| I. DAVIS-STIRLING COMMON INTEREST DEVELOPMENT ACT |
| TITLE 6. COMMON INTEREST DEVELOPMENTS |
| CHAPTER 1. GENERAL PROVISIONS |
| Article 1. Preliminary Provisions |
| §1350. |
Citation |
| §1350.5. |
Headings |
| §1350.7. |
Methods of Delivering Notice; Applicable Sections of Law |
| Article 2. Definitions |
| §1351. |
Definitions |
| CHAPTER 2. GOVERNING DOCUMENTS |
| Article 1. Creation |
| §1352. |
Application of Title; Creation of Common Interest Development |
| §1352.5. |
Discriminatory Restrictive Covenants; Removal from Governing Documents |
| §1353. |
Declaration; Contents |
| §1353.5. |
Display of Flag of the United States |
| §1353.6. |
Sign Restrictions |
| §1353.7. |
Roof Coverings; Fires and Fire Protection |
| §1353.8. |
Low Water-Using Plants; Water-Efficient Landscape Ordinances, Emergency Water Use Regulations |
| Article 2. Enforcement |
| §1354 |
Covenants and Restrictions in Declaration as Equitable Servitudes; Enforcement; Attorneys' Fees |
| Article 3. Amendment |
| §1355. |
Amendment of Declaration |
| §1355.5. |
Amendment of Governing Documents for Certain Declarant Provisions |
| §1356. |
Amendment of Declaration; Power of Court to Approve Amendment; Recording Amendment; Mailing |
| §1357. |
Extension of Term of Declaration |
| Article 4. Operating Rules |
| §1357.100. |
Operating Rules; Definitions |
| §1357.110. |
Requirements to be Valid and Enforceable |
| §1357.120. |
Rule Changes for Certain Operating Rules; Applicability and Exceptions |
| §1357.130. |
Rule Changes; Procedures for Notice, Adoption; Emergency Rule Changes |
| §1357.140. |
Rule Changes; Reversal |
| §1357.150. |
Commencement of Rule Changes |
| CHAPTER 3. OWNERSHIP RIGHTS AND INTERESTS |
| §1358. |
Interests Included in Conveyance, Judicial Sale or Transfer of Separate Interests; Transfers of Exclusive Use Areas; Restrictions Upon Severability of Component Interests |
| §1359. |
Restrictions on Partition |
| §1360. |
Modification of Unit By Owner; Facilitation of Access for Handicapped; Approval by Project Association |
| §1360.5. |
Restrictions on Pets |
| §1361. |
Rights and Easements of Ingress, Egress, and Support |
| §1361.5. |
Access to Owners' Separate Interests |
| §1362. |
Ownership of Common Areas |
| CHAPTER 4. GOVERNANCE |
| Article 1. Association |
| §1363. |
Management; Powers of Association; Membership Rights |
| §1363.001. |
On-Line Education for Directors |
| §1363.005. |
Disclosure Documents Index |
| Article 2. Common Interest Development Open Meeting Act |
| §1363.03. |
Election Rules; Secret Ballots; Inspectors of Election; Balloting |
| §1363.04. |
Association Funds and Campaigns |
| §1363.05. |
Common Interest Development Open Meeting Act |
| §1363.07. |
Grants of Exclusive Use of Common Area |
| §1363.09. |
Remedies for Violation of Election Procedures, Campaign Fund Restrictions, CID Open Meeting Act, Invalid Grants of ExclusiveUse of CommonArea |
| Article 3. Managing Agents |
| §1363.1. |
Prospective Managing Agent; Written Disclosures |
| §1363.2 |
Managing Agent; Deposit of Funds Received; Requirements; Separate Record; Commingling of Funds |
| Article 4. Public Information |
| §1363.5. |
Articles of Incorporation; Identifying Corporation as Association; Business Office Address; Managing Agent's Name and Address |
| §1363.6. |
Identification and Registration of Community Associations |
| Article 5. Dispute Resolution Procedure |
| §1363.810. |
Dispute Resolution; Application |
| §1363.820. |
Fair, Reasonable, and Expeditious Procedures |
| §1363.830. |
Minimum Requirements; Dispute Resolution Procedures |
| §1363.840. |
Statutory Default Procedure |
| §1363.850. |
Annual Notice, Description of Association Meet and Confer Program |
| CHAPTER 5. OPERATIONS |
| Article 1. Common Areas |
| §1364. |
Responsibility for Repair, Replacement, or Maintenance; Damage byWood-Destroying Pests or Organisms; Cost Allocation; Notice of Repair Requirements; Access for TelephoneWiring |
