Civil Code - CIV
DIVISION 4. GENERAL PROVISIONS [3274 - 9566]
( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) PART 5. Common Interest Developments [4000 - 6150]
( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) CHAPTER 4. Ownership and Transfer of Interests [4500 - 4650]
( Chapter 4 added by Stats. 2012, Ch. 180, Sec. 2. ) ARTICLE 4. Restrictions on Transfer [4600 - 4620]
( Article 4 added by Stats. 2012, Ch. 180, Sec. 2. ) 4605.
(a) A member of an association may bring a civil action for declaratory or equitable relief for a violation of Section 4600 by the association, including, but not limited to, injunctive relief, restitution, or a combination thereof, within one year of the date the cause of action accrues.
(b) A member who prevails in a civil action to enforce the member’s rights pursuant to Section 4600 shall be
entitled to reasonable attorney’s fees and court costs, and the court may impose a civil penalty of up to five hundred dollars ($500) for each violation, except that each identical violation shall be subject to only one penalty if the violation affects each member equally. A prevailing association shall not recover any costs, unless the court finds the action to be frivolous, unreasonable, or without foundation.
(Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)