BlackletterCalifornia law

CHAPTER 6. Association Governance [4800. - 5450.]

Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2.

§§ 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…