Generally, restrictions in an association’s governing documents limiting an owner’s right to lease a residence. The restrictions may be as to the length of the lease, the number of persons residing in the dwelling, the age of those entitled to reside in a dwelling, how many dwellings within a community may be leased at a given time, or other limitations. California law recognizes the right of owners within a common interest development to choose to regulate the right to lease, within specified parameters.
Legal Fees
Pursuant to Civil Code section 5975, the prevailing party in a legal action to enforce the governing documents shall be awarded reasonable attorney’s fees and costs. What is deemed “reasonable” is left to the discretion of the court upon a motion by the prevailing party.
Liability, Limiting
More and more contracts, especially those of design professionals, contain language that tries to limit the liability of the service vendor. These enforceable provisions should be deleted whenever possible, as they serve to transfer the risk of loss to the association rather than the service vendor. Service vendors should remain responsible for any damage or loss their work causes.