PART 5. Common Interest Developments [4000. - 6150.]

Part 5 added by Stats. 2012, Ch. 180, Sec. 2.

§§ 4000–6150 · 234 sections

1. CHAPTER 1. General Provisions §§ 4000–4190 · 40 sections

   1. ARTICLE 1. Preliminary Provisions §§ 4000–4070 · 12 sections

      • § 4000 This part shall be known and may be cited as the Davis-Stirling Common Interest Development Act. In a provision of this part, the part may be referred to as…
      • § 4005 Division, part, title, chapter, article, and section headings do not in any manner affect the scope, meaning, or intent of this act.
      • § 4010 Nothing in the act that added this part shall be construed to invalidate a document prepared or action taken before January 1, 2014, if the document or action…
      • § 4020 Unless a contrary intent is clearly expressed, a local zoning ordinance is construed to treat like structures, lots, parcels, areas, or spaces in like manner…
      • § 4035 (a) If a provision of this act requires that a document be delivered to an association, the document shall be delivered to the person designated in the annual…
      • § 4040 (a) (1) If a provision of this act requires an association to deliver a document by “individual delivery” or “individual notice,” the association shall deliver…
      • § 4041 (a) A member shall, on an annual basis, provide written notice to the association of all of the following: (1) The member’s preferred delivery method for…
      • § 4045 (a) If a provision of this act requires “general delivery” or “general notice,” the document shall be provided by one or more of the following methods: (1) Any…
      • § 4050 (a) This section governs the delivery of a document pursuant to this act. (b) If a document is delivered by mail, delivery is deemed to be complete on deposit…
      • § 4055 If the association or a member receives information by electronic delivery pursuant to Section 4040, and a provision of this act requires that the information…
      • § 4065 If a provision of this act requires that an action be approved by a majority of all members, the action shall be approved or ratified by an affirmative vote of…
      • § 4070 If a provision of this act requires that an action be approved by a majority of a quorum of the members, the action shall be approved or ratified by an…
   2. ARTICLE 2. Definitions §§ 4075–4190 · 28 sections

      • § 4075 The definitions in this article govern the construction of this act.
      • § 4076 “Annual budget report” means the report described in Section 5300.
      • § 4078 “Annual policy statement” means the statement described in Section 5310.
      • § 4080 “Association” means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development.
      • § 4085 “Board” means the board of directors of the association.
      • § 4090 “Board meeting” means either of the following: (a) A congregation, at the same time and place, of a sufficient number of directors to establish a quorum of the…
      • § 4095 (a) “Common area” means the entire common interest development except the separate interests therein. The estate in the common area may be a fee, a life…
      • § 4100 “Common interest development” means any of the following: (a) A community apartment project. (b) A condominium project. (c) A planned development. (d) A stock…
      • § 4105 “Community apartment project” means a development in which an undivided interest in land is coupled with the right of exclusive occupancy of any apartment…
      • § 4110 (a) “Community service organization or similar entity” means a nonprofit entity, other than an association, that is organized to provide services to residents…
      • § 4120 “Condominium plan” means a plan described in Section 4285.
      • § 4125 (a) A “condominium project” means a real property development consisting of condominiums. (b) A condominium consists of an undivided interest in common in a…
      • § 4130 “Declarant” means the person or group of persons designated in the declaration as declarant, or if no declarant is designated, the person or group of persons…
      • § 4135 “Declaration” means the document, however denominated, that contains the information required by Sections 4250 and 4255.
      • § 4140 “Director” means a natural person who serves on the board.
      • § 4145 (a) “Exclusive use common area” means a portion of the common area designated by the declaration for the exclusive use of one or more, but fewer than all, of…
      • § 4148 “General notice” means the delivery of a document pursuant to Section 4045.
      • § 4150 “Governing documents” means the declaration and any other documents, such as bylaws, operating rules, articles of incorporation, or articles of association,…
      • § 4153 “Individual notice” means the delivery of a document pursuant to Section 4040.
      • § 4155 “Item of business” means any action within the authority of the board, except those actions that the board has validly delegated to any other person or…
      • § 4158 (a) A “managing agent” is a person who, for compensation or in expectation of compensation, exercises control over the assets of a common interest development.…
      • § 4160 “Member” means an owner of a separate interest.
      • § 4170 “Person” means a natural person, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, limited liability…
      • § 4175 “Planned development” means a real property development other than a community apartment project, a condominium project, or a stock cooperative, having either…
      • § 4177 “Reserve accounts” means both of the following: (a) Moneys that the board has identified for use to defray the future repair or replacement of, or additions…
      • § 4178 “Reserve account requirements” means the estimated funds that the board has determined are required to be available at a specified point in time to repair,…
      • § 4185 (a) “Separate interest” has the following meanings: (1) In a community apartment project, “separate interest” means the exclusive right to occupy an apartment,…
      • § 4190 (a) “Stock cooperative” means a development in which a corporation is formed or availed of, primarily for the purpose of holding title to, either in fee simple…
2. CHAPTER 2. Application of Act §§ 4200–4202 · 3 sections

