PART 5.3. Commercial and Industrial Common Interest Developments [6500. - 6876.]

Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21.

§§ 6500–6876 · 98 sections

CHAPTER 1. General Provisions §§ 6500–6566 · 29 sections
1. ARTICLE 1. Preliminary Provisions §§ 6500–6524 · 10 sections
  - § 6500 This part shall be known, and may be cited, as the Commercial and Industrial Common Interest Development Act. In a provision of this part, the part may be…
  - § 6502 Division, part, title, chapter, article, and section headings do not in any manner affect the scope, meaning, or intent of this act.
  - § 6505 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…
  - § 6510 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…
  - § 6512 (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 to receive…
  - § 6514 (a) If a provision of this act requires that an association deliver a document by “individual delivery” or “individual notice,” the document shall be delivered…
  - § 6518 (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…
  - § 6520 If the association or a member has consented to receive information by electronic delivery, and a provision of this act requires that the information be in…
  - § 6522 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…
  - § 6524 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 §§ 6526–6566 · 19 sections
  - § 6526 The definitions in this article govern the construction of this act.
  - § 6528 “Association” means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development.
  - § 6530 “Board” means the board of directors of the association.
  - § 6531 A “commercial or industrial common interest development” means a common interest development that is limited to industrial or commercial uses by law or by a…
  - § 6532 (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…
  - § 6534 “Common interest development” means any of the following: (a) A condominium project. (b) A planned development. (c) A stock cooperative.
  - § 6540 “Condominium plan” means a plan described in Section 6624.
  - § 6542 (a) A “condominium project” means a real property development consisting of condominiums. (b) A condominium consists of an undivided interest in common in a…
  - § 6544 “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…
  - § 6546 “Declaration” means the document, however denominated, that contains the information required by Section 6614.
  - § 6548 “Director” means a natural person who serves on the board.
  - § 6550 (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…
  - § 6552 “Governing documents” means the declaration and any other documents, such as bylaws, operating rules, articles of incorporation, or articles of association,…
  - § 6553 “Individual notice” means the delivery of a document pursuant to Section 6514.
  - § 6554 “Member” means an owner of a separate interest.
  - § 6560 “Person” means a natural person, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, limited liability…
  - § 6562 “Planned development” means a real property development other than a condominium project, or a stock cooperative, having either or both of the following…
  - § 6564 (a) “Separate interest” has the following meanings: (1) In a condominium project, “separate interest” means a separately owned unit, as specified in Section…
  - § 6566 “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 or…
CHAPTER 2. Application of Act §§ 6580–6582 · 2 sections
- § 6580 Subject to Section 6582, this act applies and a common interest development is created whenever a separate interest coupled with an interest in the common area…
- § 6582 (a) This act applies only to a commercial or industrial common interest development. (b) Nothing in this act may be construed to apply to a real property…
CHAPTER 3. Governing Documents §§ 6600–6632 · 16 sections
1. ARTICLE 1. General Provisions §§ 6600–6610 · 6 sections
  - § 6600 (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…
  - § 6602 Any deed, declaration, or condominium plan for a common interest development shall be liberally construed to facilitate the operation of the common interest…
  - § 6604 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…
  - § 6606 (a) No declaration or other governing document shall include a restrictive covenant in violation of Section 12955 of the Government Code. (b) Notwithstanding…
  - § 6608 (a) Notwithstanding any provision of the governing documents to the contrary, the board may, after the developer has completed construction of the development,…
  - § 6610 (a) Notwithstanding any other law or provision of the governing documents, if the governing documents include a reference to a provision of the Davis-Stirling…
2. ARTICLE 2. Declaration §§ 6614–6620 · 4 sections
  - § 6614 (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…
  - § 6616 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…
  - § 6618 (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…
  - § 6620 (a) A declaration may be amended pursuant to the declaration or this act. An amendment is effective after all of the following requirements have been met: (1)…
3. ARTICLE 3. Articles of Incorporation § 6622 · 1 section
  - § 6622 (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 §§ 6624–6628 · 3 sections
  - § 6624 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…
  - § 6626 (a) The certificate consenting to the recordation of a condominium plan that is required by subdivision (c) of Section 6624 shall be signed and acknowledged by…
  - § 6628 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 §§ 6630–6632 · 2 sections
  - § 6630 For the purposes of this article, “operating rule” means a regulation adopted by the board that applies generally to the management and operation of the common…
  - § 6632 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…
CHAPTER 4. Ownership and Transfer of Interests §§ 6650–6670 · 11 sections
1. ARTICLE 1. Ownership Rights and Interests §§ 6650–6654 · 3 sections
  - § 6650 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…
  - § 6652 Unless the declaration otherwise provides: (a) In a condominium project, and in those planned developments with common area owned in common by the owners of…
  - § 6654 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…
2. ARTICLE 2. Restrictions on Transfers §§ 6656–6660 · 3 sections
  - § 6656 (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.…
  - § 6658 (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…
  - § 6660 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…
3. ARTICLE 3. Transfer of Separate Interest §§ 6662–6670 · 5 sections
  - § 6662 In a condominium project the common area is not subject to partition, except as provided in Section 6656. Any conveyance, judicial sale, or other voluntary or…
