Section § 6700

Explanation

This law prevents homeowner associations from excessively controlling what you do with your own property, like putting up signs or installing solar panels. It also emphasizes that other rules about these topics, including restrictions on moving pre-built homes onto your land and preventing racial discrimination, are still valid and must be followed.

This article includes provisions that limit the authority of an association or the governing documents to regulate the use of a member’s separate interest. Nothing in this article is intended to affect the application of any other provision that limits the authority of an association to regulate the use of a member’s separate interest, including, but not limited to, the following provisions:
(a)CA Civil Law Code § 6700(a) Sections 712 and 713, relating to the display of signs.
(b)CA Civil Law Code § 6700(b) Sections 714 and 714.1, relating to solar energy systems.
(c)CA Civil Law Code § 6700(c) Section 714.5, relating to structures that are constructed offsite and moved to the property in sections or modules.
(d)CA Civil Law Code § 6700(d) Sections 782, 782.5, and 6150 of this code and Section 12956.1 of the Government Code, relating to racial restrictions.

Section § 6702

Explanation

This law ensures that homeowners or tenants can't be stopped from flying the U.S. flag in their own spaces or exclusive use areas, unless it's necessary for health or safety reasons. The flag must be made of regular materials like fabric, cloth, or paper and can be hung on a pole or in a window. It does not include flags depicted through things like lights or paint. If there's a legal dispute over this right, the winning side will get their legal fees covered.

(a)CA Civil Law Code § 6702(a) Except as required for the protection of the public health or safety, no governing document shall limit or prohibit, or be construed to limit or prohibit, the display of the flag of the United States by a member on or in the member’s separate interest or within the member’s exclusive use common area.
(b)CA Civil Law Code § 6702(b) For purposes of this section, “display of the flag of the United States” means a flag of the United States made of fabric, cloth, or paper displayed from a staff or pole or in a window, and does not mean a depiction or emblem of the flag of the United States made of lights, paint, roofing, siding, paving materials, flora, or balloons, or any other similar building, landscaping, or decorative component.
(c)CA Civil Law Code § 6702(c) In any action to enforce this section, the prevailing party shall be awarded reasonable attorney’s fees and costs.

Section § 6704

Explanation

This law states that homeowners associations cannot stop residents from putting up noncommercial signs, posters, flags, or banners in their own spaces, unless there's a health or safety issue, or the display breaks any laws. These signs can be made from materials like paper or fabric and can be placed in areas like the yard or balcony. However, they can't be made of lights or landscaping items and can't include painting surfaces. Associations can set limits on the size of these items - signs and posters must be under nine square feet, and flags or banners must be under 15 square feet.

(a)CA Civil Law Code § 6704(a) The governing documents may not prohibit posting or displaying of noncommercial signs, posters, flags, or banners on or in a member’s separate interest, except as required for the protection of public health or safety or if the posting or display would violate a local, state, or federal law.
(b)CA Civil Law Code § 6704(b) For purposes of this section, a noncommercial sign, poster, flag, or banner may be made of paper, cardboard, cloth, plastic, or fabric, and may be posted or displayed from the yard, window, door, balcony, or outside wall of the separate interest, but may not be made of lights, roofing, siding, paving materials, flora, or balloons, or any other similar building, landscaping, or decorative component, or include the painting of architectural surfaces.
(c)CA Civil Law Code § 6704(c) An association may prohibit noncommercial signs and posters that are more than nine square feet in size and noncommercial flags or banners that are more than 15 square feet in size.

Section § 6706

Explanation

This law says that even though there's another rule (Section 4202), Section 4715 is specific to people who had pets in a certain type of housing community before January 1, 2014. This means owners in these communities can keep their pets under this older rule, regardless of changes.

Notwithstanding Section 4202, Section 4715 applies to an owner of a separate interest in a common interest development who kept a pet in that common interest development before January 1, 2014.

Section § 6708

Explanation

This California law says that if there's a rule in a community that bans or limits putting up regular-sized video or TV antennas, like satellite dishes, it's not valid if those antennas are 36 inches or smaller and not seen from the street. However, if you live in a community, they can have fair rules about these antennas as long as they don't make it much more expensive or less effective to set them up. These rules can include telling the community before you install, needing approval if you're putting it on someone else's property, and keeping the roof maintained. If you're putting one up, you might need to cover any damages. Also, if you need permission, the application must be handled like any other property change and decided quickly. If someone has to go to court over this and wins, they can get their attorney's fees paid.

