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HomeCivil CodeDiv. 4Pt. 5Ch. 10Art. 4§ 5975 Enforcement Of Community Rules

§ 5975 Enforcement Of Community Rules

Civil Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 5975 Enforcement Of Community Rules

Key Takeaways

  • •Rules in the community's main document (like no loud parties) must be followed by everyone who lives there.
  • •If someone breaks the rules, any neighbor or the homeowners' group can make them stop.
  • •Other community rules (not in the main document) can also be enforced by the group or a neighbor.
  • •If you win a fight in court about these rules, the other side has to pay your lawyer fees.

Example

Your neighbor paints their house bright purple, but the community rules say houses must be white, beige, or gray.

You or the homeowners' group can make them repaint it. If you go to court and win, they have to pay your lawyer bills.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 5975 Enforcement Of Community Rules

(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.)

Last verified: January 21, 2026

Key Terms

covenants and restrictionsequitable servitudesgoverning documentsprevailing partyreasonable attorney’s fees and costs

Related Statutes

  • § 5980 Association Litigation Authority
  • § 5865 Board Penalty Authority Limits
  • § 5875 Emergency Enforcement Restrictions
  • § 5985 Association Comparative Fault Reduction
  • § 5986 Board Authority To Sue Developer

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Civil Code. Section 5975.
View Official Source