California Law (Last Updated: March 4, 2014) |
Civil Code - CIV |
Division 4. GENERAL PROVISIONS |
Part 5. Common Interest Developments |
Chapter 4. Ownership and Transfer of Interests |
ARTICLE 4. Restrictions on Transfer |
Section 4605.
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(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.