§5975

Enforcing Governing Documents

Chapter 10 · Dispute Resolution and Enforcement · Civil Action

Text current as of 2026-07-07 · Last amended by AB 805, eff. 2014-01-01

The code says CIV §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.

(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.

Coley v. Eskaton 51 Cal. App. 5th 943 · 2020 Conflicted directors lose business-judgment-rule protection and face personal liability.
central to this opinion — cited 2×
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)
Villa De Las Palmas Homeowners Ass'n v. Terifaj 33 Cal. 4th 73 · 2004 Recorded CC&R amendments bind all owners, including existing ones.
decided before the current text (eff. 2014-01-01, AB 805)
Villa Milano Homeowners Ass'n v. Il Davorge 84 Cal. App. 4th 819 · 2000 Developers can’t bury binding arbitration for construction defects in CC&Rs.
decided before the current text (eff. 2014-01-01, AB 805)
Nahrstedt v. Lakeside Village Condominium Assn. 8 Cal.4th 361 · 1994 Recorded CC&R restrictions are presumed valid and enforceable.
Construes the ‘enforceable equitable servitudes, unless unreasonable’ clause (then §1354(a)): recorded declaration restrictions are presumed reasonable, the challenger bears the burden, and unreasonableness is measured by the restriction’s effect on the development as a whole.
decided before the current text (eff. 2014-01-01, AB 805)
Laguna Royale Owners Assn. v. Darger 119 Cal. App. 3d 670 · 1981 Association power over transfers must be exercised reasonably, not arbitrarily.
Cites former §1355 of the 1963 Condominium Act (later §1354(a), now this section), under which restrictions are ‘enforceable equitable servitudes where reasonable’, as existing law supporting its rule that an association must exercise transfer-approval power reasonably, never arbitrarily.
decided before the current text (eff. 2014-01-01, AB 805)
Ridley v. Rancho Palma Grande Homeowners Assn. 2025 Bad faith and unreasonable investigation forfeit board deference.
central to this opinion — cited 2×
Colyear v. Rolling Hills Community Assn. of Rancho Palos Verdes 100 Cal. App. 5th 110 · 2024 A covenant binds a parcel only if recorded against that parcel.
central to this opinion — cited 13×
Artus v. Gramercy Towers Condominium Assn. 76 Cal.App.5th 1043 · 2022 Records and election procedures are enforced strictly, with fee exposure.
central to this opinion — cited 4×
Almanor Lakeside Villas Owners Ass'n. v. Carson 246 Cal. App. 4th 761 · 2016 Prevailing-party status turns on litigation objectives, not net dollars.
central to this opinion — cited 13×
Nellie Gail Ranch Owners Ass'n v. McMullin 4 Cal. App. 5th 982 · 2016 Willful encroachment on common area gets removal, not an equitable easement.
central to this opinion — cited 1×
Rancho Mirage Country Club Homeowners Ass'n v. Hazelbaker 2 Cal. App. 5th 252 · 2016 Mandatory HOA fee-shifting reaches suits enforcing ADR settlement agreements.
central to this opinion — cited 14×
Tract 19051 Homeowners Assn. v. Kemp 60 Cal. 4th 1135 · 2015 Prevailing-party fees apply even when the development is not a CID.
central to this opinion — cited 4×
Market Lofts Community Ass'n v. 9th Street Market Lofts, LLC 222 Cal. App. 4th 924 · 2014 An association may sue on its own behalf and for its members.
Grossman v. Park Fort Washington Ass'n 212 Cal. App. 4th 1128 · 2012 Prevailing parties recover attorney fees for pre-litigation mediation.
decided before the current text (eff. 2014-01-01, AB 805)
Salehi v. Surfside III Condominium Owners Ass'n 200 Cal. App. 4th 1146 · 2011 A plaintiff’s voluntary dismissal can make the association the prevailing party.
decided before the current text (eff. 2014-01-01, AB 805)
Sui v. Price 196 Cal. App. 4th 933 · 2011 Association operating rules must be reasonable, like CC&Rs.
Relies on former Civ. Code §1354, the predecessor of this section: CC&Rs are enforceable unless unreasonable, and the court holds association operating rules must meet the same Nahrstedt reasonableness test.
decided before the current text (eff. 2014-01-01, AB 805)
Tesoro Del Valle Master Homeowners Ass'n v. Griffin 200 Cal. App. 4th 619 · 2011 An association may impose reasonable, aesthetic-based restrictions on solar installations.
decided before the current text (eff. 2014-01-01, AB 805)
Affan v. Portofino Cove Homeowners Assn. 189 Cal. App. 4th 930 · 2010 Judicial deference protects maintenance decisions, not board inaction.
decided before the current text (eff. 2014-01-01, AB 805)
CHAPALA MANAGEMENT CORP. v. Stanton 186 Cal. App. 4th 1532 · 2010 Prevailing-party fee awards under the Act are stayed on appeal without a bond.
decided before the current text (eff. 2014-01-01, AB 805)
Martin v. Bridgeport Community Assn., Inc. 173 Cal. App. 4th 1024 · 2009 Only owners can enforce CC&Rs; non-owner residents lack standing.
decided before the current text (eff. 2014-01-01, AB 805)
Ritter & Ritter, Inc. Pension & Profit Plan v. the Churchill Condominium Assn. 166 Cal. App. 4th 103 · 2008 Lamden deference shields directors, not the association itself.
decided before the current text (eff. 2014-01-01, AB 805)
Treo @ Kettner Homeowners Ass'n v. Superior Court 166 Cal. App. 4th 1055 · 2008 Developer-written CC&R provisions cannot waive the constitutional jury-trial right.
decided before the current text (eff. 2014-01-01, AB 805)
