Civil Code §4740. Limitation on Rental Restrictions.
[Old: Civ. Code §1360.2]
(a) An owner
of a separate interest in a common interest development shall not be
subject to a provision in a governing document or an amendment to a
governing document that prohibits the rental or leasing of any of the
separate interests in that common interest development to a renter,
lessee, or tenant unless that governing document, or amendment thereto,
was effective prior to the date the owner acquired title to his or her
the provisions of this section, an owner of a separate interest in a
common interest development may expressly consent to be subject to a
governing document or an amendment to a governing document that
prohibits the rental or leasing of any of the separate interests
in the common interest development to a renter, lessee, or tenant.
purposes of this section, the right to rent or lease the separate
interest of an owner shall not be deemed to have terminated if the
transfer by the owner of all or part of the separate interest meets at
least one of the following conditions:
to Section 62 or 480.3 of the Revenue and Taxation Code, the transfer
is exempt, for purposes of reassessment by the county tax assessor.
to subdivision (b) of, solely with respect to probate transfers, or
subdivision (e), (f), or (g) of, Section 1102.2, the transfer is exempt
from the requirements to prepare and deliver a
Real Estate Transfer Disclosure Statement, as set forth in
(d) Prior to renting
or leasing his or her separate interest as provided by this section, an
owner shall provide the association verification of the date the owner
acquired title to the separate interest and the name and contact
information of the prospective tenant or lessee or the prospective
tenant’s or lessee’s representative.
in this section shall be deemed to revise, alter, or otherwise affect
the voting process by which a common interest development adopts or
amends its governing documents.
section shall apply only to a provision in a governing document or a
provision in an amendment to a governing document that
becomes effective on or after January 1, 2012.
(Added by Stats. 2012, Ch. 180, Sec. 2. Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)