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CA law lets you make the changes without a homeowner vote, however $2,000.00 doesn't seem that outrageous to make sure all of the i's are dotted and the t's crossed.
Civil Code ยง1352.5. Board Authority to Delete Discriminatory Covenants.
(a) No declaration or other governing document shall include a restrictive covenant in violation of Section 12955 of the Government Code.
(b) Notwithstanding any other provision of law or provision of the governing documents, the board of directors of an association, without approval of the owners, shall amend any declaration or other governing document that includes a restrictive covenant prohibited by this section to delete the restrictive covenant, and shall restate the declaration or other governing document without the restrictive covenant but with no other change to the declaration or governing document.
(c) If after providing written notice to an association requesting that the association delete a restrictive covenant that violates subdivision (a), and the association fails to delete the restrictive covenant within 30 days of receiving the notice, the Department of Fair Employment and Housing, a city or county in which a common interest development is located, or any person may bring an action against the association for injunctive relief to enforce subdivision (a). The court may award attorney's fees to the prevailing party.
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12956.1. (a) As used in this section, "association," "governing
documents," and "declaration" have the same meanings as set forth in
Section 1351 of the Civil Code.
(b) (1) A county recorder, title insurance company, escrow
company, real estate broker, real estate agent, or association that
provides a copy of a declaration, governing document, or deed to any
person shall place a cover page or stamp on the first page of the
previously recorded document or documents stating, in at least
14-point boldface type, the following:
"If this document contains any restriction based on race, color,
religion, sex, familial status, marital status, disability, national
origin, or ancestry, that restriction violates state and federal fair
housing laws and is void, and may be removed pursuant to Section
12956.1 of the Government Code. Lawful restrictions under state and
federal law on the age of occupants in senior housing or housing for
older persons shall not be construed as restrictions based on
familial status."
(2) The requirements set forth in paragraph (1) shall not apply to
documents being submitted for recordation to a county recorder.
(c) (1) Any person who holds an ownership interest of record in
property that he or she believes is the subject of a restrictive
covenant referred to in subdivision (b), may file an application with
the Department of Fair Employment and Housing requesting a
determination of whether the restrictive covenant violates the fair
housing laws and is void. Any application pursuant to this
subdivision shall be in writing, contain a copy of the document, and
identify the location within the document where the restrictive
covenant is located.
(2) If the department determines that the document contains a
restrictive covenant that violates the law, it shall provide the
applicant with a written statement entitled "RACIALLY OR OTHERWISE
UNLAWFULLY RESTRICTIVE COVENANT MODIFICATION" that sets forth this
determination, including the page and line numbers of any void
restrictive covenant, which statement may be recorded with the
document pursuant to paragraph (3). The department shall process all
applications within 90 days. The department shall include the
following language at the end of the written statement which the
applicant may complete and sign for purposes of recording pursuant to
paragraph (3):
I (We) __________ have an ownership interest of record in the
property located at __________ (Address) that is the subject of this
document. The Department of Fair Employment and Housing has
determined that this document contains a restrictive covenant that
violates the law and is void. Pursuant to Section 12956.1 of the
Government Code, this document is being recorded solely for the
purpose of eliminating that restrictive covenant as shown on page(s)
__ of the document recorded on __ (Date) in book __ and page __, or
instrument number __ of the official records of the County of _____.
No other changes have been made.
If executed at any place, within or without this state:
I certify (or declare) under penalty of perjury under the laws of
the State of California that the foregoing is true and correct.
____________________ ___________________________
(Date and Place) (Owner(s) Signature(s))
(3) The applicant may strike out a void restrictive covenant
identified by the department, complete and attach a copy of the
written statement from the department to the front of the document,
and cause the modified document to be recorded, if provided that all
other requirements of recordation are met, including the payment of
any recordation fee.
(d) Subdivision (c) of this section shall not apply to persons
holding an ownership interest in property that is part of a common
interest development as defined in subdivision (c) of Section 1351 of
the Civil Code, and where the board of directors of that common
interest development is subject to the requirements of subdivision
(b) of Section 1352.5 of the Civil Code.
(e) The provisions of this section shall have no bearing or effect
upon Section 12955.9.
(f) Any person who records a document for the express purpose of
adding a racially restrictive covenant is guilty of a misdemeanor.
The county recorder shall not incur any liability for recording the
document. Notwithstanding any other provision of law, a prosecution
for a violation of this subdivision shall commence within three years
after the discovery of the recording of the document.
(g) (1) Any person who holds an ownership interest of record in
property that he or she believes is the subject of an unlawfully
restrictive covenant in violation of subdivision (l) of Section 12955
may submit for recordation to the county recorder of the county in
which the property is located a modified document striking out the
unlawfully restrictive covenant.
(2) The county recorder may record the document, if all other
requirements of recordation are met, including the payment of any
recording fee, or may direct the person to obtain a determination,
pursuant to subdivision (c), that the covenant is unlawful. If the
recorder records the document, the recorder shall provide a form
entitled "RACIAL OR OTHERWISE UNLAWFULLY RESTRICTIVE COVENANT
MODIFICATION," which shall be recorded attached to the front of the
document that strikes the unlawfully restrictive covenant.
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