Posters, Flags, Banners

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CALIFORNIA CIVIL CODE SECTION 4700-4745

4700.  This article includes provisions that limit the authority of
an association or the governing documents to regulate the use of a
member's separate interest. Nothing in this article is intended to
affect the application of any other provision that limits the
authority of an association to regulate the use of a member's
separate interest, including, but not limited to, the following
provisions:
   (a) Sections 712 and 713, relating to the display of signs.
   (b) Sections 714 and 714.1, relating to solar energy systems.
   (c) Section 714.5, relating to structures that are constructed
offsite and moved to the property in sections or modules.
   (d) Sections 782, 782.5, and 6150 of this code and Section 12956.1
of the Government Code, relating to racial restrictions.
   (e) Section 12927 of the Government Code, relating to the
modification of property to accommodate a disability.
   (f) Section 1597.40 of the Health and Safety Code, relating to the
operation of a family day care home.


4705.  (a) Except as required for the protection of the public
health or safety, no governing document shall limit or prohibit, or
be construed to limit or prohibit, the display of the flag of the
United States by a member on or in the member's separate interest or
within the member's exclusive use common area.
   (b) For purposes of this section, "display of the flag of the
United States" means a flag of the United States made of fabric,
cloth, or paper displayed from a staff or pole or in a window, and
does not mean a depiction or emblem of the flag of the United States
made of lights, paint, roofing, siding, paving materials, flora, or
balloons, or any other similar building, landscaping, or decorative
component.
   (c) In any action to enforce this section, the prevailing party
shall be awarded reasonable attorney's fees and costs.

4710.  (a) The governing documents may not prohibit posting or
displaying of noncommercial signs, posters, flags, or banners on or
in a member's separate interest, except as required for the
protection of public health or safety or if the posting or display
would violate a local, state, or federal law.
   (b) For purposes of this section, a noncommercial sign, poster,
flag, or banner may be made of paper, cardboard, cloth, plastic, or
fabric, and may be posted or displayed from the yard, window, door,
balcony, or outside wall of the separate interest, but may not be
made of lights, roofing, siding, paving materials, flora, or
balloons, or any other similar building, landscaping, or decorative
component, or include the painting of architectural surfaces.
   (c) An association may prohibit noncommercial signs and posters
that are more than nine square feet in size and noncommercial flags
or banners that are more than 15 square feet in size.



4715.  (a) No governing documents shall prohibit the owner of a
separate interest within a common interest development from keeping
at least one pet within the common interest development, subject to
reasonable rules and regulations of the association. This section may
not be construed to affect any other rights provided by law to an
owner of a separate interest to keep a pet within the development.
   (b) For purposes of this section, "pet" means any domesticated
bird, cat, dog, aquatic animal kept within an aquarium, or other
animal as agreed to between the association and the homeowner.
   (c) If the association implements a rule or regulation restricting
the number of pets an owner may keep, the new rule or regulation
shall not apply to prohibit an owner from continuing to keep any pet
that the owner currently keeps in the owner's separate interest if
the pet otherwise conforms with the previous rules or regulations
relating to pets.
   (d) For the purposes of this section, "governing documents" shall
include, but are not limited to, the conditions, covenants, and
restrictions of the common interest development, and the bylaws,
rules, and regulations of the association.
   (e) This section shall become operative on January 1, 2001, and
shall only apply to governing documents entered into, amended, or
otherwise modified on or after that date.



4720.  (a) No association may require a homeowner to install or
repair a roof in a manner that is in violation of Section 13132.7 of
the Health and Safety Code.
   (b) Governing documents of a common interest development located
within a very high fire severity zone, as designated by the Director
of Forestry and Fire Protection pursuant to Article 9 (commencing
with Section 4201) of Chapter 1 of Part 2 of Division 4 of the Public
Resources Code or by a local agency pursuant to Chapter 6.8
(commencing with Section 51175) of Part 1 of Division 1 of Title 5 of
the Government Code, shall allow for at least one type of fire
retardant roof covering material that meets the requirements of
Section 13132.7 of the Health and Safety Code.

4725.  (a) Any covenant, condition, or restriction contained in any
deed, contract, security instrument, or other instrument affecting
the transfer or sale of, or any interest in, a common interest
development that effectively prohibits or restricts the installation
or use of a video or television antenna, including a satellite dish,
or that effectively prohibits or restricts the attachment of that
antenna to a structure within that development where the antenna is
not visible from any street or common area, except as otherwise
prohibited or restricted by law, is void and unenforceable as to its
application to the installation or use of a video or television
antenna that has a diameter or diagonal measurement of 36 inches or
less.
   (b) This section shall not apply to any covenant, condition, or
restriction, as described in subdivision (a), that imposes reasonable
restrictions on the installation or use of a video or television
antenna, including a satellite dish, that has a diameter or diagonal
measurement of 36 inches or less. For purposes of this section,
"reasonable restrictions" means those restrictions that do not
significantly increase the cost of the video or television antenna
system, including all related equipment, or significantly decrease
its efficiency or performance and include all of the following:
   (1) Requirements for application and notice to the association
prior to the installation.
   (2) Requirement of a member to obtain the approval of the
association for the installation of a video or television antenna
that has a diameter or diagonal measurement of 36 inches or less on a
separate interest owned by another.
   (3) Provision for the maintenance, repair, or replacement of roofs
or other building components.
   (4) Requirements for installers of a video or television antenna
to indemnify or reimburse the association or its members for loss or
damage caused by the installation, maintenance, or use of a video or
television antenna that has a diameter or diagonal measurement of 36
inches or less.
   (c) Whenever approval is required for the installation or use of a
video or television antenna, including a satellite dish, the
application for approval shall be processed by the appropriate
approving entity for the common interest development in the same
manner as an application for approval of an architectural
modification to the property, and the issuance of a decision on the
application shall not be willfully delayed.
   (d) In any action to enforce compliance with this section, the
prevailing party shall be awarded reasonable attorney's fees.

4730.  (a) Any provision of a governing document that arbitrarily or
unreasonably restricts an owner's ability to market the owner's
interest in a common interest development is void.
   (b) No association may adopt, enforce, or otherwise impose any
governing document that does either of the following:
   (1) Imposes an assessment or fee in connection with the marketing
of an owner's interest in an amount that exceeds the association's
actual or direct costs. That assessment or fee shall be deemed to
violate the limitation set forth in subdivision (b) of Section 5600.
   (2) Establishes an exclusive relationship with a real estate
broker through which the sale or marketing of interests in the
development is required to occur. The limitation set forth in this
paragraph does not apply to the sale or marketing of separate
interests owned by the association or to the sale or marketing of
common area by the association.
   (c) For purposes of this section, "market" and "marketing" mean
listing, advertising, or obtaining or providing access to show the
owner's interest in the development.
   (d) This section does not apply to rules or regulations made
pursuant to Section 712 or 713 regarding real estate signs.