Cal. Civ. Code §5975
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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.
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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. |
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Legal references last verified May 24, 2026.
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