Haley v. Casa Del Rey Homeowners Ass'n 153 Cal. App. 4th 863 · 2007 Courts defer to a board’s choice of how to enforce CC&Rs.
decided before the current text (eff. 2014-01-01, AB 805)
Cebular v. COOPER ARMS HOMEOWNERS ASS'N 142 Cal. App. 4th 106 · 2006 Assessments proportioned to voting power are not wholly arbitrary.
decided before the current text (eff. 2014-01-01, AB 805)
Chee v. Amanda Goldt Property Management 143 Cal. App. 4th 1360 · 2006 CC&Rs do not make owners liable for their tenants' pets.
decided before the current text (eff. 2014-01-01, AB 805)
Colony Hill v. Ghamaty 143 Cal. App. 4th 1156 · 2006 Single-family use restrictions bar serial room rentals to unrelated tenants.
decided before the current text (eff. 2014-01-01, AB 805)
Farber v. BAY VIEW TERRACE HOMEOWNERS ASS'N 141 Cal. App. 4th 1007 · 2006 Former owners lack standing to enforce CC&Rs after selling.
decided before the current text (eff. 2014-01-01, AB 805)
Arias v. KATELLA TOWNHOUSE HOMEOWNERS ASS'N 127 Cal. App. 4th 847 · 2005 An association’s voluntary payments count toward the recovery its settlement offer must beat.
decided before the current text (eff. 2014-01-01, AB 805)
Rancho Santa Fe Ass'n v. Dolan-King 115 Cal. App. 4th 28 · 2004 Associations may reasonably define undefined CC&R terms without amending them.
decided before the current text (eff. 2014-01-01, AB 805)
Salawy v. Ocean Towers Housing Corp. 121 Cal. App. 4th 664 · 2004 Governing-document fee awards require a suit that actually enforces those documents.
decided before the current text (eff. 2014-01-01, AB 805)
Parrott v. MOORING TOWNHOMES ASSN., INC. 112 Cal. App. 4th 873 · 2003 A homeowner’s voluntary dismissal does not defeat statutory HOA attorney fees.
decided before the current text (eff. 2014-01-01, AB 805)
Kaplan v. Fairway Oaks Homeowners Ass'n 98 Cal. App. 4th 715 · 2002 Election challenges enforcing the bylaws carry prevailing-party attorney fees.
decided before the current text (eff. 2014-01-01, AB 805)
Dolan-King v. Rancho Santa Fe Assn. 81 Cal. App. 4th 965 · 2000 Courts defer to good-faith architectural review under recorded covenants.
decided before the current text (eff. 2014-01-01, AB 805)
Blue Lagoon Community Assn. v. Mitchell 55 Cal. App. 4th 472 · 1997 Objectors who defeat a vote-reduction petition get no attorney fees.
decided before the current text (eff. 2014-01-01, AB 805)
MOUNT OLYMPUS PROPERTY OWNERS ASS'N INC. v. Shpirt 59 Cal. App. 4th 885 · 1997 The Act’s attorney-fee provision applies only to true common interest developments.
decided before the current text (eff. 2014-01-01, AB 805)
Cutujian v. Benedict Hills Estates Assn. 41 Cal. App. 4th 1379 · 1996 A demand for performance, not the underlying damage, starts the CC&R limitations clock.
decided before the current text (eff. 2014-01-01, AB 805)
Liebler v. Point Loma Tennis Club 40 Cal. App. 4th 1600 · 1995 Rules may bar nonresident owners from common recreational facilities.
decided before the current text (eff. 2014-01-01, AB 805)
Heather Farms Homeowners Assn. v. Robinson 21 Cal. App. 4th 1568 · 1994 Courts decide the prevailing party for CC&R fees pragmatically.
decided before the current text (eff. 2014-01-01, AB 805)
Duffey v. Superior Court 3 Cal. App. 4th 425 · 1992 An association can sue over CC&R meaning without naming objecting neighbors.
decided before the current text (eff. 2014-01-01, AB 805)
Major v. Miraverde Homeowners Assn. 7 Cal. App. 4th 618 · 1992 Association rules cannot exceed the authority granted by the CC&Rs.
decided before the current text (eff. 2014-01-01, AB 805)
Posey v. Leavitt 229 Cal. App. 3d 1236 · 1991 Any owner may sue directly to enforce the CC&Rs.
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)
Ritchey v. Villa Nueva Condominium Assn. 81 Cal. App. 3d 688 · 1978 Reasonable amendments bind every owner, even those who voted no.
Applies former §1355 of the 1963 Condominium Act (predecessor of this section via 1985 §1354), under which restrictions are ‘enforceable equitable servitudes where reasonable’ that bind all owners: an adults-only occupancy restriction is not per se unreasonable and, on these facts, could be enforced against the owner.
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.
cited 12×
Smart Corner Owners Assn. v. CJUF Smart Corner LLC 64 Cal. App. 5th 439 · 2021 Developer-drafted pre-suit member-vote requirements can’t block construction-defect claims.
cited 4×
Ruffier v. Volcano Hills Road Maintenance Assn. 2026 A board cannot raise regular assessments without member approval or budget compliance.
mentioned in passing
Aldea Dos Vientos v. CalAtlantic Group, Inc. 44 Cal. App. 5th 1073 · 2020 A developer cannot use a member-vote precondition to block defect claims.
mentioned in passing
Artus v. Gramercy Towers Condo. Ass'n 19 Cal. App. 5th 923 · 2018 Winning a preliminary injunction doesn’t make you the prevailing party for fees.
mentioned in passing
Golden Eagle Land Inv., L.P. v. Rancho Santa Fe Ass'n 19 Cal. App. 5th 399 · 2018 Anti-SLAPP shields HOA board communications on land-use matters of public concern.
mentioned in passing
Retzloff v. Moulton Parkway Residents' Ass'n 14 Cal. App. 5th 742 · 2017 A prevailing association recovers costs, not attorney fees, in records suits.
mentioned in passing
Palm Springs Villas II Homeowners Ass'n v. Parth 248 Cal. App. 4th 268 · 2016 The business judgment rule protects only directors who stay reasonably informed.
mentioned in passing

