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RE Marketing Restrictions
Any rule or regulation of an association that arbitrarily or unreasonably restricts an owner's ability to market his or her interest in a common interest development is void. Boards may not do any of the following:

1.  Impose an assessment or fee in connection with the marketing of an owner's interest in an amount that exceeds the association's actual or direct costs.

2.  Establish an exclusive relationship with a real estate broker through which the sale or marketing of interests in the development is required to occur (except for separate interests owned by the association).

"Market" and "marketing" mean listing, advertising, or obtaining or providing access to show the owner's interest in the development. Civil Code §1368.1.

Adams Kessler PLC
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