   • § 4200 This act applies and a common interest development is created whenever a separate interest coupled with an interest in the common area or membership in the…
   • § 4201 Nothing in this act may be construed to apply to a real property development that does not contain common area. This section is declaratory of existing law.
   • § 4202 This part does not apply to a commercial or industrial common interest development, as defined in Section 6531.
3. CHAPTER 3. Governing Documents §§ 4205–4370 · 24 sections

   1. ARTICLE 1. General Provisions §§ 4205–4235 · 7 sections

      • § 4205 (a) To the extent of any conflict between the governing documents and the law, the law shall prevail. (b) To the extent of any conflict between the articles of…
      • § 4210 In order to facilitate the collection of regular assessments, special assessments, transfer fees as authorized by Sections 4530, 4575, and 4580, and similar…
      • § 4215 Any deed, declaration, or condominium plan for a common interest development shall be liberally construed to facilitate the operation of the common interest…
      • § 4220 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…
      • § 4225 (a) No declaration or other governing document shall include a restrictive covenant in violation of Section 12955 of the Government Code. (b) Notwithstanding…
      • § 4230 (a) Notwithstanding any provision of the governing documents to the contrary, the board may, after the developer has completed construction of the development,…
      • § 4235 (a) Notwithstanding any other provision of law or provision of the governing documents, if the governing documents include a reference to a provision of the…
   2. ARTICLE 2. Declaration §§ 4250–4276 · 7 sections

      • § 4250 (a) A declaration, recorded on or after January 1, 1986, shall contain a legal description of the common interest development, and a statement that the common…
      • § 4255 (a) If a common interest development is located within an airport influence area, a declaration, recorded after January 1, 2004, shall contain the following…
      • § 4260 Except to the extent that a declaration provides by its express terms that it is not amendable, in whole or in part, a declaration that fails to include…
      • § 4265 (a) The Legislature finds that there are common interest developments that have been created with deed restrictions that do not provide a means for the members…
      • § 4270 (a) A declaration may be amended pursuant to the declaration or this act. Except where an alternative process for approving, certifying, or recording an…
      • § 4275 (a) If in order to amend a declaration, the declaration requires members having more than 50 percent of the votes in the association, in a single class voting…
      • § 4276 (a) Notwithstanding any other law, a declaration that has terminated by operation of the provisions that set forth the initial term of the declaration may be…
   3. ARTICLE 3. Articles of Incorporation § 4280 · 1 section

      • § 4280 (a) The articles of incorporation of an association filed with the Secretary of State shall include a statement, which shall be in addition to the statement of…
   4. ARTICLE 4. Condominium Plan §§ 4285–4295 · 3 sections

      • § 4285 A condominium plan shall contain all of the following: (a) A description or survey map of a condominium project, which shall refer to or show monumentation on…
      • § 4290 (a) The certificate consenting to the recordation of a condominium plan that is required by subdivision (c) of Section 4285 shall be signed and acknowledged by…
      • § 4295 A condominium plan may be amended or revoked by a recorded instrument that is acknowledged and signed by all the persons who, at the time of amendment or…
   5. ARTICLE 5. Operating Rules §§ 4340–4370 · 6 sections

