Civil Code Rules & Governing Documents
Required Contents of the Declaration
Chapter 3 · Governing Documents · Declaration
Text current as of 2026-07-07 · Last amended by AB 805, eff. 2014-01-01
The code says CIV §4250
(a) A declaration, recorded on or after January 1, 1986, shall contain a legal description of the common interest development, and a statement that the common interest development is a community apartment project, condominium project, planned development, stock cooperative, or combination thereof. The declaration shall additionally set forth the name of the association and the restrictions on the use or enjoyment of any portion of the common interest development
that are intended to be enforceable equitable servitudes.
(b) The declaration may contain any other matters the declarant or the members consider appropriate.
(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.
- Pinnacle Museum Tower Ass'n v. Pinnacle Market Development (US), LLC 55 Cal. 4th 223 · 2012 Developer-drafted arbitration covenants in recorded CC&Rs bind the association.
decided before the current text (eff. 2014-01-01, AB 805)
- Golden Rain Foundation v. Franz 163 Cal. App. 4th 1141 · 2008 A nonprofit formed to manage a common interest development is an association.
decided before the current text (eff. 2014-01-01, AB 805)
- Bernardo Villas Management Corp. v. Black 190 Cal. App. 3d 153 · 1987 Use restrictions unreasonable as applied to the facts are unenforceable.
decided before the current text (eff. 2014-01-01, AB 805)
- LNSU 1, LLC v. Alta Del Mar Coastal Collection Community Assn. 94 Cal. App. 5th 1050 · 2023 Pre-meeting director emails are not Open Meeting Act board meetings.
mentioned in passing
- Brown v. Montage at Mission Hills, Inc. 68 Cal. App. 5th 124 · 2021 A short-term rental ban cannot bind owners who predate it.
mentioned in passing