CHAPTER 3. Governing Documents [4205. - 4370.]

Chapter 3 added by Stats. 2012, Ch. 180, Sec. 2.

§§ 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…