Villa Marbella Homeowners Association

CA Laws Important to Villa Marbella (2nd Page)

Last few Sections of Most Commonly Referred to parts of CA Code

1369. In a condominium project, no labor performed or services or
materials furnished with the consent of, or at the request of, an
owner in the condominium project or his or her agent or his or her
contractor shall be the basis for the filing of a lien against any
other property of any other owner in the condominium project unless
that other owner has expressly consented to or requested the
performance of the labor or furnishing of the materials or services.
However, express consent shall be deemed to have been given by the
owner of any condominium in the case of emergency repairs thereto.
Labor performed or services or materials furnished for the common
areas, if duly authorized by the association, shall be deemed to be
performed or furnished with the express consent of each condominium
owner. The owner of any condominium may remove his or her
condominium from a lien against two or more condominiums or any part
thereof by payment to the holder of the lien of the fraction of the
total sum secured by the lien which is attributable to his or her
condominium.

1370. Any deed, declaration, or condominium plan for a common
interest development shall be liberally construed to facilitate the
operation of the common interest development, and its provisions
shall be presumed to be independent and severable. Nothing in
Article 3 (commencing with Section 715) of Chapter 2 of Title 2 of
Part 1 of this division shall operate to invalidate any provisions of
the governing documents of a common interest development.

1371. In interpreting deeds and condominium plans, the existing
physical boundaries of a unit in a condominium project, when the
boundaries of the unit are contained within a building, or of a unit
reconstructed in substantial accordance with the original plans
thereof, shall be conclusively presumed to be its boundaries rather
than the metes and bounds expressed in the deed or condominium plan,
if any exists, regardless of settling or lateral movement of the
building and regardless of minor variance between boundaries shown on
the plan or in the deed and those of the building.

1372. Unless a contrary intent is clearly expressed, local zoning
ordinances shall be construed to treat like structures, lots,
parcels, areas, or spaces in like manner regardless of whether the
common interest development is a community apartment project,
condominium project, planned development, or stock cooperative.

1373. Sections not applicable to industrial developments (deleted-BD)

1374. Nothing in this applies if there is no common area (deleted-BD)

1375. Developer Construction Defect Lawsuits (deleted - BD)

1376. (a) Any covenant, condition, or restriction contained in any
deed, contract, security instrument, or other instrument affecting
the transfer or sale of, or any interest in, a common interest
development that effectively prohibits or restricts the installation
or use of a video or television antenna, including a satellite dish,
or that effectively prohibits or restricts the attachment of that
antenna to a structure within that development where the antenna is
not visible from any street or common area, except as otherwise
prohibited or restricted by law, is void and unenforceable as to its
application to the installation or use of a video or television
antenna that has a diameter or diagonal measurement of 36 inches or
less.
(b) This section shall not apply to any covenant, condition, or
restriction, as described in subdivision (a), that imposes reasonable
restrictions on the installation or use of a video or television
antenna, including a satellite dish, that has a diameter or diagonal
measurement of 36 inches or less. For purposes of this section,
"reasonable restrictions" means those restrictions that do not
significantly increase the cost of the video or television antenna
system, including all related equipment, or significantly decrease
its efficiency or performance and include all of the following:
(1) Requirements for application and notice to the association
prior to the installation.
(2) Requirement of the owner of a separate interest, as defined in
Section 1351, to obtain the approval of the association for the
installation of a video or television antenna that has a diameter or
diagonal measurement of 36 inches or less on a separate interest
owned by another.
(3) Provision for the maintenance, repair, or replacement of roofs
or other building components.
(4) Requirements for installers of a video or television antenna
to indemnify or reimburse the association or its members for loss or
damage caused by the installation, maintenance, or use of a video or
television antenna that has a diameter or diagonal measurement of 36
inches or less.
(c) Whenever approval is required for the installation or use of a
video or television antenna, including a satellite dish, the
application for approval shall be processed by the appropriate
approving entity for the common interest development in the same
manner as an application for approval of an architectural
modification to the property, and the issuance of a decision on the
application shall not be willfully delayed.
(d) In any action to enforce compliance with this section, the
prevailing party shall be awarded reasonable attorney's fees.

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