section 62 or 480.3 of the Revenue and Taxation
Code, the transfer is exempt, for purposes of reassessment by the
county tax assessor.
   (2) Pursuant to subdivision (b) of, solely with respect to probate
transfers, or subdivision (e), (f), or (g) of, Section 1102.2, the
transfer is exempt from the requirements to prepare and deliver a
Real Estate Transfer Disclosure Statement, as set forth in Section
1102.6.
   (d) Prior to renting or leasing his or her separate interest as
provided by this section, an owner shall provide the association
verification of the date the owner acquired title to the separate
interest and the name and contact information of the prospective
tenant or lessee or the prospective tenant's or lessee's
representative.
   (e) Nothing in this section shall be deemed to revise, alter, or
otherwise affect the voting process by which a common interest
development adopts or amends its governing documents.
   (f) This section shall apply only to a provision in a governing
document or a provision in an amendment to a governing document that
becomes effective on or after January 1, 2012.



4745.  (a) Any covenant, restriction, or condition contained in any
deed, contract, security instrument, or other instrument affecting
the transfer or sale of any interest in a common interest
development, and any provision of a governing document, as defined in
Section 4150, that either effectively prohibits or unreasonably
restricts the installation or use of an electric vehicle charging
station in an owner's designated parking space, including, but not
limited to, a deeded parking space, a parking space in an owner's
exclusive use common area, or a parking space that is specifically
designated for use by a particular owner, or is in conflict with the
provisions of this section is void and unenforceable.
   (b) (1) This section does not apply to provisions that impose
reasonable restrictions on electric vehicle charging stations.
However, it is the policy of the state to promote, encourage, and
remove obstacles to the use of electric vehicle charging stations.
   (2) For purposes of this section, "reasonable restrictions" are
restrictions that do not significantly increase the cost of the
station or significantly decrease its efficiency or specified
performance.
   (c) An electric vehicle charging station shall meet applicable
health and safety standards and requirements imposed by state and
local authorities, and all other applicable zoning, land use, or
other ordinances, or land use permits.
   (d) For purposes of this section, "electric vehicle charging
station" means a station that is designed in compliance with the
California Building Standards Code and delivers electricity from a
source outside an electric vehicle into one or more electric
vehicles. An electric vehicle charging station may include several
charge points simultaneously connecting several electric vehicles to
the station and any related equipment needed to facilitate charging
plug-in electric vehicles.
   (e) If approval is required for the installation or use of an
electric vehicle charging station, the application for approval shall
be processed and approved by the association in the same manner as
an application for approval of an architectural modification to the
property, and shall not be willfully avoided or delayed. The approval
or denial of an application shall be in writing. 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) If the electric vehicle charging station is to be placed in a
common area or an exclusive use common area, as designated in the
common interest development's declaration, the following provisions
apply:
   (1) The owner first shall obtain approval from the association to
install the electric vehicle charging station and the association
shall approve the installation if the owner agrees in writing to do
all of the following:
   (A) Comply with the association's architectural standards for the
installation of the charging station.
   (B) Engage a licensed contractor to install the charging station.
   (C) Within 14 days of approval, provide a certificate of insurance
that names the association as an additional insured under the owner'
s insurance policy in the amount set forth in paragraph (3).
   (D) Pay for the electricity usage associated with the charging
station.
   (2) The owner and each successive owner of the charging station
shall be responsible for all of the following:
   (A) Costs for damage to the charging station, common area,
exclusive use common area, or separate interests resulting from the
installation, maintenance, repair, removal, or replacement of the
charging station.
   (B) Costs for the maintenance, repair, and replacement of the
charging station until it has been removed and for the restoration of
the common area after removal.
   (C) The cost of electricity associated with the charging station.
   (D) Disclosing to prospective buyers the existence of any charging
station of the owner and the related responsibilities of the owner
under this section.
   (3) The owner and each successive owner of the charging station,
at all times, shall maintain a homeowner liability coverage policy in
the amount of one million dollars ($1,000,000) and shall name the
association as a named additional insured under the policy with a
right to notice of cancellation.
   (4) A homeowner shall not be required to maintain a homeowner
liability coverage policy for an existing National Electrical
Manufacturers Association standard alternating current power plug.
   (g) Except as provided in subdivision (h), installation of an
electric vehicle charging station for the exclusive use of an owner
in a common area, that is not an exclusive use common area, shall be
authorized by the association only if installation in the owner's
designated parking space is impossible or unreasonably expensive. In
such cases, the association shall enter into a license agreement with
the owner for the use of the space in a common area, and the owner
shall comply with all of the requirements in subdivision (f).
   (h) The association or owners may install an electric vehicle
charging station in the common area for the use of all members of the
association and, in that case, the association shall develop
appropriate terms of use for the charging station.
   (i) An association may create a new parking space where one did
not previously exist to facilitate the installation of an electric
vehicle charging station.
   (j) An association that willfully violates this section shall be
liable to the applicant or other party for actual damages, and shall
pay a civil penalty to the applicant or other party in an amount not
to exceed one thousand dollars ($1,000).
   (k) In any action to enforce compliance with this section, the
prevailing plaintiff shall be awarded reasonable attorney's fees.


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