

Information contained on this webpage has been obtained from sources believed to be reliable.
However, Berding & Weil LLP does not guarantee the accuracy or completeness of any information published herein and shall not be responsible for any errors, omissions, or damages arising out of the use of this information.
This webpage is published with the understanding that Berding & Weil LLP is supplying information but is not attempting to render professional services. If such services are required, the assistance of an appropriate professional should be sought.
(a) No declaration or other governing document shall include a restrictive covenant in violation of Section 12955 of the Government Code.
(b) Notwithstanding any other provision of law or provision of the governing documents, the board of directors of an association, without approval of the owners, shall amend any declaration or other governing document that includes a restrictive covenant prohibited by this section to delete the restrictive covenant, and shall restate the declaration or other governing document without the restrictive covenant but with no other change to the declaration or governing document.
(c) If after providing written notice to an association requesting that the association delete a restrictive covenant that violates subdivision (a), and the association fails to delete the restrictive covenant within 30 days of receiving the notice, the Department of Fair Employment and Housing, a city or county in which a common interest development is located, or any person may bring an action against the association for injunctive relief to enforce subdivision (a). The court may award attorney's fees to the prevailing party.