reglab/housing_qa huggingface dataset:
CA Civ Code § 4730 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 5 - Common Interest Developments|CHAPTER 5 - Property Use and Maintenance|ARTICLE 1 - Protected Uses|Section 4730.

4730.  (a) Any provision of a governing document that arbitrarily or unreasonably restricts an owner’s ability to market the owner’s interest in a common interest development is void.(b) No association may adopt, enforce, or otherwise impose any governing document that does either of the following:(1) Imposes an assessment or fee in connection with the marketing of an owner’s interest in an amount that exceeds the association’s actual or direct costs. That assessment or fee shall be deemed to violate the limitation set forth in subdivision (b) of Section 5600.(2) Establishes an exclusive relationship with a real estate broker through which the sale or marketing of interests in the development is required to occur. The limitation set forth in this paragraph does not apply to the sale or marketing of separate interests owned by the association or to the sale or marketing of common area by the association.(c) For purposes of this section, “market” and “marketing” mean listing, advertising, or obtaining or providing access to show the owner’s interest in the development.(d) This section does not apply to rules or regulations made pursuant to Section 712 or 713 regarding real estate signs. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
CA Civ Code § 4735 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 5 - Common Interest Developments|CHAPTER 5 - Property Use and Maintenance|ARTICLE 1 - Protected Uses|Section 4735.

4735.  (a) Notwithstanding any other law, a provision of the governing documents or architectural or landscaping guidelines or policies shall be void and unenforceable if it does any of the following:(1) Prohibits, or includes conditions that have the effect of prohibiting, the use of low water-using plants as a group or as a replacement of existing turf.(2) Prohibits, or includes conditions that have the effect of prohibiting, the use of artificial turf or any other synthetic surface that resembles grass.(3) Has the effect of prohibiting or restricting compliance with either of the following:(A) A water-efficient landscape ordinance adopted or in effect pursuant to subdivision (c) of Section 65595 of the Government Code.(B) Any regulation or restriction on the use of water adopted pursuant to Section 353 or 375 of the Water Code.(b) This section shall not prohibit an association from applying landscaping rules established in the governing documents, to the extent the rules fully conform with subdivision (a).(c) Notwithstanding any other provision of this part, except as provided in subdivision (d), an association shall not impose a fine or assessment against an owner of a separate interest for reducing or eliminating the watering of vegetation or lawns during any period for which either of the following have occurred:(1) The Governor has declared a state of emergency due to drought pursuant to subdivision (b) of Section 8558 of the Government Code.(2) A local government has declared a local emergency due to drought pursuant to subdivision (c) of Section 8558 of the Government Code.(d) Subdivision (c) shall not apply to an owner of a separate interest that, prior to the imposition of a fine or assessment described in subdivision (c), receives recycled water, as defined in Section 13050 of the Water Code, from a retail water supplier, as defined in Section 13575 of the Water Code, and fails to use that recycled water for landscaping irrigation.(e) An owner of a separate interest upon which water-efficient landscaping measures have been installed in response to a declaration of a state of emergency described in subdivision (c) shall not be required to reverse or remove the water-efficient landscaping measures upon the conclusion of the state of emergency. (Amended by Stats. 2015, Ch. 780, Sec. 2.5. (AB 786) Effective October 11, 2015.)
CA Civ Code § 4736 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 5 - Common Interest Developments|CHAPTER 5 - Property Use and Maintenance|ARTICLE 1 - Protected Uses|Section 4736.

4736.  (a) A provision of the governing documents shall be void and unenforceable if it requires pressure washing the exterior of a separate interest and any exclusive use common area appurtenant to the separate interest during a state or local government declared drought emergency.(b) For purposes of this section, “pressure washing” means the use of a high-pressure sprayer or hose and potable water to remove loose paint, mold, grime, dust, mud, and dirt from surfaces and objects, including buildings, vehicles, and concrete surfaces.(Added by Stats. 2014, Ch. 434, Sec. 2. (SB 992) Effective September 18, 2014.)
CA Civ Code § 4740 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 5 - Common Interest Developments|CHAPTER 5 - Property Use and Maintenance|ARTICLE 1 - Protected Uses|Section 4740.