(a)CA Civil Law Code § 6708(a) Any covenant, condition, or restriction contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of, or any interest in, a common interest development that effectively prohibits or restricts the installation or use of a video or television antenna, including a satellite dish, or that effectively prohibits or restricts the attachment of that antenna to a structure within that development where the antenna is not visible from any street or common area, except as otherwise prohibited or restricted by law, is void and unenforceable as to its application to the installation or use of a video or television antenna that has a diameter or diagonal measurement of 36 inches or less.
(b)CA Civil Law Code § 6708(b) This section shall not apply to any covenant, condition, or restriction, as described in subdivision (a), that imposes reasonable restrictions on the installation or use of a video or television antenna, including a satellite dish, that has a diameter or diagonal measurement of 36 inches or less. For purposes of this section, “reasonable restrictions” means those restrictions that do not significantly increase the cost of the video or television antenna system, including all related equipment, or significantly decrease its efficiency or performance and include all of the following:
(1)CA Civil Law Code § 6708(b)(1) Requirements for application and notice to the association prior to the installation.
(2)CA Civil Law Code § 6708(b)(2) Requirement of a member to obtain the approval of the association for the installation of a video or television antenna that has a diameter or diagonal measurement of 36 inches or less on a separate interest owned by another.
(3)CA Civil Law Code § 6708(b)(3) Provision for the maintenance, repair, or replacement of roofs or other building components.
(4)CA Civil Law Code § 6708(b)(4) Requirements for installers of a video or television antenna to indemnify or reimburse the association or its members for loss or damage caused by the installation, maintenance, or use of a video or television antenna that has a diameter or diagonal measurement of 36 inches or less.
(c)CA Civil Law Code § 6708(c) Whenever approval is required for the installation or use of a video or television antenna, including a satellite dish, the application for approval shall be processed by the appropriate approving entity for the common interest development in the same manner as an application for approval of an architectural modification to the property, and the issuance of a decision on the application shall not be willfully delayed.
(d)CA Civil Law Code § 6708(d) In any action to enforce compliance with this section, the prevailing party shall be awarded reasonable attorney’s fees.

Section § 6710

Explanation

This law ensures that homeowners in a community can't be unfairly limited in selling their property. Any rules that stop owners from marketing their homes without good reason can't be enforced. The homeowner associations can't charge fees for selling property unless they're based on actual costs, nor can they force owners to use a specific real estate broker unless it involves the association's own property. Marketing means listing, advertising, or showing the property. The law does not change anything about rules for real estate signs.

(a)CA Civil Law Code § 6710(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)CA Civil Law Code § 6710(b) No association may adopt, enforce, or otherwise impose any governing document that does either of the following:
(1)CA Civil Law Code § 6710(b)(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.
(2)CA Civil Law Code § 6710(b)(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)CA Civil Law Code § 6710(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)CA Civil Law Code § 6710(d) This section does not apply to rules or regulations made pursuant to Section 712 or 713 regarding real estate signs.

Section § 6712

Explanation

This law states that any part of a community's governing rules that stops people from using drought-tolerant plants, or interferes with water-saving laws and regulations, won't be valid. However, communities can still apply landscaping rules if they align with water efficiency and conservation laws.

(a)CA Civil Law Code § 6712(a)  Notwithstanding any other law, a provision of the governing documents shall be void and unenforceable if it does any of the following:
(1)CA Civil Law Code § 6712(a)(1) Prohibits, or includes conditions that have the effect of prohibiting, the use of low water-using plants as a group.
(2)CA Civil Law Code § 6712(a)(2) Has the effect of prohibiting or restricting compliance with either of the following:
(A)CA Civil Law Code § 6712(a)(2)(A) A water-efficient landscape ordinance adopted or in effect pursuant to subdivision (c) of Section 65595 of the Government Code.
(B)CA Civil Law Code § 6712(a)(2)(B) Any regulation or restriction on the use of water adopted pursuant to Section 353 or 375 of the Water Code.
(b)CA Civil Law Code § 6712(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 the requirements of subdivision (a).

Section § 6713

Explanation

This law ensures that homeowners in shared communities (like condos) can't have rules that unfairly stop them from installing electric vehicle (EV) charging stations in their parking spaces. While some reasonable restrictions are okay, they shouldn't increase costs or lower efficiency. Charging stations must meet all safety and zoning laws. Applications for installing these stations must be processed like any home improvement and can't be unnecessarily delayed. Owners must follow specific guidelines, such as using a licensed contractor and having insurance. If the station is in a common area, certain agreements with the association are required. Violating these rules can lead to penalties and legal consequences.

