BILL NUMBER: SB 383	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Jackson

                        FEBRUARY 20, 2013

   An act to amend Section 1354 of the Civil Code, relating to common
interest developments.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 383, as introduced, Jackson. Common interest developments.
   Existing law provides that the covenants and restrictions in the
declaration of a common interest development are enforceable
equitable servitudes, unless unreasonable, that inure to the benefit
of and bind all owners of separate interests in the development.
Existing law authorizes the owner of a separate interest in a common
interest development to enforce a governing document against the
association, except as specified, and the association to enforce a
governing document against the owner of a separate interest, except
as specified.
    This bill would make a nonsubstantive change to that provision.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1354 of the Civil Code is amended to read:
   1354.  (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  states  , 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.