California Civil Code > Part 5. Common Interest Developments (Davis-Stirling Common Interest Development Act) > Chapter 4. Ownership and Transfer of Interests > Article 4. Restrictions on Transfer > Civil Code §4605. Enforcing Requirements for Granting Exclusive Use of Common Area
(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. [2012 – Based on former §1363.09(a), (b)]