Civil Code Rules & Governing Documents
Liberal Construction and Severability
Chapter 3 · Governing Documents · General Provisions
Text current as of 2026-07-07 · Last amended by AB 805, eff. 2014-01-01
The code says CIV §4215
Any deed, declaration, or condominium plan for a common interest development shall be liberally construed to facilitate the operation of the common interest development, and its provisions shall be presumed to be independent and severable. Nothing in Article 3 (commencing with Section 715) of Chapter 2 of Title 2 of Part 1 of Division 2 shall operate to invalidate any provisions of the governing documents.
(Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
How courts have read this
Editorial summaries — not the court’s words.
Decided under the former numbering
- Franklin v. Marie Antoinette Condominium Owners Ass'n 19 Cal. App. 4th 824 · 1993 · as former §1370 CC&R exculpatory clauses can bar damage claims against a nonnegligent association.
- Posey v. Leavitt 229 Cal. App. 3d 1236 · 1991 · as former §1370 Any owner may sue directly to enforce the CC&Rs.
Every decision listed was decided before the current text (eff. 2014-01-01, AB 805).