      • § 4340 For the purposes of this article: (a) “Operating rule” means a regulation adopted by the board that applies generally to the management and operation of the…
      • § 4350 An operating rule is valid and enforceable only if all of the following requirements are satisfied: (a) The rule is in writing. (b) The rule is within the…
      • § 4355 (a) Sections 4360 and 4365 only apply to an operating rule that relates to one or more of the following subjects: (1) Use of the common area or of an exclusive…
      • § 4360 (a) The board shall provide general notice pursuant to Section 4045 of a proposed rule change at least 28 days before making the rule change. The notice shall…
      • § 4365 (a) Members of an association owning 5 percent or more of the separate interests may call a special vote of the members to reverse a rule change. (b) A special…
      • § 4370 (a) This article applies to a rule change commenced on or after January 1, 2004. (b) Nothing in this article affects the validity of a rule change commenced…
4. CHAPTER 4. Ownership and Transfer of Interests §§ 4500–4650 · 23 sections

   1. ARTICLE 1. Ownership Rights and Interests §§ 4500–4515 · 4 sections

      • § 4500 Unless the declaration otherwise provides, in a condominium project, or in a planned development in which the common area is owned by the owners of the…
      • § 4505 Unless the declaration otherwise provides: (a) In a community apartment project and condominium project, and in those planned developments with common area…
      • § 4510 Except as otherwise provided in law, an order of the court, or an order pursuant to a final and binding arbitration decision, an association may not deny a…
      • § 4515 (a) It is the intent of the Legislature to ensure that members and residents of common interest developments have the ability to exercise their rights under…
   2. ARTICLE 2. Transfer Disclosure §§ 4525–4545 · 6 sections

      • § 4525 (a) The owner of a separate interest shall provide the following documents to a prospective purchaser of the separate interest, as soon as practicable before…
      • § 4528 The form for billing disclosures required by Section 4530 shall be in at least 10-point type and substantially the following form: CHARGES FOR DOCUMENTS…
      • § 4530 (a) (1) Upon written request, the association shall, within 10 days of the mailing or delivery of the request, provide the owner of a separate interest, or any…
      • § 4535 In addition to the requirements of this article, an owner transferring title to a separate interest shall comply with applicable requirements of Sections 1133…
      • § 4540 Any person who willfully violates this article is liable to the purchaser of a separate interest that is subject to this section for actual damages occasioned…
      • § 4545 Nothing in this article affects the validity of title to real property transferred in violation of this article.
   3. ARTICLE 3. Transfer Fee §§ 4575–4580 · 2 sections

      • § 4575 Except as provided in Section 4580, neither an association nor a community service organization or similar entity may impose or collect any assessment,…
      • § 4580 The prohibition in Section 4575 does not apply to a community service organization or similar entity, or to a nonprofit entity that provides services to a…
   4. ARTICLE 4. Restrictions on Transfer §§ 4600–4620 · 5 sections

      • § 4600 (a) Unless the governing documents specify a different percentage, the affirmative vote of members owning at least 67 percent of the separate interests in the…
      • § 4605 (a) A member of an association may bring a civil action for declaratory or equitable relief for a violation of Section 4600 by the association, including, but…
      • § 4610 (a) Except as provided in this section, the common area in a condominium project shall remain undivided, and there shall be no judicial partition thereof.…
      • § 4615 (a) In a common interest development, no labor performed or services or materials furnished with the consent of, or at the request of, an owner in the common…
      • § 4620 If the association is served with a claim of lien pursuant to Part 6 (commencing with Section 8000) for a work of improvement on a common area, the association…
   5. ARTICLE 5. Transfer of Separate Interest §§ 4625–4650 · 6 sections

      • § 4625 In a community apartment project, any conveyance, judicial sale, or other voluntary or involuntary transfer of the separate interest includes the undivided…
      • § 4630 In a condominium project the common area is not subject to partition, except as provided in Section 4610. Any conveyance, judicial sale, or other voluntary or…
      • § 4635 In a planned development, any conveyance, judicial sale, or other voluntary or involuntary transfer of the separate interest includes the undivided interest in…
      • § 4640 In a stock cooperative, any conveyance, judicial sale, or other voluntary or involuntary transfer of the separate interest includes the ownership interest in…
      • § 4645 Nothing in this article prohibits the transfer of exclusive use areas, independent of any other interest in a common interest subdivision, if authorization to…
      • § 4650 Any restrictions upon the severability of the component interests in real property which are contained in the declaration shall not be deemed conditions…
5. CHAPTER 5. Property Use and Maintenance §§ 4700–4790 · 29 sections

