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CIVIL CODE
SECTION 5975-5985

Civil Action

5975.  (a) The covenants and restrictions in the declaration shall
be enforceable equitable servitudes, unless unreasonable, and shall
inure to the benefit of and bind all owners of separate interests in
the development. Unless the declaration states otherwise, these
servitudes may be enforced by any owner of a separate interest or by
the association, or by both.
   (b) A governing document other than the declaration may be
enforced by the association against an owner of a separate interest
or by an owner of a separate interest against the association.
   (c) In an action to enforce the governing documents, the
prevailing party shall be awarded reasonable attorney's fees and
costs.


5980.  An association has standing to institute, defend, settle, or
intervene in litigation, arbitration, mediation, or administrative
proceedings in its own name as the real party in interest and without
joining with it the members, in matters pertaining to the following:
   (a) Enforcement of the governing documents.
   (b) Damage to the common area.
   (c) Damage to a separate interest that the association is
obligated to maintain or repair.
   (d) Damage to a separate interest that arises out of, or is
integrally related to, damage to the common area or a separate
interest that the association is obligated to maintain or repair.




5985.  (a) In an action maintained by an association pursuant to
subdivision (b), (c), or (d) of Section 5980, the amount of damages
recovered by the association shall be reduced by the amount of
damages allocated to the association or its managing agents in direct
proportion to their percentage of fault based upon principles of
comparative fault. The comparative fault of the association or its
managing agents may be raised by way of defense, but shall not be the
basis for a cross-action or separate action against the association
or its managing agents for contribution or implied indemnity, where
the only damage was sustained by the association or its members. It
is the intent of the Legislature in enacting this subdivision to
require that comparative fault be pleaded as an affirmative defense,
rather than a separate cause of action, where the only damage was
sustained by the association or its members.
   (b) In an action involving damages described in subdivision (b),
(c), or (d) of Section 5980, the defendant or cross-defendant may
allege and prove the comparative fault of the association or its
managing agents as a setoff to the liability of the defendant or
cross-defendant even if the association is not a party to the
litigation or is no longer a party whether by reason of settlement,
dismissal, or otherwise.
   (c) Subdivisions (a) and (b) apply to actions commenced on or
after January 1, 1993.
   (d) Nothing in this section affects a person's liability under
Section 1431, or the liability of the association or its managing
agent for an act or omission that causes damages to another.


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