Besides including the statutory law
>> Friday, June 12, 2009
I. Common Interest Developments Members of homeowners’ association are the owners of the individual units or lots, and the terms “members” and “owners” are used interchangeably in this chapter. A. Types of Common Interest Development The most numerous forms of CIDs, and the focus of The Condominium Bluebook, are the condominium and the planned development. The two other types of CIDs, the stock cooperative and the community apartment, are far less common and only briefly discussed in The Condominium Bluebook, although they are governed by many of the same laws. For additional information, See Civil Code 1351, in Chapter 2. A timeshare and a tenancy-in-common are not CIDs. Other types of common interest developments that are becoming increasingly common, particularly in large urban areas, are the mixed-use condominium development and live-work lofts. Live-work lofts typically are conventional condominiums zoned for both residential and commercial use. The mixed-use development combines a commercial (or more rarely, an industrial) component. The commercial component is governed by a commercial association, and the residential component is governed by a residential association. The mixed-use project as a whole is governed by a master association of which both the commercial and the residential association are members. In a mixed-use common interest development, the commercial (or industrial) association will generally be exempt from certain requirements of the Davis-Sterling Act, Civil Code 1350 et seq, in Chapter 2. However, the residential and master associations will not be exempt from these requirements. For more information, see “Reporting Requirements for Mixed-Use Developments” at page 48 of this chapter; see also Civil Code 1373 in Chapter 2. From Pg 1 of The Condominium Bluebook UNITED STATES CODE ANNOTATED INTERNAL REVENUE CODE CALIFORNIA BUSINESS AND PROFESSIONS CODE CIVIL CODE CORPORATIONS CODE § 12955.6. Fair Housing Amendments Acts Of 1988 Is Minimum Standard HEALTH & SAFETY CODE REVENUE & TAXATION CODE VEHICLE CODE WELFARE & INSTITUTIONS CODEBesides including the statutory law that regulates the operation of condos in California, this book explains everything homeowners need to know about how condos and planned developments work and their rights and responsibilities as owners.
A Peek Inside Chapter 1: California Condominium Law- An Overview
The term “common interest development” (or”CID”) describes a form of real estate where each owner holds exclusive rights to a portion of the property typically called a unit or lot, and shared rights to portions of the property called the common area.Further Topics Covered in Chapter 1- An Overview of Condominium Law
Types of Common Interest Developments
Homeowner Association Legal Structure and Governing Documents
Ownership, Access and Usage
Homeowner Association Powers and Control, Officers and Committees
Condominium Managers
Budgets and Financial Management
Common Area Management and Maintenance
Improvements and Alterations
Construction Defects and Disclosures
Condominium Insurance Issues
Usage Restrictions (Signs, flags, parking, leasing, antennas)
Mortgages and Liens
Disputes between an Owner and the Homeowners’ Association
Disciplinary Action Against an Owner by the Homeowners Association
Disputes between Individual Owners
Alternative Dispute Resolution
Removal of Vehicles from Common Interest DevelopmentsStatutes Included in the 2008 Edition:
4 U.S.C.A. § 5 Note. Freedom To Display The American Flag Act Of 2005
I.R.C. § 528. Certain Homeowner Associations
§ 11500. Definitions
§ 11501. “Common Interest Development Manager”
§ 11502. “Certified Common Interest Development Manager”
§ 11502.5. Competency Examinations
§ 11503. Exception
§ 11504. Disclosures
§ 11505. Unfair Business Practice
§ 11506. Expiration
§ 43.99. Liability Of Independent Quality Review Provider
§ 51. Unruh Civil Rights Act
§ 51.1. Actions Requiring Copy Of Petition And Brief To Be Served On State Solicitor General
§ 51.2. Housing Discrimination Prohibited Based On Age
§ 51.3. Establishing And Preserving Accessible Housing For Senior Citizens
§ 51.4. Senior Housing Constructed Prior To 1982- Exemption From Design Requirments
§ 51.5. Discrimination By Business Establishment Prohibited
§ 51.6. Gender Tax Repeal Act of 1995
§ 51.7. Freedom From Violence; “Sexual Orientation” Defined
§ 51.8. Discrimination In Granting Of Franchises Prohibited
§ 51.9. Elements Required For Cause Of Action For Sexual Harrassment
§ 51.10. Riverside County-Housing Discrimination Prohibited Based Upon Age
§ 51.11. Riverside County-Establishing And Preserving Accessible Housing For Senior Citizens
§ 51.12. Riverside County-Continuing Occupancy Of Certain Exempt Housing
§ 52. Penalty For Discrimination
§ 52.1. Interference With Exercise of Civil Rights - Remedies
§ 53. Discriminatory Restrictions On Ownership Or Use Of Real Property Void
§ 712. Real Estate Sales; Prohibition Of Signs Void; Permissible Displays
§ 713. Display Of “For Sale” Signs
§ 714. Voidability Of Covenants Restricting Solar Energy Systems; Application For Approval; Penalties
§ 714.1. Restrictions By Common Interest Development On Installation Of Solar Energy Systems In Common Areas
§ 895. Requirements For Actions For Construction Defects; Definitions
§ 896. Standards For Original Construction
§ 897. Inclusion Of Items Not Addressed
§ 900. Warranty Covering Fit And Finish Items
§ 901. Enhanced Protection Agreement
§ 902. Applicability Of Civ. Code §§ 896 And 897 To Enhanced Protection Agreement
§ 903. Enhanced Protection Agreement - Builder Duties
§ 904. Enforcement Of Construction Standards
§ 905. Action To Enforce Construction Standards
§ 906. Builder’s Election
§ 907. Homeowner Maintenance Obligations
§ 910. Required Procedures Prior To Filing Action For Violation Of Construction Standards .
