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§4751 - Accessory Dwelling Units

  1. 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 planned development, and any provision of a governing document, that either effectively prohibits or unreasonably restricts the construction or use of an accessory dwelling unit or junior accessory dwelling unit on a lot zoned for single-family residential use that meets the requirements of Section 65852.2 or 65852.22 of the Government Code, is void and unenforceable.

Court Cases on Developer Drafted CC&Rs and Binding Arbitration

California has a growing body of law where courts have refused to enforce provisions in developer-drafted CC&Rs that deny homeowners and homeowners associations the right to have their disputes with developers heard in court. This article provides guidance for HOA board members who may not be aware of the impact of these two critical cases

Every HOA Must Adopt Election Rules - Following the Civil Code Isn't Enough

California HOA boards who fail to adopt elections rules are in violation of the law - even when they follow the procedures outlined in California's Civil Code. This article explains why, identifies the risks, and recommends a solution.

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