CHAPTER 1. General Provisions [4000. - 4190.]

Chapter 1 added by Stats. 2012, Ch. 180, Sec. 2.

§§ 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…