Go to Section 1369.



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.  Sections 1356, 1365, 1365.5, 1366.1, and 1368, and
subdivision (b) of Section 1363, and subdivision (b) of Section 1366
are not applicable to common interest developments that are expressly
zoned as industrial developments and limited in use to industrial
purposes or expressly zoned as commercial developments and limited in
use to commercial purposes.
   The Legislature finds that those aforementioned provisions may be
appropriate to protect purchasers in residential common interest
developments, however, the provisions are not necessary to protect
purchasers in commercial or industrial developments since the
application of those provisions results 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, nor may this title be construed to
confer standing pursuant to Section 383 of the Code of Civil
Procedure to an association created for the purpose of managing a
development wherein there does not exist a common area.
   This section is declaratory of existing law.



Go to Section 1375.

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