The time when the enjoyment of property is to begin or end may be determined by computation, or be made to depend on events. In the latter case, the enjoyment is said to be upon condition.
Article 2 - Conditions of Ownership
California Civil Code — §§ 707-714.7
Sections (13)
Conditions are precedent or subsequent. The former fix the beginning, the latter the ending, of the right.
If a condition precedent requires the performance of an act wrong of itself, the instrument containing it is so far void, and the right cannot exist. If it requires the performance of an act not wrong of itself, but otherwise unlawful, the instrument takes effect and the condition is void.
Conditions restraining alienation, when repugnant to the interest created, are void.
Added by Stats. 1979, Ch. 971.
upon the sale or transfer of the property.
section may implement appropriate measures to assure compliance with this section.
Amended by Stats. 1993, Ch. 589, Sec. 20. Effective January 1, 1994.
safety, including traffic safety, and which advertise the property for sale, lease, or exchange, or advertise directions to the property, by the property owner or his or her agent is void as an unreasonable restraint upon the power of alienation.
Amended by Stats. 1992, Ch. 773, Sec. 3. Effective January 1, 1993.
Amended by Stats. 2014, Ch. 521, Sec. 2. (AB 2188) Effective January 1, 2015.
single family residences and solar collectors used for heating water in commercial or swimming pool applications shall be certified by an accredited listing agency as defined in the Plumbing and Mechanical Codes.
10 percent of the cost of the system, but in no case more than one thousand dollars ($1,000), or decreasing the efficiency of the solar energy system by an amount exceeding 10 percent, as originally specified and proposed.
approved by the appropriate approving entity in the same manner as an application for approval of an architectural modification to the property, and shall not be willfully avoided or delayed.
other party for actual damages occasioned thereby, and shall pay a civil penalty to the applicant or other party in an amount not to exceed one thousand dollars ($1,000).
Amended by Stats. 2017, Ch. 818, Sec. 1. (AB 634) Effective January 1, 2018.
association for the installation of a solar energy system in a separate interest owned by another.
An action by an association that contravenes paragraph (1) or (2) shall be void and unenforceable.
defined in Section 4185 or 6564.
Amended by Stats. 2025, Ch. 22, Sec. 1. (AB 130) Effective June 30, 2025.
subdivision, “reasonable restrictions” means restrictions that do not unreasonably increase the cost to construct, effectively prohibit the construction of, or extinguish the ability to otherwise construct, an accessory dwelling unit or junior accessory dwelling unit consistent with the provisions of Article 2 (commencing with Section 66314) or Article 3 (commencing with Section 66333) of Chapter 13 of Division 1 of Title 7 of the Government Code. “Reasonable restrictions” shall not include any fees or other financial requirements.
Added by Stats. 1987, Ch. 1339, Sec. 1.
The covenants, conditions, and restrictions or other management documents shall not prohibit the sale, lease, rent, or use of real property on the basis that the structure intended for occupancy on the real property is constructed in an offsite facility or factory, and subsequently moved or transported in sections or modules to the real property. Nothing herein shall preclude the governing instruments from being uniformly applied to all structures subject to the covenants, conditions, and restrictions or other management documents.
This section shall apply to covenants, conditions, and restrictions or other
management documents adopted on and after the effective date of this section.
Amended by Stats. 2025, Ch. 504, Sec. 1. (AB 1050) Effective January 1, 2026.
the public record as provided for in this section, except as explicitly provided in this section.
under the existing declaration of restrictive covenants.
by the owner pursuant to subparagraph (A) and the modification document to the county counsel for review. The county counsel shall determine whether the original restrictive covenant document restricts the property in a manner prohibited by subdivision (a), whether the owner has submitted documents sufficient to establish that the property qualifies as a housing development under this section, whether any notice required under this section has been provided, whether any exemption provided in subdivision (g) or (h) applies, and whether the restriction may no longer be enforced against the owner of the housing development and that the owner may record a modification document pursuant to this section.
the county counsel’s determination within 15 days of submission to the county counsel. If the county counsel is unable to make a determination, the county counsel shall specify the documentation that is needed in order to make the determination. If the county counsel has authorized the county recorder to record the modification document, that authorization shall be noted on the face of the modification or on a cover sheet affixed thereto, and the county recorder shall notify the owner or submitting party of the county counsel’s determination without delay so that the notice described in subparagraph (D) may be given.
