Current Status: Chaptered

FindHOALaw Quick Summary:

Existing law provides that an owner of a separate interest in a common interest development shall not be subject to a provision in a governing document or an amendment to a governing document that prohibits the rental or leasing of any separate interest in that common interest development to renter, lessee, or tenant unless that governing document, or amendment thereto, was effective before the date the owner acquired title to the owner’s separate interest. Existing law makes these provisions applicable only to a provision in a governing document or a provision in an amendment to a governing document that became effective on or after January 1, 2012.

This bill would amend Civil Code Section 4740 to instead make void and unenforceable any governing document that purports to prohibit the rental or leasing of any of the separate interests in a common interest development. The bill would also provide that an owner of a separate interest in a common interest development is not subject to a provision in a governing document or an amendment to a governing document that effectively prohibits or unreasonably restricts the rental or leasing of any of the separate interests in that common interest development to a renter, lessee, or tenant.

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