Cal. Civ. Code §5975
—
CC&Rs enforceable as equitable servitudes — Nahrstedt reasonableness standard
The cornerstone enforcement statute of Davis-Stirling. CC&Rs in the declaration are enforceable as equitable servitudes that run with the land, binding both the original owners and all subsequent purchasers. Either the association or any owner has standing to enforce. The California Supreme Court in Nahrstedt v. Lakeside Village Condominium Assn. (1994) 8 Cal.4th 361 established that recorded CC&Rs carry a presumption of reasonableness; a challenger must prove unreasonableness as applied to the entire development, not just to the challenger's individual circumstances.
Reviewed · California changes feed
Statutory Text
Verified Aug 5, 2026 · CA_LEG_INFO
Civil Code - CIV DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) CHAPTER 10. Dispute Resolution and Enforcement [5850 - 5986] ( Chapter 10 added by Stats. 2012, Ch. 180, Sec. 2. ) ARTICLE 4. Civil Action [5975 - 5986] ( Article 4 added by Stats. 2012, Ch. 180, Sec. 2. ) 5975. (a) The covenants and restrictions in the declaration shall be enforceable equitable servitudes, unless unreasonable, and shall inure to the benefit of and bind all owners of separate interests in the development. Unless the declaration states otherwise, these servitudes may be enforced by any owner of a separate interest or by the association, or by both. (b) A governing document other than the declaration may be enforced by the association against an owner of a separate interest or by an owner of a separate interest against the association. (c) In an action to enforce the governing documents, the prevailing party shall be awarded reasonable attorney’s fees and costs. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
Enforcement
| Ref | Requirement |
|---|---|
| Under the Nahrstedt rule, recorded CC&Rs are presumed reasonable. An owner challenging a CC&R has the burden of proving it's unreasonable — and not just unreasonable for them personally, but unreasonable for the whole community. This is a very high bar and is why most CC&R challenges fail. | |
| (a) | Standing to enforce CC&Rs is broad. The HOA can enforce against a violating owner, but so can another owner — directly, without going through the HOA. This dual-standing structure exists so an inactive board cannot block enforcement. |
| (a) | Recorded CC&Rs are not just contractual — they are equitable servitudes that run with the land. They bind every current owner and every future buyer automatically. A buyer cannot escape the CC&Rs by claiming they didn't agree to them; they are bound by purchasing the property. |
| (b) | Not just the original CC&Rs — bylaws and operating rules properly adopted by the board (with required member notice and comment period) get the same enforcement treatment. Owners face the same fee-shift and the same presumption of reasonableness when challenging a properly-adopted rule. |
| (c) | California has a mandatory fee-shifting rule for CC&R enforcement. If the HOA wins, the owner pays the HOA's attorney fees. If the owner wins, the HOA pays the owner's fees. This rule strongly disincentivizes frivolous litigation on either side. |
Interpreting Case Law
Legal Topics
Legal references last verified July 4, 2026.
This content is educational and informational. It does not constitute legal advice.
Consult a licensed attorney in your state for legal guidance specific to your situation.