  - § 6664 In a planned development, any conveyance, judicial sale, or other voluntary or involuntary transfer of the separate interest includes the undivided interest in…
  - § 6666 In a stock cooperative, any conveyance, judicial sale, or other voluntary or involuntary transfer of the separate interest includes the ownership interest in…
  - § 6668 Nothing in this article prohibits the transfer of exclusive use areas, independent of any other interest in a common interest subdivision, if authorization to…
  - § 6670 Any restrictions upon the severability of the component interests in real property which are contained in the declaration shall not be deemed conditions…
CHAPTER 5. Property Use and Maintenance §§ 6700–6722 · 13 sections
1. ARTICLE 1. Protected Uses §§ 6700–6713 · 8 sections
  - § 6700 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.…
  - § 6702 (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,…
  - § 6704 (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,…
  - § 6706 Notwithstanding Section 4202, Section 4715 applies to an owner of a separate interest in a common interest development who kept a pet in that common interest…
  - § 6708 (a) Any covenant, condition, or restriction contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of, or any…
  - § 6710 (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…
  - § 6712 (a) Notwithstanding any other law, a provision of the governing documents shall be void and unenforceable if it does any of the following: (1) Prohibits, or…
  - § 6713 (a) Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any…
2. ARTICLE 2. Modification of Separate Interest § 6714 · 1 section
  - § 6714 (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…
3. ARTICLE 3. Maintenance §§ 6716–6722 · 4 sections
  - § 6716 (a) Unless otherwise provided in the declaration of a common interest development, the association is responsible for repairing, replacing, or maintaining the…
  - § 6718 (a) In a condominium project or stock cooperative, unless otherwise provided in the declaration, the association is responsible for the repair and maintenance…
  - § 6720 (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…
  - § 6722 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…
CHAPTER 6. Association Governance §§ 6750–6760 · 5 sections
1. ARTICLE 1. Association Existence and Powers §§ 6750–6752 · 2 sections
  - § 6750 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’…
  - § 6752 (a) Unless the governing documents provide otherwise, and regardless of whether the association is incorporated or unincorporated, the association may exercise…
2. ARTICLE 2. Record Keeping § 6756 · 1 section
  - § 6756 To be effective, a request to change the member’s information in the association membership list shall be delivered in writing to the association, pursuant to…
3. ARTICLE 3. Conflict of Interest § 6758 · 1 section
  - § 6758 (a) Notwithstanding any other law, and regardless of whether an association is incorporated or unincorporated, the provisions of Sections 7233 and 7234 of the…
4. ARTICLE 4. Government Assistance § 6760 · 1 section
  - § 6760 (a) To assist with the identification of commercial or industrial common interest developments, each association, whether incorporated or unincorporated, shall…
CHAPTER 7. Assessments and Assessment Collection §§ 6800–6828 · 14 sections
1. ARTICLE 1. Establishment and Imposition of Assessments §§ 6800–6804 · 2 sections
  - § 6800 The association shall levy regular and special assessments sufficient to perform its obligations under the governing documents and this act.
  - § 6804 (a) Regular assessments imposed or collected to perform the obligations of an association under the governing documents or this act shall be exempt from…
2. ARTICLE 2. Assessment Payment and Delinquency §§ 6808–6819 · 7 sections
  - § 6808 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, shall…
  - § 6810 (a) When an owner of a separate interest makes a payment toward an assessment, the owner may request a receipt and the association shall provide it. The…
  - § 6812 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 6808, the…
  - § 6814 (a) The amount of the assessment, plus any costs of collection, late charges, and interest assessed in accordance with Section 6808, shall be a lien on the…
  - § 6816 A lien created pursuant to Section 6814 shall be prior to all other liens recorded subsequent to the notice of delinquent assessment, except that the…
  - § 6818 (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…
  - § 6819 An association that fails to comply with the procedures set forth in this section shall, prior to recording a lien, recommence the required notice process. Any…
3. ARTICLE 3. Assessment Collection §§ 6820–6828 · 5 sections
  - § 6820 (a) Except as otherwise provided in this article, after the expiration of 30 days following the recording of a lien created pursuant to Section 6814, the lien…
  - § 6822 (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…
  - § 6824 (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…
  - § 6826 (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…
  - § 6828 (a) Except as otherwise provided, this article applies to a lien created on or after January 1, 2014. (b) A lien created before January 1, 2014, is governed by…
CHAPTER 8. Insurance and Liability § 6840 · 1 section
- § 6840 (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…
CHAPTER 9. Dispute Resolution and Enforcement §§ 6850–6860 · 5 sections
1. ARTICLE 1. Disciplinary Action §§ 6850–6854 · 2 sections
  - § 6850 (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…
  - § 6854 Nothing in Section 6850 shall be construed to create, expand, or reduce the authority of the board to impose monetary penalties on a member for a violation of…
2. ARTICLE 2. Civil Actions §§ 6856–6860 · 3 sections
  - § 6856 (a) The covenants and restrictions in the declaration shall be enforceable equitable servitudes, unless unreasonable, and shall inure to the benefit of and…
  - § 6858 An association has standing to institute, defend, settle, or intervene in litigation, arbitration, mediation, or administrative proceedings in its own name as…
  - § 6860 (a) In an action maintained by an association pursuant to subdivision (b), (c), or (d) of Section 6858, the amount of damages recovered by the association…
CHAPTER 10. Construction Defect Litigation §§ 6874–6876 · 2 sections
- § 6874 (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…
- § 6876 (a) Not later than 30 days prior to the filing of any civil action by the association against the declarant or other developer of a common interest development…