§ 911. “Builder” Defined
§ 912. Builder’s Duties
§ 913. Written Acknowledgement Of Receipt Of Notice
§ 914. Nonadversarial Procedure Established
§ 915. Actions Resulting In Nonapplication Of Chapter
§ 916. Builder’s Investigation Of Claimed Unmet Standards
§ 917. Offer To Repair
§ 918. Homeowner Acceptance Of Offer To 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 Recording Of Repair Allowed
§ 923. Full Disclosure Of Repairs
§ 924. Written Explanation Of Unrepaired Items
§ 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 § 1375
§ 936. Liability Of Subcontractors
§ 937. Claims And Damages Not Covered By Title
§ 938. Application Of Title
§ 941. Time Limit For Bringing Action
§ 942. Claims Involving Residential Construction Standards
§ 943. Other Causes Of Action; Claims Involving Detached Single- Family Homes
§ 944. Damages
§ 945. Original Purchasers And Successors-In-Interest .
§ 945.5. Affirmative Defenses
§ 1134. Required Disclosure Before Sale Of Newly Converted Condominium
§ 1350. Short Title
§ 1350.5. Headings
§ 1350.7. Delivery
§ 1351. Definitions
§ 1352. Requirements For Creation Of Common Interest Development
§ 1352.5. Covenants in Violation Of Gov’t Code § 12955; Action For Injunctive Relief
§ 1353. Contents Of Declaration
§ 1353.5. Right To Display The American Flag
§ 1353.6. Displaying Of Noncommercial Signs Or Flags
§ 1353.8. Use Of Low Water-Using Plants
§ 1354. Covenants And Restrictions In Declaration Enforcement
§ 1355. Amendment Of Declaration
§ 1355.5. Amendment To Delete Developer Provisions
§ 1356. Petition To Court To Reduce Percentage Of Affirmative Votes To Amend Declaration; Recording Amendment; Mailing
§ 1357. Extending Term Of Declaration
§ 1357.100. “Operating Rule” And “Rule Change” Defined
§ 1357.110. Validity
§ 1357.120. Application
§ 1357.130. Notice Of Rule Change
§ 1357.140. Special Meeting Of Members To Reverse A Rule Change
§ 1357.150. Effective Date
§ 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 Of Common Areas
§ 1360. Modification Of Unit By Owner; Facilitation Of Access For Handicapped; Association Approval
§ 1360.5. Pet Provision
§ 1361. Rights Or Easements In Common Area
§ 1361.5. Denial Of Access To Owner’s Separate Interest
§ 1362. Ownership Of Common Areas
§ 1363. General Powers And Duties Of Association; Meetings; Access To Records; Disciplinary Action
§ 1363.001. On-line Education Course
§ 1363.03. Adoption Of Rules Regarding Election Procedures; Appointment Of Election Inspectors; Voting By Secret Ballot; Proxy And Ballot Instructions; Publication Of Election Results; Retention Of Ballots; Application Of Article
§ 1363.04. Use Of Association Funds For Campaign Purposes Prohibited
§ 1363.05. Member Attendance At Board Meetings; Executive Sessions; Emergency Meetings; Availability Of Board Minutes; Notice Of Meetings; Owner Right To Speak At Meetings
§ 1363.07. Membership Approval Required For Grant Of Exclusive Use Common Area; Exceptions
§ 1363.09. One Year Statute of Limitations-Action For Violation Of Article; Penalties; Small Claims Court Option
§ 1363.1. Prospecitve Managing Agent Disclosure
§ 1363.2. Managing Agent Duties; Disposition Of Association Funds
§ 1363.5. Articles Of Incorporation Disclosure Statement
§ 1363.6. Association Information Statement Submitted To Secretary Of State; Penalty For Non-Compliance
§ 1363.810. Application Of Article
§ 1363.820. Dispute Resolution Procedure Required
§ 1363.830. Dispute Resolution Procedure Minimum Requirements
§ 1363.840. Statutory Dispute Resolution Procedure
§ 1363.850. Notice Of Dispute Resolution Procedure
§ 1364. Responsibility For Maintenance Of Common Area; Damage By Wood-Destroying Pests Or Organisms; Relocation Costs; Notice Of Repair; Access To Telephone Wiring
§ 1365. Financial Documents
§ 1365.1. Distribution Of Written Notice of Assessments, Foreclosure, And Payment Plans .
