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 4760-4765

Modification of Seperate Interest

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 member's separate interest that does not impair the structural
integrity or mechanical systems or lessen the support of any portions
of the common interest development.
   (2) Modify the member's separate interest, at the member's
expense, to facilitate access for persons who are blind, visually
handicapped, deaf, or physically disabled, or to alter conditions
which could be hazardous to these persons. These modifications may
also include modifications of the route from the public way to the
door of the separate interest for the purposes of this paragraph if
the separate interest is on the ground floor or already accessible by
an existing ramp or elevator. The right granted by this paragraph is
subject to the following conditions:
   (A) The modifications shall be consistent with applicable building
code requirements.
   (B) The modifications shall be consistent with the intent of
otherwise applicable provisions of the governing documents pertaining
to safety or aesthetics.
   (C) Modifications external to the dwelling shall not prevent
reasonable passage by other residents, and shall be removed by the
member when the separate interest is no longer occupied by persons
requiring those modifications who are blind, visually handicapped,
deaf, or physically disabled.
   (D) Any member who intends to modify a separate interest pursuant
to this paragraph shall submit plans and specifications to the
association for review to determine whether the modifications will
comply with the provisions of this paragraph. The association shall
not deny approval of the proposed modifications under this paragraph
without good cause.
   (b) Any change in the exterior appearance of a separate interest
shall be in accordance with the governing documents and applicable
provisions of law.



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 or to the common area. In reviewing
and approving or disapproving a proposed change, the association
shall satisfy the following requirements:
   (1) The association shall provide a fair, reasonable, and
expeditious procedure for making its decision. The procedure shall be
included in the association's governing documents. The procedure
shall provide for prompt deadlines. The procedure shall state the
maximum time for response to an application or a request for
reconsideration by the board.
   (2) A decision on a proposed change shall be made in good faith
and may not be unreasonable, arbitrary, or capricious.
   (3) Notwithstanding a contrary provision of the governing
documents, a decision on a proposed change may not violate any
governing provision of law, including, but not limited to, the Fair
Employment and Housing Act (Part 2.8 (commencing with Section 12900)
of Division 3 of Title 2 of the Government Code), or a building code
or other applicable law governing land use or public safety.
   (4) A decision on a proposed change shall be in writing. If a
proposed change is disapproved, the written decision shall include
both an explanation of why the proposed change is disapproved and a
description of the procedure for reconsideration of the decision by
the board.
   (5) If a proposed change is disapproved, the applicant is entitled
to reconsideration by the board, at an open meeting of the board.
This paragraph does not require reconsideration of a decision that is
made by the board or a body that has the same membership as the
board, at a meeting that satisfies the requirements of Article 2
(commencing with Section 4900) of Chapter 6. Reconsideration by the
board does not constitute dispute resolution within the meaning of
Section 5905.
   (b) Nothing in this section authorizes a physical change to the
common area in a manner that is inconsistent with an association's
governing documents, unless the change is required by law.
   (c) An association shall annually provide its members with notice
of any requirements for association approval of physical changes to
property. The notice shall describe the types of changes that require
association approval and shall include a copy of the procedure used
to review and approve or disapprove a proposed change.


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