   1. ARTICLE 1. Protected Uses §§ 4700–4753 · 21 sections

      • § 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.…
      • § 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,…
      • § 4706 (a) Except as restricted in Section 1940.5, no governing document shall limit or prohibit the display of one or more religious items on the entry door or entry…
      • § 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,…
      • § 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…
      • § 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)…
      • § 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…
      • § 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…
      • § 4735 (a) Notwithstanding any other law, a provision of the governing documents or architectural or landscaping guidelines or policies shall be void and…
      • § 4736 (a) A provision of the governing documents shall be void and unenforceable if it requires pressure washing the exterior of a separate interest and any…
      • § 4739 (a) Notwithstanding Section 4740, an owner of a separate interest in a common interest development shall not be subject to a provision in a governing document,…
      • § 4740 (a) An owner of a separate interest in a common interest development shall not be subject to a provision in a governing document or an amendment to a governing…
      • § 4741 (a) An owner of a separate interest in a common interest development shall not be subject to a provision in a governing document or an amendment to a governing…
      • § 4745 (a) Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any…
      • § 4745.1 (a) Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any…
      • § 4746 (a) When reviewing a request to install a solar energy system on a multifamily common area roof shared by more than one homeowner pursuant to Sections 714 and…
      • § 4747 (a) Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any…
      • § 4750 (a) For the purposes of this section, “personal agriculture” has the same definition as in Section 1940.10. (b) Any provision of a governing document, as…
      • § 4751 (a) Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any…
      • § 4752 (a) Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument, and any provision of a governing…
      • § 4753 (a) For the purposes of this section, “clothesline” includes a cord, rope, or wire from which laundered items may be hung to dry or air. A balcony, railing,…
   2. ARTICLE 2. Modification of Separate Interest §§ 4760–4766 · 3 sections

      • § 4760 (a) Subject to the governing documents and applicable law, a member may do the following: (1) Make any improvement or alteration within the boundaries of the…
      • § 4765 (a) This section applies if the governing documents require association approval before a member may make a physical change to the member’s separate interest…
      • § 4766 (a) Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument, and any provision of a governing…
   3. ARTICLE 3. Maintenance §§ 4775–4790 · 5 sections

      • § 4775 (a) (1) Except as provided in paragraph (4), unless otherwise provided in the declaration of a common interest development, the association is responsible for…
      • § 4777 (a) For the purposes of this section: (1) “Adjacent separate interest” means a separate interest that is directly beside, above, or below a particular separate…
      • § 4780 (a) In a community apartment project, condominium project, or stock cooperative, unless otherwise provided in the declaration, the association is responsible…
      • § 4785 (a) The association may cause the temporary, summary removal of any occupant of a common interest development for such periods and at such times as may be…
      • § 4790 Notwithstanding the provisions of the declaration, a member is entitled to reasonable access to the common area for the purpose of maintaining the internal and…
6. CHAPTER 6. Association Governance §§ 4800–5450 · 48 sections

   1. ARTICLE 1. Association Existence and Powers §§ 4800–4820 · 3 sections

      • § 4800 A common interest development shall be managed by an association that may be incorporated or unincorporated. The association may be referred to as an owners’…
      • § 4805 (a) Unless the governing documents provide otherwise, and regardless of whether the association is incorporated or unincorporated, the association may exercise…
      • § 4820 Whenever two or more associations have consolidated any of their functions under a joint neighborhood association or similar organization, members of each…
   2. ARTICLE 2. Board Meeting §§ 4900–4955 · 10 sections