4740.  (a) An owner of a separate interest in a common interest development shall not be subject to a provision in a governing document or an amendment to a governing document that prohibits the rental or leasing of any of the separate interests in that common interest development to a renter, lessee, or tenant unless that governing document, or amendment thereto, was effective prior to the date the owner acquired title to their separate interest.(b) For purposes of this section, the right to rent or lease the separate interest of an owner shall not be deemed to have terminated if the transfer by the owner of all or part of the separate interest meets at least one of the following conditions:(1) Pursuant to Section 62 or 480.3 of the Revenue and Taxation Code, the transfer is exempt, for purposes of reassessment by the county tax assessor.(2) Pursuant to subdivision (b) of, solely with respect to probate transfers, or subdivision (e), (f), or (g) of, Section 1102.2, the transfer is exempt from the requirements to prepare and deliver a Real Estate Transfer Disclosure Statement, as set forth in Section 1102.6.(c) Prior to renting or leasing their separate interest as provided by this section, an owner shall provide the association verification of the date the owner acquired title to the separate interest and the name and contact information of the prospective tenant or lessee or the prospective tenant’s or lessee’s representative.(d) Nothing in this section shall be deemed to revise, alter, or otherwise affect the voting process by which a common interest development adopts or amends its governing documents.(Amended by Stats. 2020, Ch. 198, Sec. 1. (AB 3182) Effective January 1, 2021.)
CA Civ Code § 4746 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 5 - Common Interest Developments|CHAPTER 5 - Property Use and Maintenance|ARTICLE 1 - Protected Uses|Section 4746.

4746.  (a) When reviewing a request to install a solar energy system on a multifamily common area roof shared by more than one homeowner pursuant to Sections 714 and 714.1, an association shall require both of the following:(1) An applicant to notify each owner of a unit in the building on which the installation will be located of the application to install a solar energy system.(2) The owner and each successive owner to maintain a homeowner liability coverage policy at all times and provide the association with the corresponding certificate of insurance within 14 days of approval of the application and annually thereafter.(b) When reviewing a request to install a solar energy system on a multifamily common area roof shared by more than one homeowner pursuant to Sections 714 and 714.1, an association may impose additional reasonable provisions that:(1) (A) Require the applicant to submit a solar site survey showing the placement of the solar energy system prepared by a licensed contractor or the contractor’s registered salesperson knowledgeable in the installation of solar energy systems to determine usable solar roof area. This survey or the costs to determine useable space shall not be deemed as part of the cost of the system as used in Section 714.(B) The solar site survey shall also include a determination of an equitable allocation of the usable solar roof area among all owners sharing the same roof, garage, or carport.(2) Require the owner and each successive owner of the solar energy system to be responsible for all of the following:(A) Costs for damage to the common area, exclusive use common area, or separate interests resulting from the installation, maintenance, repair, removal, or replacement of the solar energy system.(B) Costs for the maintenance, repair, and replacement of solar energy system until it has been removed and for the restoration of the common area, exclusive use common area, or separate interests after removal.(C) Disclosing to prospective buyers the existence of any solar energy system of the owner and the related responsibilities of the owner under this section.(c) For purposes of this section:(1) “Association” has the same meaning as defined in Section 4080 or 6528.(2) “Common area” has the same meaning as defined in Section 4095 or 6532.(3) “Separate interest” has the same meaning as defined in Section 4185 or 6564.(d) This section imposes additional requirements for any proposed installation of a solar energy system on a multifamily common area roof shared by more than one homeowner.(e) This section does not diminish the authority of an association to impose reasonable provisions pursuant to Section 714.1.(Added by Stats. 2017, Ch. 818, Sec. 3. (AB 634) Effective January 1, 2018.)
CA Civ Code § 4747 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 5 - Common Interest Developments|CHAPTER 5 - Property Use and Maintenance|ARTICLE 1 - Protected Uses|Section 4747.

4747.  (a) 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, is void and unenforceable if it effectively prohibits or unreasonably restricts an eligible housing development project from using the floor area ratio standards authorized under Section 65913.11 of the Government Code.(b) This section does not apply to provisions that impose reasonable restrictions on an eligible housing development that do not make the implementation of the floor area standards authorized in Section 65913.11 of the Government Code infeasible.(c) For purposes of this section:(1) “Eligible housing development project” means a housing development project that meets the requirements of subdivision (b) of Section 65913.11 of the Government Code.(2) “Reasonable restrictions” means restrictions that do not unreasonably increase the cost to construct, effectively prohibit the construction of, or extinguish the ability to otherwise construct an eligible housing development project using the floor area ratio standards in a manner authorized by Section 65913.11 of the Government Code.(d) The Legislature finds and declares that the provision of adequate housing, in light of the severe shortage of housing at all income levels in this state, is a matter of statewide concern and that this section serves a significant and legitimate public purpose by eliminating potential restrictions that could inhibit the production of adequate housing.(Added by Stats. 2021, Ch. 363, Sec. 1. (SB 478) Effective January 1, 2022.)
CA Civ Code § 4750 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 5 - Common Interest Developments|CHAPTER 5 - Property Use and Maintenance|ARTICLE 1 - Protected Uses|Section 4750.