| Article 2. Fiscal Matters |
| §1365. |
Documents Prepared and Distributed by the Association |
| §1365.1. |
Statutory Notice; Assessment Collection and Foreclosure; Secondary Addresses for Purposes of Notices Required in This Article |
| §1365.2. |
Access to Association Records |
| §1365.2.5 |
Form; Assessment and Reserve Funding Disclosure Summary |
| §1365.3. |
Community Service Organizations; Financial Disclosures |
| §1365.5. |
Board of Directors; Duties; Operating and Reserve Accounts; Borrowing From Reserve Accounts; Notice to Members; Visual Inspection of Components; Study of Reserve Accounts |
| Article 3. Insurance |
| §1365.6. |
Interested Directors; Conflicts of Interest |
| §1365.7. |
Tortious Act or Omission of Volunteer Officer or Director of Association Managing Residential Development; Liability; Criteria; Limitations |
| §1365.9 |
Member Limited Immunity; General Liability Insurance |
| Article 4. Assessments |
| §1366. |
Levy of Assessments; Limitation on Increases; Delinquent Assessments; Interest |
| §1366.1. |
Limitation on Imposition or Collection of Assessments or Fees |
| §1366.2. |
Statement Identifing Party Authorized to Receive Assessments |
| §1366.3. |
Disputed Assessments; Payment Under Protest; Notice |
| §1366.4. |
Assessments Based on Taxable Value of Separate Interests |
| §1367. |
Assessments; Debt of Owner; Notice; Lien; Monetary Penalties; Enforcement of Liens; Application to Liens Recorded Prior to January 1, 2003 |
| §1367.1. |
Assessments; Debt of Owner; Notice; Lien; Monetary Penalties; Enforcement of Liens; Application to Liens Recorded On or After January 1, 2003 |
| §1367.4. |
Foreclosure of Liens for Assessment Debt Arising On or After January 1, 2006; Amount and Time Thresholds; Small Claims Court Judgments |
| §1367.5. |
Liens Recorded in Error |
| §1367.6. |
Payment Under Protest |
| CHAPTER 6. TRANSFER OF OWNERSHIP INTERESTS |
| §1368. |
Sale or Title Transfer; Provision of Specified Items to Prospective Purchasers; Copies; Fees; Violations, Penalty and Attorneys' Fees; Validity of Title Transferred in Violation; Additional Requirements |
| §1368.1. |
Marketing of Separate Interests |
| CHAPTER 7. CIVIL ACTIONS AND LIENS |
| Article 1. Miscellaneous Provisions |
| §1368.3. |
Standing |
| §1368.4. |
Allocation of Damages |
| §1368.5. |
Civil Action; Damage to Common Interest Development; Notice to Members |
| §1369. |
Liens for Labor and Materials |
| Article 2. Alternative Dispute Resolution |
| §1369.510. |
Definitions |
| §1369.520. |
Litigation Pre-Filing Requirements |
| §1369.530. |
Initiating the Process; Request for Resolution |
| §1369.540. |
Completing the Process; Costs |
| §1369.550. |
Tolling of Statutes of Limitation |
| §1369.560. |
Certificate; Commencement of Action |
| §1369.570. |
Post-Filing Reference |
| §1369.580. |
Refusal to Participate in Pre-Filing Alternative Dispute Resolution |
| §1369.590. |
Annual Disclosure |
| CHAPTER 8. CONSTRUCTION OF INSTRUMENTS AND ZONING |
| §1370. |
Liberal Construction of Instruments |
| §1371. |
Boundaries of Units; Presumption |
| §1372. |
Construction of Zoning Ordinances |
| §1373. |
Developments Expressly Zoned as Industrial or Commercial and Limited to Such Purposes; Exclusions |
| §1374. |
Application of Act; Common Area Requirement |
| CHAPTER 9. CONSTRUCTION DEFECT LITIGATION |
| §1375. |
Design or Construction Defects; Prefiling Procedures [Operative Until July 1, 2010] |
| §1375.05. |
Design and Construction Defects; Procedures in Litigation [Operative Until July 1, 2010] |
| §1375.1. |
Disclosure to Members; Resolution of Design or Construction Defect Dispute |
| CHAPTER 10. IMPROVEMENTS |
| §1376. |
Video or Television Antennas; Satellite Dish Systems; Restrictions on Installation; Application for Approval |
| §1378. |
