CIVIL CODE
SECTION 4205-4235
General Provisions
4205. (a) To the extent of any conflict between the governing
documents and the law, the law shall prevail.
(b) To the extent of any conflict between the articles of
incorporation and the declaration, the declaration shall prevail.
(c) To the extent of any conflict between the bylaws and the
articles of incorporation or declaration, the articles of
incorporation or declaration shall prevail.
(d) To the extent of any conflict between the operating rules and
the bylaws, articles of incorporation, or declaration, the bylaws,
articles of incorporation, or declaration shall prevail.
4210. In order to facilitate the collection of regular assessments,
special assessments, transfer fees as authorized by Sections 4530,
4575, and 4580, and similar charges, the board is authorized to
record a statement or amended statement identifying relevant
information for the association. This statement may include any or
all of the following information:
(a) The name of the association as shown in the declaration or the
current name of the association, if different.
(b) The name and address of a managing agent or treasurer of the
association or other individual or entity authorized to receive
assessments and fees imposed by the association.
(c) A daytime telephone number of the authorized party identified
in subdivision (b) if a telephone number is available.
(d) A list of separate interests subject to assessment by the
association, showing the assessor's parcel number or legal
description, or both, of the separate interests.
(e) The recording information identifying the declaration
governing the association.
(f) If an amended statement is being recorded, the recording
information identifying the prior statement or statements which the
amendment is superseding.
4215. Any deed, declaration, or condominium plan for a common
interest development shall be liberally construed to facilitate the
operation of the common interest development, and its provisions
shall be presumed to be independent and severable. Nothing in Article
3 (commencing with Section 715) of Chapter 2 of Title 2 of Part 1 of
Division 2 shall operate to invalidate any provisions of the
governing documents.
4220. In interpreting deeds and condominium plans, the existing
physical boundaries of a unit in a condominium project, when the
boundaries of the unit are contained within a building, or of a unit
reconstructed in substantial accordance with the original plans
thereof, shall be conclusively presumed to be its boundaries rather
than the metes and bounds expressed in the deed or condominium plan,
if any exists, regardless of settling or lateral movement of the
building and regardless of minor variance between boundaries shown on
the plan or in the deed and those of the building.
4225. (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, without approval of the members,
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 the declaration is amended under this section, the board
shall record the restated declaration in each county in which the
common interest development is located. If the articles of
incorporation are amended under this section, the board shall file a
certificate of amendment with the Secretary of State pursuant to
Section 7814 of the Corporations Code.
(d) If after providing written notice to an association, pursuant
to Section 4035, 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.
4230. (a) Notwithstanding any provision of the governing documents
to the contrary, the board may, after the developer has completed
construction of the development, has terminated construction
activities, and has terminated marketing activities for the sale,
lease, or other disposition of separate interests within the
development, adopt an amendment deleting from any of the governing
documents any provision which is unequivocally designed and intended,
or which by its nature can only have been designed or intended, to
facilitate the developer in completing the construction or marketing
of the development. However, provisions of the governing documents
relative to a particular construction or marketing phase of the
development may not be deleted under the authorization of this
subdivision until that construction or marketing phase has been
completed.
(b) The provisions which may be deleted by action of the board
shall be limited to those which provide for access by the developer
over or across the common area for the purposes of (1) completion of
construction of the development, and (2) the erection, construction,
or maintenance of structures or other facilities designed to
facilitate the completion of construction or marketing of separate
interests.
(c) At least 30 days prior to taking action pursuant to
subdivision (a), the board shall deliver to all members, by
individual delivery, pursuant to Section 4040, (1) a copy of all
amendments to the governing documents proposed to be adopted under
subdivision (a), and (2) a notice of the time, date, and place the
board will consider adoption of the amendments. The board may
consider adoption of amendments to the governing documents pursuant
to subdivision (a) only at a meeting that is open to all members, who
shall be given opportunity to make comments thereon. All
deliberations of the board on any action proposed under subdivision
(a) shall only be conducted in an open meeting.
(d) The board may not amend the governing documents pursuant to
this section without the approval of a majority of a quorum of the
members, pursuant to Section 4070. For the purposes of this section,
"quorum" means more than 50 percent of the members who own no more
than two separate interests in the development.
4235. (a) Notwithstanding any other provision of law or provision
of the governing documents, if the governing documents include a
reference to a provision of the Davis-Stirling Common Interest
Development Act that was repealed and continued in a new provision by
the act that added this section, the board may amend the governing
documents, solely to correct the cross-reference, by adopting a board
resolution that shows the correction. Member approval is not
required in order to adopt a resolution pursuant to this section.
(b) A declaration that is corrected under this section may be
restated in corrected form and recorded, provided that a copy of the
board resolution authorizing the corrections is recorded along with
the restated declaration.