§ 1365.2. Right To Inspect And Copy Association Records; Restrictions On Use; Cost Of Production; Redaction Of Information To Prevent Identity Theft; Penalties For Non-Compliance
§ 1365.2. 5. Assessment And Reserve Funding Disclosure Summary
§ 1365.3. Association Report Required To Meet Standards Of Corp. Code § 5012
§ 1365.5. Board Of Directors; Duties; Reserve Accounts
§ 1365.6. Application Of Corp. Code § 310
§ 1365.7. Liability Of Volunteer Officer Or Director; Criteria; Limitations
§ 1365.9. Liability For Common Areas; Action Against Association; Insurance Requirements
§ 1366. Regular And Special Assessments; Limitation On Increases; Delinquent Assessments; Interest
§ 1366.1. Excessive Assessments Or Fees
§ 1366.2. Collection Of Assessments; Recording Of Identifying Statement
§ 1367. Lien For Delinquent Assessments
§ 1367.1. Lien For Delinquent Assessments Recorded After January 1, 2003
§ 1367.4. Limitations On Collection Of Delinquent Assessments Through Foreclosure; Right Of Redemption
§ 1367.5. Lien Filed In Error; Reversal Of Costs And Fees
§ 1368. Documents Provided To Prospective Purchaser
§ 1368.1. Arbitrary Or Unreasonable Restriction On Owner’s Ability To Market Unit Void
§ 1368.3. Association Standing As Real Party In Interest
§ 1368.4. Damages Allocated By Comparative Fault
§ 1368.5. Civil Action By Association; Notice Prior To Filing
§ 1369. Liens For Labor And Materials
§ 1369.510. “Alternative Dispute Resolution” And “Enforcement Action” Defined
§ 1369.520. ADR Required Prior To Filing An Enforcement Action
§ 1369.530. Service Of Request For Resolution
§ 1369.540. Completion Of Resolution Process Within 90 Days
§ 1369.550. Tolling of Time Limitation For Commencing An Enforcement Action
§ 1369.560. Filing Certification Of Compliance
§ 1369.570. Stipulated Agreement To Pursue Alternative Dispute Resolution After Commencement Of Enforcement Action
§ 1369.580. Court Discretion In Awarding Fees And Costs Based Upon Participation In Alternative Dispute Resolution
§ 1369.590. Annual Association Distribution Of Alternative Dispute Resolution Procedures Required
§ 1370. Liberal Construction Of Governing Documents
§ 1371. Boundaries Of Unit
§ 1372. Construction Of Local Zoning Ordinances
§ 1373. Developments Expressly Zoned As Industrial Or Commercial And Limited To Such Purposes
§ 1374. Inapplicability Of Law To Developments Without Common Area
§ 1375. Construction Defect Litigation; Prefiling; Dispute Rsolution Process
§ 1375.05. Construction Defect Litigation; Filing Of Complaint; Inspection Process; Expert Witness Deposition
§ 1375.1. Disclosure To Association Members Of Settlement Agreement Regarding Defects
§ 1376. Installation Of Video And Television Antenna
§ 1378. Required Architectural Review Procedures; Exemptions
CODE OF CIVIL PROCEDURE
§ 336. Five Year Statute Of Limitation On Violation Of Restriction On Use Of Real Property
§ 337. Four Year Statute Of Limitation - Written Contract And Accounts
§ 337.1. Four Year Statute Of Limitation - Injury Or Death From Deficient Planning Or Construction
§ 337.15. Ten Year Statute of Limitation On Actions To Recover Damages From Latent Defects In Planning Or Construction
§ 338. Three Year Statute of Limitation - Statutory Suit, Trespass Or Injury To Real Property, Fraud And Mistake, Official Bonds, Slander Of Title, False Advertising, Water Quality Control Or Physical Damage To Private Property
§ 339. Two Year Statute of Limitation - Oral Contracts, Abstract Or Guaranty Of Title, Title Insurance Or Recission
§ 339.5. Lease Not In Writing; Period For Action After Breach
§ 415.10. Personal Delivery Of Summons
§ 415.20. Service Of Summons In Lieu Of Personal Delivery
§ 415.21. Access To Gated Community For Service Of Process
§ 425.15. Claim Against Volunteer Director Or Officer Of Nonprofit Corporation