Architectural or Design Review; Procedures for Approval |
| II. SELECTED BUSINESS AND PROFESSIONS CODE PROVISIONS AFFECTING COMMON INTEREST DEVELOPMENTS CERTIFIED COMMON INTEREST DEVELOPMENT MANAGERS |
| §11500. |
Definitions |
| §11501. |
”Common Interest Development Manager” |
| §11502. |
Certified Common Interest Development Manager; Criteria |
| §11502.5. |
Competency Examination |
| §11503. |
Exception |
| §11504. |
Disclosures |
| §11505. |
Unfair Business Practice |
| §11506. |
Expiration |
| III. SELECTED CIVIL CODE PROVISIONS AFFECTING COMMON INTEREST DEVELOPMENTS |
| §712. |
Conditions Restraining Right to Display Sign Advertising Property for Sale |
| §713. |
Local Regulations; Signs Advertising Property for Sale, Lease or Exchange |
| SOLAR ENERGY SYSTEMS |
| §714. |
Solar Energy System; Prohibition or Restriction on Installation or Use; Invalidity and Unenforceability of Instruments Affecting Real Property; Cost, Efficiency Defined; Exceptions |
| §714.1. |
Solar Energy System; Reasonable Restrictions in Community Associations |
| CONSTRUCTION DEFECTS |
| TITLE 7. REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS |
| CHAPTER 1. DEFINITIONS |
| §895. |
Definitions |
| CHAPTER 2. ACTIONABLE DEFECTS |
| §896. |
Standards for Residential Construction |
| §897. |
Intent of Standards |
| CHAPTER 3. OBLIGATIONS |
| §900. |
Warranty Covering Fit and Finish Items |
| §901. |
Enhanced Protection Agreement |
| §902. |
Enhanced Protection Agreement — Applicability of Sections 896 and 897 |
| §903. |
Enhanced Protection Agreement — Builder's Duties |
| §904. |
Enhanced Protection Agreement — Enforcement of Construction Standards |
| §905. |
Action to Enforce Construction Standards — Builder's Right to Seek Determination of Applicability of Sections 896 or 897 or Enhanced Protection Agreement |
| §906. |
Builder's Election of Enhanced Protection Agreement Applicable to Issues Governed bySections 896 and 987 |
| §907. |
Obligation of Homeowner to Follow Reasonable Maintenance Obligations |
| CHAPTER 4. PRELITIGATION PROCEDURE |
| §910. |
Procedures Required Prior to Filing Action for Violation of Construction Standards |
| §911. |
"Builder" Defined |
| §912. |
Builder's Duties |
| §913. |
Written Acknowledgment of Receipt of Notice |
| §914. |
Nonadversarial Procedure Established |
| §915. |
Actions Resulting in Nonapplication of Chapter |
| §916. |
Builder's Inspection of Claimed Unmet Standards |
| §917. |
Offer to Repair |
| §918. |
Authorization to Proceed With Repair |
| §919. |
Offer to Mediate Dispute |
| §920. |
Actions Resulting in Filing of Action by Homeowner |
| §921. |
Procedure When Resolution Involves Repair by Builder |
| §922. |
Observation and Electronic Recording, Videotaping, or Photographing of Repair Allowed |
| §923. |
Availability to Homeowner of Correspondence, Photographs and Other MaterialPertaining to Repairs |
| §924. |
Offer to Repair Some, But Not All, of Claimed Unmet Standards |
| §925. |
Failure to Timely Complete Repairs |
| §926. |
Release or Waiver in Exchange for Repair Work Prohibited |
| §927. |
Statute of Limitations |
| §928. |
Mediation Procedure |
| §929. |
Cash Offer in Lieu of Repair |
| §930. |
Strict Construction of Requirements — Failure to Conform |
| §931. |
Claim Combined With Other Causes of Action |
| §932. |
Subsequently Discovered Claims |
| §933. |
Evidence of Repair Work |
| §934. |
Evidence of Parties' Conduct |
| §935. |
Similar Requirements of Civil Code Section 1375 |
| §936. |
Applicability of Title to Other Entities Involved in Construction Process |
| §937. |
Claims and Damages Not Covered by Title |
| §938. |
Applicability of Title |
| CHAPTER 5. PROCEDURE |
| §941. |
Time Limit for Bringing Action |
| §942. |
Claims Involving Residential Construction Standards |
| §943. |
Other Causes of Action; Claims Involving Detached Single-Family Home |
| §944. |
