California law · Davis-Stirling Common Interest Development Act

Cal. Civ. Code § 5975

5975

Covered in 1 owner guide

What this section does for you

Makes recorded covenants enforceable as equitable servitudes, with that enforcement subject to a reasonableness standard.
Owner guide: Selective enforcement in California

The statutory text

Verbatim from the public record. The law itself is a government work — always confirm the current version on the official source before you rely on it.

5975. (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. (c) In an action to enforce the governing documents, the prevailing party shall be awarded reasonable attorney’s fees and costs.