HOA - CALIFORNIA COMMON INTEREST DEVELOPMENT ACT

PROVISIONS:

Article 1. Preliminary Provisions
§13.50. Title of Act.
§1350.5. Impact of Headings.
§1350.7. Delivery.
 
Article 2.
 
Definition
§1351. Definitions.

DOCUMENTS:

Article 1. Creation
§1352. Creation of Common Interest Development.
§1352.5. Restrictive Covenant.
§1353. Contents of Declaration.
§1353.5. Display of American Flag.
§1353.6. Banners & Posters.
§1353.7. Fire Retardant Roofs.
§1353.8. Low Water-Using Plants.


Article 2. Enforcement
§1354. Covenants and Restrictions in Declaration as Equitable Servitudes.
§1355. Amendment of Declaration.
§1355.5. Amendment of Governing Documents to Delete Developer Provisions.
§1356. Amendment of Declaration; Petition; Contents; Filing; Findings by Court; Power of Court to Approve Amendment; Recording Amendment; Mailing.
§1357. Extension of Term of Declaration.


Article 3. Operating Rules
§1357.100. Definitions.
§1357.110. Operating Rules.
§1357.120. Exceptions from Rule Provisions.
§1357.130. Notice; Proposed Rule Changes.
§1357.140. Special Meeting of Members to Rescind New Rule.
§1357.150. Effective Date of Rule Provisions.



Ownership Rights & 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 Pets.
§1361. Rights and Easements of Ingress, Egress, and Support.
§1361.5. Owners' Right of Access.
§1362. Ownership of Common Areas.

GOVERNANCE:

Article 1. Association
§1363. Community Association Management; Access to Association Records; Schedule of Monetary Penalties for Violations.
§1363.001.
Online Education for Directors.
§1363.005.
Disclosure Document Index..
Article 2. Elections & Meetings
§1363.03. Director Elections.
§1363.04. Campaign Funds.
§1363.05. Common Interest Development Open Meeting Act.
§1363.07. Common Area Property Grants by a Homeowners Association.
§1363.09. Civil Actions Pertaining to Elections.


Article 3. Managing agents
§1363.1. Prospective Managing Agent; Written Disclosures; Duration of Section.
§1363.2. Managing Agent; Deposit of Funds Received; Requirements; Separate Record; Commingling of Funds.
§1363.6. Identification and Registration of Community Associations.


Article 4. Dispute resolution procedure
§1363.810. Disputes Between an Association and its Members.
§1363.820. Use of Local Dispute Resolution Programs.
§1363.830. Minimum Requirements.
§1363.840. Fair, Reasonable Expeditious Procedure.
§1363.850. Notice Requirements.

OPERATIONS:

Article 1. Common areas
§1364. Responsibility for Repair, Replacement, or Maintenance; Damage by Wood-Destroying Pests or Organisms; Cost Allocation; Notice of Repair Requirements; Access for Maintenance of Telephone Wiring.


Article 2. Fiscal Matters
§1365. Documents that Must Be Prepared and Distributed by the Association.
§1365.1. Statutory Notice - Assessment Collection and Foreclosure.
§1365.2. Association Records Defined and Access Rights.
§1365.2.5. Disclosure Form.
§1365.3. Community Service Organization Disclosure.
§1365.5. Board of Directors; Duties; Operating and Reserve Accounts; Borrowing From Reserve Accounts; Notice to Members.


Article 3. Insurance
§1365.7. Tortious Act or Omission of Volunteer Officer or Director of Association Managing Residential Development; Liability; Criteria; Limitations.
§1365.9. General Liability Insurance Requirements for Limited Owner Immunity.
 
 
Article 4.
 
 
Assessments
§1366. Levy of Assessments; Limitation on Increases; Delinquent Assessments; Interest
§1366.1. Imposition or Collection of Assessments or Fees; Limit on Amount.
§1366.2. Assessment Collection Statements.
§1367. Assessments; Debt of Owner; Lien; Notice; Enforcement of Lien; Application of Section.
§1367.1. Assessment Collection & Foreclosure; Effective on or After January 1, 2003.
§1367.4. Limitations on Use of Non-judicial Foreclosure.
§1367.5. Reversal of Charges for Erroneous Liens.

INTERESTS:

§1368. Documents to be provided to prospective purchaser; Civil penalties for willful violations; Attorney fees.
§1368.1. Restrictions on Marketing of Separate Interests.

CIVIL ACTIONS & LIENS:

Article 1. Common Areas
§1368.3. Standing to Sue.
§1368.4. Setoffs for Comparative Fault.
§1368.5. Written Notice of Construction Defect Lawsuit and Meeting.
§1369. Liens for Labor and Materials.


Article 2.

Alternative Dispute Resolution

§1369.510. Definitions.
§1369.520. Lawsuits for Enforcement or Damages.
§1369.530. Requests for Resolution.
§1369.540. Payment of Costs and Deadlines.
§1369.550. Tolling.
§1369.560. Certification by Plaintiff.
§1369.570. Stipulation for ADR.
§1369.580. Awarding Attorney Fees.
§1369.590. Annual Notice of ADR Rights.

CONSTRUCTION OF INSTRUMENTS & 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; Developments with No Common Area.

LITIGATION:

§1375. Construction Defects Claim; Pre-filing Procedures and Requirements.
§1375.05. Design and Construction Defects; Procedures in Litigation.
§1375.1. Notice of Construction Defect Settlement to Association Members.

IMPROVEMENTS:

§1376. Restrictions on Installation or Use of Video or Television Antennas or Satellite Dish Systems; Enforceability Based on Size; Reasonable Restrictions; Application for Approval.
§1378. Architectural Review Process

©2007 - 2012 Richardson Harman Ober PC - All Rights Reserved.