restrictive covenant, a copy of the modification document, together with a copy of this section and a written explanation that the modification has been applied for and approved for recordation by the county counsel pursuant to this section. That notice shall be deemed given if the notice is actually received by the intended recipient or if the notice is mailed by certified mail both to an address for notice indicated in the restrictive covenant, if any, and to the intended recipient’s address as shown in the last equalized assessment roll, if that address reasonably can be ascertained from the assessment roll. The owner may also publish notice pursuant to Section 6061 of the Government Code identifying that a modification document pursuant to this section has been submitted to the county recorder and approved for recordation by the county counsel, and that the modification document is available
for public inspection in the office of the county recorder. The notice shall also identify the property by assessor’s parcel number and mailing address. If no mailing address has been assigned for the property, then the property shall be identified instead by its nearest intersection. If the owner elects to publish notice in this manner, then notice shall be deemed given to anyone whose interest does not appear of record or for whom an address for notice does not appear of record and cannot reasonably be ascertained from the assessment roll. Notice as described in this subparagraph is optional, and failure to provide it shall not, in any manner, invalidate a restrictive covenant modification document recorded pursuant to this section.
original restrictive covenant document does not contain a restriction prohibited by this section or if the county counsel finds that the property does not qualify as a housing development. If the owner of the property is not yet its record title owner, but is instead a beneficial owner with a right pursuant to a purchase and sale or similar agreement to purchase the property, then the owner shall not record the modification document until the owner closes escrow on the property and becomes its record title owner.
conditions of the modification document shall be the same as the effective date of the original restrictive covenant
document, subject to any intervening amendments or modifications, except to the extent modified by the recorded modification document.
covenant modification is utilized in any manner that violates the terms of the restrictions required by this section.
(A) Relate to purely aesthetic objective design standards, as long as the objective
design standards are not applied in a manner that renders the housing development infeasible.
(B) Provide for fees or assessments for the maintenance of common areas.
(C) Provide for limits on the amount of rent that may be charged to tenants.
document pursuant to this section, shall be filed within 35 days of that notice.
Section 815.7.
(A) The number of persons who may reside in a dwelling.
(B) The size of a dwelling.
(A) Any conservation easement, as defined in Section 815.1, that is recorded as required by Section 815.5, and held by any of the entities or organizations set forth in Section 815.3.
(B) Any interest in land comparable to a conservation easement that is held by any political subdivision and recorded in the office of the county recorder of the county where the land is situated.
where the property is located before January 1, 2022.
(ii) Any written notice of the intended modification of the conservation easement provided pursuant to paragraph (3).
(C) It was funded in whole or in part by a local, state, federal, or tribal government or was required by a local, state, federal, or tribal government as mitigation for, or as a condition of approval of, a project, and notice of that funding or mitigation requirement is provided in the text of the recorded conservation easement document.
(D) It is held by a land trust or other entity whose purpose is to conserve or protect indigenous cultural resources, and that purpose of the land trust or other entity is provided in the text of the recorded conservation easement document.
(E) It, as of the date
of recordation of the conservation easement, burdens property that is located entirely outside the boundaries of any urbanized area or urban cluster, as designated by the United States Census Bureau.
address of the owner of the housing development, the approximate number, size, and location of intended structures to be built on the property for the purposes of housing, and a copy of the intended modification document, and shall specify that it is being provided pursuant to this section.
or federal law, provided that the recorded deed restriction, public access easement, or similar covenant contains notice within the recorded document, inclusive of its recorded exhibits, that it was recorded to satisfy a state agency requirement.
housing, unless a local ordinance or the terms of a federal, state, or local grant, tax credit, or other project financing requires, as a condition of the development of residential units, that the development include a certain percentage of units that are affordable to, and occupied by, low-income, lower income, very low income, or extremely low income households for a term that exceeds 55 years for rental housing units.
(ii) The property is owned or controlled by an entity or individual that has submitted a permit application to the relevant jurisdiction to develop a project that complies with clause (i).
(iii) The property is owned or controlled by an entity or individual that has submitted a development project application to redevelop an existing commercial property, and
the development project includes residential uses permitted by state housing laws or local land use and zoning regulations.
(B) For purposes of subparagraph (A):
(ii) “Permit application” includes, without limitation, a building permit application, an application pursuant to Chapter 4.5 (commencing with Section 65920) of Division 1 of Title 7 of the Government Code, including a preliminary application pursuant to Section 65941.1 of the Government Code, an application for a zoning or general plan amendment, an application for a specific plan or amendment
to a specific plan, a notice of intent or an application for development pursuant to Section 65913.4 of the Government Code, or an application for development pursuant to Section 65912.110 of the Government Code.
modification document described in paragraph (1) of subdivision (b).
built on the property, or that restricts the number of persons or families who may reside on the property, as described in subdivision (a). “Restrictive covenant” does not include an easement set forth in a reciprocal easement agreement or other recorded instrument.
Added by Stats. 2023, Ch. 738, Sec. 1. (AB 323) Effective January 1, 2024.
sold in a manner inconsistent with subdivision (a) shall constitute a violation of this section.
Service affirming its tax-exempt status pursuant to Section 501(c)(3) of the Internal Revenue Code and is not a private foundation as that term is defined in Section 509 of the Internal Revenue Code.