Decided under the former numbering

Lamden v. La Jolla Shores Clubdominium Homeowners Ass'n 21 Cal.4th 249 · 1999 · as former §1354 Courts defer to good-faith board maintenance decisions.
decided before the current text (eff. 2014-01-01, AB 805)
Lewow v. Surfside III Condominium Owners Ass'n., Inc. 203 Cal. App. 4th 128 · 2012 · as former §1354 Bankruptcy stays do not toll attorney-fee motion deadlines.
decided before the current text (eff. 2014-01-01, AB 805)
Fourth La Costa Condominium Owners Ass'n v. Seith 159 Cal.App.4th 563 · 2008 · as former §1354 Courts can lower the CC&R amendment threshold after a failed good-faith vote.
decided before the current text (eff. 2014-01-01, AB 805)
Harvey v. the Landing Homeowners Assn. 162 Cal. App. 4th 809 · 2008 · as former §1354 Judicial deference extends beyond maintenance to discretionary board decisions under the CC&Rs.
decided before the current text (eff. 2014-01-01, AB 805)
Peak Investments v. South Peak Homeowners Ass'n 140 Cal. App. 4th 1363 · 2006 · as former §1354 A court may cut a CC&R supermajority only after a true majority of all owners approves.
decided before the current text (eff. 2014-01-01, AB 805)
Ward v. Superior Court of L.A. Cty. 55 Cal. App. 4th 60 · 1997 · as former §1354 An HOA cannot record a notice of noncompliance to coerce CC&R compliance.
decided before the current text (eff. 2014-01-01, AB 805)
Lake Arrowhead Chalets Timeshare Owners Ass'n v. Lake Arrowhead Chalets Owners Ass'n 51 Cal. App. 4th 1403 · 1996 · as former §1354 Amendments harming a class of members need that class’s separate approval.
decided before the current text (eff. 2014-01-01, AB 805)
Franklin v. Marie Antoinette Condominium Owners Ass'n 19 Cal. App. 4th 824 · 1993 · as former §1354 CC&R exculpatory clauses can bar damage claims against a nonnegligent association.
decided before the current text (eff. 2014-01-01, AB 805)

Official text · leginfo ↗