California Senate Bill SB383 Introduced / Bill

 BILL NUMBER: SB 383INTRODUCED 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.