      • § 4900 This article shall be known and may be cited as the Common Interest Development Open Meeting Act.
      • § 4910 (a) The board shall not take action on any item of business outside of a board meeting. (b) (1) Notwithstanding Section 7211 of the Corporations Code, the…
      • § 4920 (a) Except as provided in subdivision (b), the association shall give notice of the time and place of a board meeting at least four days before the meeting.…
      • § 4923 An emergency board meeting may be called by the president of the association, or by any two directors other than the president, if there are circumstances that…
      • § 4925 (a) Any member may attend board meetings, except when the board adjourns to, or meets solely in, executive session. As specified in subdivision (b) of Section…
      • § 4926 (a) Notwithstanding any other law or the association’s governing documents, a board meeting or meeting of the members may be conducted entirely by…
      • § 4930 (a) Except as described in subdivisions (b) to (e), inclusive, the board may not discuss or take action on any item at a nonemergency meeting unless the item…
      • § 4935 (a) The board may adjourn to, or meet solely in, executive session to consider litigation, matters relating to the formation of contracts with third parties,…
      • § 4950 (a) The minutes, minutes proposed for adoption that are marked to indicate draft status, or a summary of the minutes, of any board meeting, other than an…
      • § 4955 (a) A member of an association may bring a civil action for declaratory or equitable relief for a violation of this article by the association, including, but…
   3. ARTICLE 3. Member Meeting § 5000 · 1 section

      • § 5000 (a) Meetings of the membership of the association shall be conducted in accordance with a recognized system of parliamentary procedure or any parliamentary…
   4. ARTICLE 4. Member Election §§ 5100–5145 · 10 sections

      • § 5100 (a) (1) Notwithstanding any other law or provision of the governing documents, elections regarding assessments legally requiring a vote, election and removal…
      • § 5103 Notwithstanding the secret balloting requirement in Section 5100, or any contrary provision in the governing documents, when, as of the deadline for submitting…
      • § 5105 (a) An association shall adopt operating rules in accordance with the procedures prescribed by Article 5 (commencing with Section 4340) of Chapter 3, that do…
      • § 5110 (a) The association shall select an independent third party or parties as an inspector of elections. The number of inspectors of elections shall be one or…
      • § 5115 (a) An association shall provide general notice of the procedure and deadline for submitting a nomination at least 30 days before any deadline for submitting a…
      • § 5120 (a) All votes shall be counted and tabulated by the inspector or inspectors of elections, or the designee of the inspector or inspectors of elections, in…
      • § 5125 The sealed ballots, signed voter envelopes, voter list, proxies, candidate registration list, and tally sheet of votes cast by electronic secret ballot shall…
      • § 5130 (a) For purposes of this article, the following definitions shall apply: (1) “Proxy” means a written authorization signed by a member or the authorized…
      • § 5135 (a) Association funds shall not be used for campaign purposes in connection with any association board election. Funds of the association shall not be used for…
      • § 5145 (a) A member of an association may bring a civil action for declaratory or equitable relief for a violation of this article by the association, including, but…
   5. ARTICLE 5. Record Inspection §§ 5200–5240 · 10 sections

      • § 5200 For the purposes of this article, the following definitions shall apply: (a) “Association records” means all of the following: (1) Any financial document…
      • § 5205 (a) The association shall make available association records for the time periods and within the timeframes provided in Section 5210 for inspection and copying…
      • § 5210 (a) Association records are subject to member inspection for the following time periods: (1) For the current fiscal year and for each of the previous two…
      • § 5215 (a) Except as provided in subdivision (b), the association may withhold or redact information from the association records if any of the following are true:…
      • § 5216 (a) Notwithstanding any other law, upon request of a member of an association who is an active participant in the Safe at Home program, the association shall…
      • § 5220 A member of the association may opt out of the sharing of that member’s name, property address, email address, and mailing address by notifying the association…
      • § 5225 A member requesting the membership list shall state the purpose for which the list is requested which purpose shall be reasonably related to the requester’s…
      • § 5230 (a) The association records, and any information from them, may not be sold, used for a commercial purpose, or used for any other purpose not reasonably…
      • § 5235 (a) A member may bring an action to enforce that member’s right to inspect and copy the association records. If a court finds that the association unreasonably…
      • § 5240 (a) As applied to an association and its members, the provisions of this article are intended to supersede the provisions of Sections 8330 and 8333 of the…
   6. ARTICLE 6. Recordkeeping § 5260 · 1 section

      • § 5260 To be effective, any of the following requests shall be delivered in writing to the association, pursuant to Section 4035: (a) A request to change the member’s…
   7. ARTICLE 7. Annual Reports §§ 5300–5320 · 4 sections