4750.  (a) For the purposes of this section, “personal agriculture” has the same definition as in Section 1940.10.(b) Any provision of a governing document, as defined in Section 4150, shall be void and unenforceable if it effectively prohibits or unreasonably restricts the use of a homeowner’s backyard for personal agriculture.(c) (1) This section does not apply to provisions that impose reasonable restrictions on the use of a homeowner’s yard for personal agriculture.(2) For purposes of this section, “reasonable restrictions” are restrictions that do not significantly increase the cost of engaging in personal agriculture or significantly decrease its efficiency.(d) This section applies only to yards that are designated for the exclusive use of the homeowner.(e) This section shall not prohibit a homeowners’ association from applying rules and regulations requiring that dead plant material and weeds, with the exception of straw, mulch, compost, and other organic materials intended to encourage vegetation and retention of moisture in the soil, are regularly cleared from the backyard.(Added by Stats. 2014, Ch. 584, Sec. 3. (AB 2561) Effective January 1, 2015.)
CA Civ Code § 4751 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 5 - Common Interest Developments|CHAPTER 5 - Property Use and Maintenance|ARTICLE 1 - Protected Uses|Section 4751.

4751.  (a) 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.(b) This section does not apply to provisions that impose reasonable restrictions on accessory dwelling units or junior accessory dwelling units. For purposes of this subdivision, “reasonable restrictions” means restrictions that do not unreasonably increase the cost to construct, effectively prohibit the construction of, or extinguish the ability to otherwise construct, an accessory dwelling unit or junior accessory dwelling unit consistent with the provisions of Section 65852.2 or 65852.22 of the Government Code.(Added by Stats. 2019, Ch. 178, Sec. 2. (AB 670) Effective January 1, 2020.)
CA Civ Code § 4753 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 5 - Common Interest Developments|CHAPTER 5 - Property Use and Maintenance|ARTICLE 1 - Protected Uses|Section 4753.

4753.  (a) For the purposes of this section, “clothesline” includes a cord, rope, or wire from which laundered items may be hung to dry or air. A balcony, railing, awning, or other part of a structure or building shall not qualify as a clothesline.(b) For the purposes of this section, “drying rack” means an apparatus from which laundered items may be hung to dry or air. A balcony, railing, awning, or other part of a structure or building shall not qualify as a drying rack.(c) Any provision of a governing document, as defined in Section 4150, shall be void and unenforceable if it effectively prohibits or unreasonably restricts an owner’s ability to use a clothesline or drying rack in the owner’s backyard.(d) (1) This section does not apply to provisions that impose reasonable restrictions on an owner’s backyard for the use of a clothesline or drying rack.(2) For purposes of this section, “reasonable restrictions” are restrictions that do not significantly increase the cost of using a clothesline or drying rack.(3) This section applies only to backyards that are designated for the exclusive use of the owner.(e) Nothing in this section shall prohibit an association from establishing and enforcing reasonable rules governing clotheslines or drying racks.(Added by renumbering Section 4750.10 by Stats. 2016, Ch. 714, Sec. 7. (SB 944) Effective January 1, 2017.)
CA Civ Code § 4760 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 5 - Common Interest Developments|CHAPTER 5 - Property Use and Maintenance|ARTICLE 2 - Modification of Separate Interest|Section 4760.

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. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
CA Civ Code § 4765 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 5 - Common Interest Developments|CHAPTER 5 - Property Use and Maintenance|ARTICLE 2 - Modification of Separate Interest|Section 4765.

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. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
CA Civ Code § 4775 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 5 - Common Interest Developments|CHAPTER 5 - Property Use and Maintenance|ARTICLE 3 - Maintenance|Section 4775.

4775.  (a) (1) Except as provided in paragraph (3), unless otherwise provided in the declaration of a common interest development, the association is responsible for repairing, replacing, and maintaining the common area.(2) Unless otherwise provided in the declaration of a common interest development, the owner of each separate interest is responsible for repairing, replacing, and maintaining that separate interest.(3) Unless otherwise provided in the declaration of a common interest development, the owner of each separate interest is responsible for maintaining the exclusive use common area appurtenant to that separate interest and the association is responsible for repairing and replacing the exclusive use common area.(b) The costs of temporary relocation during the repair and maintenance of the areas within the responsibility of the association shall be borne by the owner of the separate interest affected.(c) This section shall become operative on January 1, 2017.(Repealed (in Sec. 1) and added by Stats. 2014, Ch. 405, Sec. 2. (AB 968) Effective January 1, 2015. Section operative January 1, 2017, by its own provisions.)
CA Civ Code § 4780 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 5 - Common Interest Developments|CHAPTER 5 - Property Use and Maintenance|ARTICLE 3 - Maintenance|Section 4780.

4780.  (a) In a community apartment project, condominium project, or stock cooperative, unless otherwise provided in the declaration, the association is responsible for the repair and maintenance of the common area occasioned by the presence of wood-destroying pests or organisms.(b) In a planned development, unless a different maintenance scheme is provided in the declaration, each owner of a separate interest is responsible for the repair and maintenance of that separate interest as may be occasioned by the presence of wood-destroying pests or organisms. Upon approval of the majority of all members of the association, pursuant to Section 4065, that responsibility may be delegated to the association, which shall be entitled to recover the cost thereof as a special assessment. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)