Governing Documents

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§4260 - Amendability of Declaration

Except to the extent that a declaration provides by its express terms that it is not amendable, in whole or in part, a declaration that fails to include provisions permitting its amendment at all times during its existence may be amended at any time.

§4255 - Airport Influence Areas

  1. If a common interest development is located within an airport influence area, a declaration, recorded after January 1, 2004, shall contain the following statement:

    "NOTICE OF AIRPORT IN VICINITY

§4250 - Contents of Declaration

  1. A declaration, recorded on or after January 1, 1986, shall contain a legal description of the common interest development, and a statement that the common interest development is a community apartment project, condominium project, planned development, stock cooperative, or combination thereof. The declaration shall additionally set forth the name of the association and the restrictions on the use or enjoyment of any portion of the common interest development that are intended to be enforceable equitable servitudes.

§4235 - Amendment of Outdated References

  1. 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governing documents include a reference to a provision of the Davis-Stirling Common Interest Development Act that was repealed and continued in a new provision by the act that added this section, the board may amend the governing documents, solely to correct the cross-reference, by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.

§4225 - Illegally Restrictive Documents

  1. No declaration or other governing document shall include a restrictive covenant in violation of Section 12955 of the Government Code.

§4215 - Liberal Interpretation of Documents

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.

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