§ 425.16. Motion To Strike Pursuant To Free Speech Clause Under California And U.S. Constitutions
§ 20. “Electronic Transmission” Defined
§ 21. Construction - Electronic Transmission
§ 310. Transactions Between Corporations And Directors Or Corporations Having Interrelated Directors
§ 5009. Mailings
§ 5012. “Financial Statements” Defined
§ 5016. Notices Or Reports Mailed Or Delivered As Part Of Newsletter Or Magazine
§ 5032. Approval By The Board
§ 5033. Approval By Majority Of Members
§ 5034. Approval Of Members
§ 5069. Proxy
§ 7110. Title Of Part
§ 7111. Lawful Purposes Of Nonprofit Mutual Benefit Corporations
§ 7120. Corporation Formed By Execution And Filing Of Articles; Signatures Required
§ 7121. Change Of Unincorporated Association To Corporation
§ 7122. Prohibited Names; Reservation Of Names
§ 7130. Required Provisions
§ 7131. Statement Limiting Purposes Or Powers
§ 7132. Optional Provisions
§ 7133. Articles As Proof Of Corporate Existence
§ 7134. Powers of Incorporators When Directors Not Named
§ 7135. Sections 7130 And 7131 As Not Limiting Court Power Over Corporation
§ 7140. Powers Of Corporation
§ 7141. Ultra Vires Acts; Corporation Bound By Authorized Or Ratified Contract
§ 7142. Action For Breach Of Charitable Trust; Who May Bring; Remedies
§ 7150. Adoption, Amendment Or Repeal
§ 7151. Required And Optional Provisions; Number Of Directors
§ 7152. Provisions For Delegates
§ 7160. Location And Inspection Of Articles And Bylaws
§ 7210. Corporate Powers Exercised By Board; Delegation
§ 7211. Board Meetings; Notice; Quorum; Consent To Act Without Meeting
§ 7212. Executive Committees; Creation; Authority To Act
§ 7213. Corporate Officers Required; Selection; Resignation
§ 7214. Validity Of Instrument Signed By Officers
§ 7215. Proof Of Corporate Bylaws; Resolutions
§ 7220. Term Of Office; Manner Of Selection
§ 7221. Removal Of Director For Cause
§ 7222. Removal Of Director Without Cause
§ 7223. Removal Of Director By Director’s Or Members’ Suit; Role Of Attorney General
§ 7224. Filling Vacancies; Resignation
§ 7225. Provisional Director
§ 7230. Application Of Article To All Directors
§ 7231. Duties And Liabilities Of Directors
§ 7231.5. Liability Of Volunteer Director Or Officer Failure To Discharge Duties
§ 7232. Applicability Of § 7231 To Selection Of Directors
§ 7233. Transactions Involving Director
§ 7234. Quorum For Purposes Of § 7233
§ 7235. Corporate Loans, Guaranties, And Advances
§ 7236. Directors’ Liability For Distributions, Loans And Guaranties
§ 7237. Indemnification Of Corporate “Agent”
§ 7238. Law Governing Assets In Charitable Trust
§ 7312. Multiple And Fractional Memberships
§ 7341. Expulsion, Suspension, Or Termination; Fairness And Reasonableness; Procedure
§ 7510. Place, Date, And Time; Failure To Hold Meetings; Quorum; Special Meetings
§ 7511. Notice To Members; Waiver
§ 7512. Quorum
§ 7513. Acts Without Meeting; Written Ballot
§ 7514. Voting By Proxy Or Written Ballot
§ 7515. Court Order For Meeting Or A Written Ballot
§ 7516. Written Consent Of Members
§ 7517. Acceptance Or Rejection Of Ballot, Consent, Waiver, Or Proxy Appointment
§ 7520. Election Of Directors By Members; Procedure
§ 7521. Nomination
§ 7522. Close Of Nominations; When Elections Not Required
§ 7523. Publication Of Material Soliciting Votes; Nominees Rights
§ 7524. Request To Corporation To Mail Election Material
§ 7525. Refusal To Publish Or Mail Material; Liability For Contents
§ 7526. Use Of Corporate Funds To Support Nominee
§ 7527. Time To Contest Election, Appointment, Or Removal Of Director; Defect In Notice
§ 7610. One Vote Per Member; Exceptions
§ 7611. Record Date; Determining Voting Eligibility
§ 7612. Memberships In Two Or More Names
§ 7613. Proxies
§ 7614. Inspectors Of Election