(a)CA Civil Law Code § 6713(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 common interest development, and any provision of a governing document, as defined in Section 6552, that either effectively prohibits or unreasonably restricts the installation or use of an electric vehicle charging station in an owner’s designated parking space, including, but not limited to, a deeded parking space, a parking space in an owner’s exclusive use common area, or a parking space that is specifically designated for use by a particular owner, or is in conflict with the provisions of this section is void and unenforceable.
(b)Copy CA Civil Law Code § 6713(b)
(1)Copy CA Civil Law Code § 6713(b)(1) This section does not apply to provisions that impose reasonable restrictions on electric vehicle charging stations. However, it is the policy of the state to promote, encourage, and remove obstacles to the use of electric vehicle charging stations.
(2)CA Civil Law Code § 6713(b)(2) For purposes of this section, “reasonable restrictions” are restrictions that do not significantly increase the cost of the station or significantly decrease its efficiency or specified performance.
(c)CA Civil Law Code § 6713(c) An electric vehicle charging station shall meet applicable health and safety standards and requirements imposed by state and local authorities, and all other applicable zoning, land use or other ordinances, or land use permits.
(d)CA Civil Law Code § 6713(d) For purposes of this section, “electric vehicle charging station” means a station that is designed in compliance with the California Building Standards Code and delivers electricity from a source outside an electric vehicle into one or more electric vehicles. An electric vehicle charging station may include several charge points simultaneously connecting several electric vehicles to the station and any related equipment needed to facilitate charging plug-in electric vehicles.
(e)CA Civil Law Code § 6713(e) If approval is required for the installation or use of an electric vehicle charging station, the application for approval shall be processed and approved by the association in the same manner as an application for approval of an architectural modification to the property, and shall not be willfully avoided or delayed. The approval or denial of an application shall be in writing. If an application is not denied in writing within 60 days from the date of receipt of the application, the application shall be deemed approved, unless that delay is the result of a reasonable request for additional information.
(f)CA Civil Law Code § 6713(f) If the electric vehicle charging station is to be placed in a common area or an exclusive use common area, as designated in the common interest development’s declaration, the following provisions apply:
(1)CA Civil Law Code § 6713(f)(1) The owner first shall obtain approval from the association to install the electric vehicle charging station and the association shall approve the installation if the owner agrees in writing to do all of the following:
(A)CA Civil Law Code § 6713(f)(1)(A) Comply with the association’s architectural standards for the installation of the charging station.
(B)CA Civil Law Code § 6713(f)(1)(B) Engage a licensed contractor to install the charging station.
(C)CA Civil Law Code § 6713(f)(1)(C) Within 14 days of approval, provide a certificate of insurance that names the association as an additional insured under the owner’s insurance policy in the amount set forth in paragraph (3).
(D)CA Civil Law Code § 6713(f)(1)(D) Pay for the electricity usage associated with the charging station.
(2)CA Civil Law Code § 6713(f)(2) The owner and each successive owner of the charging station shall be responsible for all of the following:
(A)CA Civil Law Code § 6713(f)(2)(A) Costs for damage to the charging station, common area, exclusive use common area, or separate interests resulting from the installation, maintenance, repair, removal, or replacement of the charging station.
(B)CA Civil Law Code § 6713(f)(2)(B) Costs for the maintenance, repair, and replacement of the charging station until it has been removed and for the restoration of the common area after removal.
(C)CA Civil Law Code § 6713(f)(2)(C) The cost of electricity associated with the charging station.
(D)CA Civil Law Code § 6713(f)(2)(D) Disclosing to prospective buyers the existence of any charging station of the owner and the related responsibilities of the owner under this section.
(3)CA Civil Law Code § 6713(f)(3) The owner and each successive owner of the charging station, at all times, shall maintain a liability coverage policy in the amount of one million dollars ($1,000,000), and shall name the association as a named additional insured under the policy with a right to notice of cancellation.
(4)CA Civil Law Code § 6713(f)(4) An owner shall not be required to maintain a liability coverage policy for an existing National Electrical Manufacturers Association standard alternating current power plug.
(g)CA Civil Law Code § 6713(g) Except as provided in subdivision (h), installation of an electric vehicle charging station for the exclusive use of an owner in a common area, that is not an exclusive use common area, shall be authorized by the association only if installation in the owner’s designated parking space is impossible or unreasonably expensive. In such cases, the association shall enter into a license agreement with the owner for the use of the space in a common area, and the owner shall comply with all of the requirements in subdivision (f).
(h)CA Civil Law Code § 6713(h) The association or owners may install an electric vehicle charging station in the common area for the use of all members of the association and, in that case, the association shall develop appropriate terms of use for the charging station.
(i)CA Civil Law Code § 6713(i) An association may create a new parking space where one did not previously exist to facilitate the installation of an electric vehicle charging station.
(j)CA Civil Law Code § 6713(j) An association that willfully violates this section shall be liable to the applicant or other party for actual damages, and shall pay a civil penalty to the applicant or other party in an amount not to exceed one thousand dollars ($1,000).
(k)CA Civil Law Code § 6713(k) In any action to enforce compliance with this section, the prevailing plaintiff shall be awarded reasonable attorney’s fees.