      • § 5300 (a) Notwithstanding a contrary provision in the governing documents, an association shall distribute an annual budget report 30 to 90 days before the end of…
      • § 5305 Unless the governing documents impose more stringent standards, a review of the financial statement of the association shall be prepared in accordance with…
      • § 5310 (a) Within 30 to 90 days before the end of its fiscal year, the board shall distribute an annual policy statement that provides the members with information…
      • § 5320 (a) When a report is prepared pursuant to Section 5300 or 5310, the association shall deliver one of the following documents to all members by individual…
   8. ARTICLE 8. Conflict of Interest § 5350 · 1 section

      • § 5350 (a) Notwithstanding any other law, and regardless of whether an association is incorporated or unincorporated, the provisions of Sections 7233 and 7234 of the…
   9. ARTICLE 9. Managing Agent §§ 5375–5385 · 5 sections

      • § 5375 A prospective managing agent of a common interest development shall provide a written statement to the board as soon as practicable, but in no event more than…
      • § 5375.5 A common interest development manager or common interest development management firm shall disclose, in writing, any potential conflict of interest when…
      • § 5376 The common interest development manager, common interest development management firm, or its contracted third-party agent shall facilitate the delivery of…
      • § 5380 (a) A managing agent of a common interest development who accepts or receives funds belonging to the association shall deposit those funds that are not placed…
      • § 5385 For the purposes of this article, “managing agent” does not include a full-time employee of the association.
   10. ARTICLE 10. Government Assistance §§ 5400–5405 · 2 sections

       • § 5400 To the extent existing funds are available, the Department of Consumer Affairs and the Bureau of Real Estate shall develop an online education course for the…
       • § 5405 (a) To assist with the identification of common interest developments, each association, whether incorporated or unincorporated, shall submit to the Secretary…
   11. ARTICLE 11. Emergency Powers and Procedures § 5450 · 1 section

       • § 5450 (a) This section only applies to a common interest development if gathering in person is unsafe or impossible because the common interest development is in an…
7. CHAPTER 7. Finances §§ 5500–5580 · 12 sections

   1. ARTICLE 1. Accounting §§ 5500–5502 · 3 sections

      • § 5500 Unless the governing documents impose more stringent standards, the board shall do all of the following: (a) Review, on a monthly basis, a current…
      • § 5501 The review requirements of Section 5500 may be met when every individual member of the board, or a subcommittee of the board consisting of the treasurer and at…
      • § 5502 (a) Notwithstanding any other law, transfers shall not be authorized from the association’s reserve or operating accounts without prior written approval from…
   2. ARTICLE 2. Use of Reserve Funds §§ 5510–5520 · 3 sections

      • § 5510 (a) The signatures of at least two persons, who shall be directors, or one officer who is not a director and one who is a director, shall be required for the…
      • § 5515 (a) Notwithstanding Section 5510, the board may authorize the temporary transfer of moneys from a reserve fund to the association’s general operating fund to…
      • § 5520 (a) When the decision is made to use reserve funds or to temporarily transfer moneys from the reserve fund to pay for litigation pursuant to subdivision (b) of…
   3. ARTICLE 3. Reserve Planning §§ 5550–5580 · 6 sections

      • § 5550 (a) At least once every three years, the board shall cause to be conducted a reasonably competent and diligent visual inspection of the accessible areas of the…
      • § 5551 (a) For purposes of this section, the following definitions apply: (1) “Associated waterproofing systems” include flashings, membranes, coatings, and sealants…
      • § 5560 (a) The reserve funding plan required by Section 5550 shall include a schedule of the date and amount of any change in regular or special assessments that…
      • § 5565 The summary of the association’s reserves required by paragraph (2) of subdivision (b) of Section 5300 shall be based on the most recent review or study…
      • § 5570 (a) The disclosures required by this article with regard to an association or a property shall be summarized on the following form: Assessment and Reserve…
      • § 5580 (a) Unless the governing documents impose more stringent standards, any community service organization whose funding from the association or its members…
8. CHAPTER 8. Assessments and Assessment Collection §§ 5600–5740 · 26 sections

