California Codes, Civil Code - CIV, Division 4 — General Provisions, Part 5 — Common Interest Developments, Chapter 4 — Ownership and Transfer of Interests, Article 4 — Restrictions on Transfer, Section 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.

Notes

Allows a member to sue within one year after accrual for an association's violation of the referenced provision, seeking declaratory or equitable relief, including injunction or restitution. A prevailing member receives attorney's fees and costs and may receive up to $500 per violation, but identical violations affecting members equally support one penalty; prevailing associations recover costs only for frivolous actions.

Use as reference

Lexinter.net | California Code, Civil Code - CIV § 4605 | https://laws.lexinter.net/codes/california/civil-code/division-4/part-5/chapter-4/article-4/section-4605

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