Civil Actions - Dispute Resolution And Enforcement - Civil Law - CA

Section § 6856

This law explains that the rules and agreements outlined in the declaration of a property development are like promises that everyone living there is expected to follow, as long as they are not unreasonable. These agreements apply to all property owners and can be enforced by any owner or by the community association. Other governing documents, aside from the declaration, can also be enforced by the association against property owners or by property owners against the association.

(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.

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Section § 6858

This law allows an association, like a homeowners' association, to participate in legal actions on its own without needing to involve individual members. The association can take legal action for things like enforcing community rules, addressing damage to shared areas, or fixing damage to individual properties they are responsible for maintaining.

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.

(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.

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Section § 6860

This law explains that if an association sues for damages, the amount they can recover will be reduced by their own share of the fault. The association or its managers can't be sued separately for this fault, it can only be used as a defense to reduce their recovery. Additionally, defendants can argue that the association is partly at fault to lessen their own liability, even if the association isn't part of the lawsuit anymore. This law applies to cases started after January 1, 1993. It doesn't change other liabilities stated in Section 1431 or affect responsibilities for causing damage to others.

(a) In an action maintained by an association pursuant to subdivision (b), (c), or (d) of Section 6858, 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 6858, 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.

(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.

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