   1. ARTICLE 1. Establishment and Imposition of Assessments §§ 5600–5625 · 6 sections

      • § 5600 (a) Except as provided in Section 5605, the association shall levy regular and special assessments sufficient to perform its obligations under the governing…
      • § 5605 (a) Annual increases in regular assessments for any fiscal year shall not be imposed unless the board has complied with paragraphs (1), (2), (4), (5), (6),…
      • § 5610 Section 5605 does not limit assessment increases necessary for emergency situations. For purposes of this section, an emergency situation is any one of the…
      • § 5615 The association shall provide individual notice pursuant to Section 4040 to the members of any increase in the regular or special assessments of the…
      • § 5620 (a) Regular assessments imposed or collected to perform the obligations of an association under the governing documents or this act shall be exempt from…
      • § 5625 (a) Except as provided in subdivision (b), notwithstanding any provision of this act or the governing documents to the contrary, an association shall not levy…
   2. ARTICLE 2. Assessment Payment and Delinquency §§ 5650–5690 · 11 sections

      • § 5650 (a) A regular or special assessment and any late charges, reasonable fees and costs of collection, reasonable attorney’s fees, if any, and interest, if any, as…
      • § 5655 (a) Any payments made by the owner of a separate interest toward a debt described in subdivision (a) of Section 5650 shall first be applied to the assessments…
      • § 5658 (a) If a dispute exists between the owner of a separate interest and the association regarding any disputed charge or sum levied by the association, including,…
      • § 5660 At least 30 days prior to recording a lien upon the separate interest of the owner of record to collect a debt that is past due under Section 5650, the…
      • § 5665 (a) An owner, other than an owner of any interest that is described in Section 11212 of the Business and Professions Code that is not otherwise exempt from…
      • § 5670 Prior to recording a lien for delinquent assessments, an association shall offer the owner and, if so requested by the owner, participate in dispute resolution…
      • § 5673 For liens recorded on or after January 1, 2006, the decision to record a lien for delinquent assessments shall be made only by the board and may not be…
      • § 5675 (a) The amount of the assessment, plus any costs of collection, late charges, and interest assessed in accordance with subdivision (b) of Section 5650, shall…
      • § 5680 A lien created pursuant to Section 5675 shall be prior to all other liens recorded subsequent to the notice of delinquent assessment, except that the…
      • § 5685 (a) Within 21 days of the payment of the sums specified in the notice of delinquent assessment, the association shall record or cause to be recorded in the…
      • § 5690 An association that fails to comply with the procedures set forth in this article shall, prior to recording a lien, recommence the required notice process. Any…
   3. ARTICLE 3. Assessment Collection §§ 5700–5740 · 9 sections

      • § 5700 (a) Except as otherwise provided in this article, after the expiration of 30 days following the recording of a lien created pursuant to Section 5675, the lien…
      • § 5705 (a) Notwithstanding any law or any provisions of the governing documents to the contrary, this section shall apply to debts for assessments that arise on and…
      • § 5710 (a) Any sale by the trustee shall be conducted in accordance with Sections 2924, 2924b, and 2924c applicable to the exercise of powers of sale in mortgages and…
      • § 5715 (a) Notwithstanding any law or any provisions of the governing documents to the contrary, this section shall apply to debts for assessments that arise on and…
      • § 5720 (a) Notwithstanding any law or any provisions of the governing documents to the contrary, this section shall apply to debts for assessments that arise on and…
      • § 5725 (a) A monetary charge imposed by the association as a means of reimbursing the association for costs incurred by the association in the repair of damage to…
      • § 5730 (a) The annual policy statement, prepared pursuant to Section 5310, shall include the following notice, in at least 12-point type: “NOTICE ASSESSMENTS AND…
      • § 5735 (a) An association may not voluntarily assign or pledge the association’s right to collect payments or assessments, or to enforce or foreclose a lien to a…
      • § 5740 (a) Except as otherwise provided, this article applies to a lien created on or after January 1, 2003. (b) A lien created before January 1, 2003, is governed by…
9. CHAPTER 9. Insurance and Liability §§ 5800–5810 · 4 sections

   • § 5800 (a) A volunteer officer or volunteer director described in subdivision (e) of an association that manages a common interest development that is residential or…
   • § 5805 (a) It is the intent of the Legislature to offer civil liability protection to owners of the separate interests in a common interest development that have…
   • § 5806 Unless the governing documents require greater coverage amounts, the association shall maintain crime insurance, employee dishonesty coverage, fidelity bond…
   • § 5810 The association shall, as soon as reasonably practicable, provide individual notice pursuant to Section 4040 to all members if any of the policies described in…
10. CHAPTER 10. Dispute Resolution and Enforcement §§ 5850–5986 · 23 sections

