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Reasonable Restrictions
An association's restrictions must be reasonable to be enforceable. Civil Code §1354(a). In particular, they must meet the following test:

  • They must relate to a legitimate objective of the association;

  • They must not violate a fundamental public policy (such as discrimination on the basis of sex, race, religion, age, etc.);

  • They must not be enforced in an arbitrary and discriminatory manner; and

  • The burdens on the use of the affected property cannot substantially outweigh the restriction's benefits. (Lamden v. La Jolla Shores)

Recorded restrictions are presumed reasonable.

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