SECTIONS 1370-1374 - California Statutes

CIVIL CODE

SECTION 1370-1374

1370. Any deed, declaration, or condominium plan for a common
interest development shall be liberally construed to facilitate the
operation of the common interest development, and its provisions
shall be presumed to be independent and severable. Nothing in Article
3 (commencing with Section 715) of Chapter 2 of Title 2 of Part 1 of
this division shall operate to invalidate any provisions of the
governing documents of a common interest development.

1371. In interpreting deeds and condominium plans, the existing
physical boundaries of a unit in a condominium project, when the
boundaries of the unit are contained within a building, or of a unit
reconstructed in substantial accordance with the original plans
thereof, shall be conclusively presumed to be its boundaries rather
than the metes and bounds expressed in the deed or condominium plan,
if any exists, regardless of settling or lateral movement of the
building and regardless of minor variance between boundaries shown on
the plan or in the deed and those of the building.

1372. Unless a contrary intent is clearly expressed, local zoning
ordinances shall be construed to treat like structures, lots,
parcels, areas, or spaces in like manner regardless of whether the
common interest development is a community apartment project,
condominium project, planned development, or stock cooperative.

1373. (a) The following provisions do not apply to a common
interest development that is limited to industrial or commercial uses
by zoning or by a declaration of covenants, conditions, and
restrictions that has been recorded in the official records of each
county in which the common interest development is located:
(1) Section 1356.
(2) Article 4 (commencing with Section 1357.100) of Chapter 2 of
Title 6 of Part 4 of Division 2.
(3) Subdivision (b) of Section 1363.
(4) Section 1365.
(5) Section 1365.5.
(6) Subdivision (b) of Section 1366.
(7) Section 1366.1.
(8) Section 1368.
(9) Section 1378.
(b) The Legislature finds that the provisions listed in
subdivision (a) are appropriate to protect purchasers in residential
common interest developments, however, the provisions may not be
necessary to protect purchasers in commercial or industrial
developments since the application of those provisions could result
in unnecessary burdens and costs for these types of developments.

1374. Nothing in this title may be construed to apply to a
development wherein there does not exist a common area as defined in
subdivision (b) of Section 1351.
This section is declaratory of existing law.