    1. ARTICLE 1. Discipline and Cost Reimbursement §§ 5850–5875 · 4 sections

       • § 5850 (a) If an association adopts or has adopted a policy imposing any monetary penalty, including any fee, on any association member for a violation of the…
       • § 5855 (a) When the board is to meet to consider or impose discipline upon a member, or to impose a monetary charge as a means of reimbursing the association for…
       • § 5865 Nothing in Section 5850 or 5855 shall be construed to create, expand, or reduce the authority of the board to impose monetary penalties on a member for a…
       • § 5875 An association shall not pursue any enforcement actions for a violation of the governing documents, except those actions relating to the homeowner’s nonpayment…
    2. ARTICLE 2. Internal Dispute Resolution §§ 5900–5920 · 6 sections

       • § 5900 (a) This article applies to a dispute between an association and a member involving their rights, duties, or liabilities under this act, under the Nonprofit…
       • § 5905 (a) An association shall provide a fair, reasonable, and expeditious procedure for resolving a dispute within the scope of this article. (b) In developing a…
       • § 5910 A fair, reasonable, and expeditious dispute resolution procedure shall, at a minimum, satisfy all of the following requirements: (a) The procedure may be…
       • § 5910.1 An association may not file a civil action regarding a dispute in which the member has requested dispute resolution unless the association has complied with…
       • § 5915 (a) This section applies to an association that does not otherwise provide a fair, reasonable, and expeditious dispute resolution procedure. The procedure…
       • § 5920 The annual policy statement prepared pursuant to Section 5310 shall include a description of the internal dispute resolution process provided pursuant to this…
    3. ARTICLE 3. Alternative Dispute Resolution Prerequisite to Civil Action §§ 5925–5965 · 9 sections

       • § 5925 As used in this article: (a) “Alternative dispute resolution” means mediation, arbitration, conciliation, or other nonjudicial procedure that involves a…
       • § 5930 (a) An association or a member may not file an enforcement action in the superior court unless the parties have endeavored to submit their dispute to…
       • § 5935 (a) Any party to a dispute may initiate the process required by Section 5930 by serving on all other parties to the dispute a Request for Resolution. The…
       • § 5940 (a) If the party on whom a Request for Resolution is served accepts the request, the parties shall complete the alternative dispute resolution within 90 days…
       • § 5945 If a Request for Resolution is served before the end of the applicable time limitation for commencing an enforcement action, the time limitation is tolled…
       • § 5950 (a) At the time of commencement of an enforcement action, the party commencing the action shall file with the initial pleading a certificate stating that one…
       • § 5955 (a) After an enforcement action is commenced, on written stipulation of the parties, the matter may be referred to alternative dispute resolution. The referred…
       • § 5960 In an enforcement action in which attorney’s fees and costs may be awarded, the court, in determining the amount of the award, may consider whether a party’s…
       • § 5965 (a) An association shall annually provide its members a summary of the provisions of this article that specifically references this article. The summary shall…
    4. ARTICLE 4. Civil Action §§ 5975–5986 · 4 sections

       • § 5975 (a) The covenants and restrictions in the declaration shall be enforceable equitable servitudes, unless unreasonable, and shall inure to the benefit of and…
       • § 5980 An association has standing to institute, defend, settle, or intervene in litigation, arbitration, mediation, or administrative proceedings in its own name as…
       • § 5985 (a) In an action maintained by an association pursuant to subdivision (b), (c), or (d) of Section 5980, the amount of damages recovered by the association…
       • § 5986 (a) Subject to compliance with Section 6150, which requires the board to provide notice of a meeting with the members to discuss, among other things, problems…
11. CHAPTER 11. Construction Defect Litigation §§ 6100–6150 · 2 sections

    • § 6100 (a) As soon as is reasonably practicable after the association and the builder have entered into a settlement agreement or the matter has otherwise been…
    • § 6150 (a) Not later than 30 days before filing of any civil action by the association against the declarant or other developer of a common interest development for…