Are We A CID?
January 29, 2009 • By Kelly G. Richardson
Dear Mr. Richardson:
I live in a Stock Cooperative 55 and over mobile home park. Do we come under the California HOA Laws? If not how can we change to come under the California HOA Laws. We do abide by the HOA Board Election Laws. I would appreciate any help regarding this issue.
Thank you.
J.D., Chino Hills
Dear J.D.:
Although people often refer to “homeowner associations”, you will not find that term in California law. Many owner associations are not residential, such as commercial office condominium buildings, or mixed use developments including both residences and commercial units, so the term “HOA” really does not apply to all associations.
The law refers to “common interest developments.” The primary body of relevant statutory law is called the “Davis-Stirling Common Interest Development Act”, Civil Code Sections 1350 through 1378. The four varieties of common interest developments (“CID’s”) are planned development (NOT “planned unit development”), condominium, stock cooperative and community apartment (often referred to as the “own your own”). In order to be recognized as a “common interest development" and therefore fall under the CID Act, there must be a recorded declaration of covenants, and the real estate interest owned by homeowners must be tied to a mandatory membership and/or common area owned by all.
Not all “homeowner associations” are common interest developments under the CID Act. Some are simply voluntary associations of neighbors. Others begin as CID’s, but over time fall out of the CID Act because their recorded covenants expire. Many mobile home parks involve leasing of the real estate, but if you own real estate in the park, and the park has a recorded declaration, it is a CID.
Thanks for your question.
Kelly
Kelly G. Richardson is the Managing Partner of Richardson & Harman PC, a California law firm known for real estate and community association advice.Direct questions to KRichardson@RH4Law.com. For past columns, visit http://www.hoahomefront.com/. All rights reserved®.
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