§ 7615. Cumulative Voting; Determining Winner; When Ballots Are Required
§ 7616. Action To Determine Validity Of Election Or Appointment Of Director; Notice To Attorney General
§ 7810. Permissible Amendments To The Articles Of Incorporation
§ 7811. Amendment By Incorporators
§ 7812. Approval Of Board And Members Required; Exceptions
§ 7813. Amendments Affecting Rights Of Class
§ 7813.5. Amendments To Change Status
§ 7814. Filing The Certificate Of Amendment
§ 7815. Filing Of Amendment By Incorporators
§ 7816. Contents Of Certificate Of Amendment
§ 7817. Effect Of Filing Certificate Of Amendment
§ 7818. Extension Of Term Of Corporate Existence By Amendment
§ 7819. Restated Articles Of Incorporation
§ 7820. Effect Of Limitations Of Charitable Trust
§ 8210. Articles Of Incorporation; Biennial Updating
§ 8310. Records Subject To Inspection To Be Written
§ 8311. Inspection By Agent Or Attorneys; Right To Copy
§ 8313. No Limitation On Inspection Rights
§ 8320. Records Required To Be Kept; Form Of Records
§ 8321. Notice Of Annual Report
§ 8322. Annual Statements Of Transactions With Interested Persons And Of Indemnification
§ 8325. Demand For Election Results
§ 8330. Demand For Member’s Names, Addresses, And Voting Rights By Member
§ 8331. Petition By Corporation To Set Aside Demand; Time; Procedure; Grounds
§ 8332. Power Of Court To Limit Rights Under Section 8330; Temporary Order Suspending Time Limit
§ 8333. Inspection Of Accounting Books, Records, Minutes By Member
§ 8334. Director’s Right Of Inspection
§ 8335. Postponement Of Meeting Where Records Not Obtained
§ 8336. Power Of Superior Court To Enforce Inspection Rights Or Appoint Inspectors Or Accountants
§ 8337. Award Of Costs, Expenses, Attorneys’ Fees
§ 8338. Prohibited Uses Of Membership Lists; Damages For Misuse
GOVERNMENT CODE
§ 434.5. Restrictions On Right To Display U.S. Flag Void
§ 12955. Discrimination In Housing Prohibited
§ 12955.1. “Discrimination” Defined
§ 12955.1.1. “Covered Multifamily Dwellings” And “Multistory Dwelling Unit” Defined
§ 12955.2. “Familial Status” Defined
§ 12955.3. “Disability” Defined
§ 12955.4. Religious Preference Allowed
§ 12955.5. Data Collection By Government Allowed
§ 12955.7. Retaliation For Compliance Prohibited
§ 12955.8. Elements Of Violation Of Article
§ 12955.9. Qualifying Senior Housing Allowed To Discriminate Based On Familial Status
§ 12956. Relevant Records Maintained During Legal Action
§ 12956.1. Amending Documents To Remove Discriminatory Language
§ 12956.2. Recording A Restrictive Covenant Modification
§ 66469. Amendment Of Parcel Map
§ 66470. Parcel Map Amendment Requirements And Recording Of Certificate Of Correction
§ 66471. Time Limitations On Approval And Recording
§ 66472.1. Modification Of Parcel Map By Local Agency; Public Hearing
§ 1597.40. Restrictions Against Group Homes Void; Increased Security Deposit Allowed
§ 1597.531. Liability Insurance Or Signed Affidavits Required; Naming Association As Additional Insured
§ 13132.7. Mandatory Fire Retardant Roof Covering Materials In Designated Fire Hazard Zones
§ 2188.3. Condominiums
§ 2188.5. Planned Developments; Assessment; Application Of Amendment To Subd.(b)
§ 2188.6. Separate Unit Assessment And Tax Bill; Lien On Unit Only
§ 23701. Exemption Of Specified Organizations
§ 23701t. Homeowners’ Association Conditions; Definitions
§ 22658. Removal From Private Property
§ 22658.1. Damaging Of Fence While Removing Vehicle; Location And Notification Of Property Owner By Towing Company
§ 22658.2. Removal Of Vehicles From Common Interest Development
§ 22853. Notice To Department Of Justice And Proprietor Of Storage Garage; Reports; Notice To Owner
§ 5115. Lanterman Development Disabilities Services Act
§ 5116. Residential Use Zoning Of Group Homes
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