Damages |
| §945. |
Original Purchasers and Successors-in-Interest |
| §945.5. |
Affirmative Defenses |
| IV. SELECTED CODE OF CIVIL PROCEDURE PROVISIONS AFFECTING COMMON INTEREST DEVELOPMENTS |
| §116.540. |
Small Claims Court; Representatives Appearing for Corporate Parties |
| §729.035. |
Right of Redemption; Foreclosure of Delinquent Assessment Liens |
| V. SELECTED CORPORATIONS CODE PROVISIONS AFFECTING COMMON INTEREST DEVELOPMENTS |
| DEFINITIONS |
| §8. |
"Writing" |
| §20. |
"Electronic transmission by the corporation" |
| §21. |
"Electronic transmission to the corporation" |
| MAILING |
| §5009. |
Mailing |
| NOTICES IN NEWSLETTERS |
| §5016. |
Notices or Reports Mailed or Delivered as Part of Newsletter or Magazine |
| GENERAL |
| §5033. |
Approval By or Approval of a Majority of All Members |
| §5034. |
Approval By or Approval of the Members |
| §5069. |
Proxy |
| §5079. |
"Written" or "In writing" |
| §7210. |
Board of Directors; Exercise of Powers; Delegation of Management |
| §7211. |
Meetings |
| §7212. |
Committees |
| §7213. |
Officers |
| DIRECTORS AND OFFICERS |
| §7220. |
Terms of Office |
| §7221. |
Declaration of Vacancy; Grounds; Director Qualifications |
| §7222. |
Removal; Reduction in Number |
| §7224. |
Filling Vacancies; Resignation; Successor to Take Office At Effective Date of Resignation |
| §7231. |
Performance of Duties; Degree of Care; Reliance on Reports, Etc.; Good Faith; Exemption From Liability |
| §7233. |
Conflicts of Interest; Disclosure; Common Directorships; Just and Reasonable Contracts |
| MEMBER DISCIPLINE/RIGHTS |
| §7341. |
Expulsion, Suspension or Termination; Fairness and Reasonableness; Procedure |
| MEETINGS OF MEMBERS/VOTING |
| §7510. |
Annual Meetings; Place; Written Ballot; Court Order for Meeting; Special Meetings |
| §7511. |
Notice of Meeting |
| §7512. |
Quorum |
| §7513. |
Acts without Meeting; Written Ballot; Number of Ballots and Approvals; Solicitation; Revocation of Ballots; Election of Directors |
| §7514. |
Form of Proxy or Written Ballot |
| §7517. |
Ballots; Good Faith Acceptance or Rejection |
| §7527. |
Limitation on Actions; Validity of Election |
| §7611. |
Record Date; Right to Vote; Notice; Adjournment |
| §7612. |
Membership in Names of Two or More Persons |
| §7613. |
Proxies |
| §7614. |
Inspectors of Election |
| §7615 |
Cumulative Voting |
| ANNUAL CORPORATE STATEMENT |
| §8210. |
Statement of Names and Addresses of Officers and of Agent for Service of Process |
| RECORDS AND MEMBERSHIP LISTS |
| §8311. |
Inspections; Persons Authorized; Copies |
| §8320. |
Books and Records |
| §8321. |
Annual Report |
| §8330. |
Demand; Persons Authorized; Reason; Alternative Proposal |
| §8333. |
Accounting Books; Minutes; Demand; Purpose |
| §8334. |
Directors' Rights |
| §8338. |
Membership List; Authorized and Prohibited Uses; Injunction; Costs, Expenses and Attorneys' Fees |
| VI. SELECTED GOVERNMENT CODE PROVISIONS AFFECTING COMMON INTEREST DEVELOPMENTS |
| RIGHT TO DISPLAY FLAG |
| §434.5. |
Right to Display Flag |
| COMMUNITY ASSOCIATION REGISTRATION |
| §12191. |
Registration Fees; Community Associations |
| FAIR HOUSING |
| §12955. |
Unlawful Practices |
| §12956.1. |
Discriminatory Covenants in Deeds or Declarations; Disclosure |
| §12956.2. |
Method for Removing Discriminatory Provisions; Exclusion of Common Interest Developments Subject to Civil Code Section 1352.5 |
| VII. SELECTED VEHICLE CODE PROVISIONS AFFECTING COMMON INTEREST DEVELOPMENTS TOWING OF VEHICLES |
| §22658. |
Removal from Private Property |
| §22658.2. |
Removal of Vehicle From Common Interest Development |
| §22853. |
Notice to Department of Justice; Notice to Stolen Vehicle System |
| §22953. |
Towing from Non-Residential Private Property Held Open to the Public |
| §40000.15. |
Violations Are Misdemeanors, Not Infractions |
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