Chapter 1 - General Provisions
Article 1 - Preliminary Provisions [4000 - 4070] | | Section Name | Section Number |
|---|
| Title of act | § 4000 |
| Scope, meaning or intent of act | § 4005 |
| Document prepared or action taken before effective date not invalidated | § 4010 |
| Construction of local zoning ordinance | § 4020 |
| Document required to be delivered to association | § 4035 |
| Delivery of document by individual delivery or individual notice (§ 4040) | § 4040 |
| Written notice to association | § 4041 |
| Act requiring general delivery or general notice | § 4045 |
| Document delivered by mail or electronic means | § 4050 |
| Electronic delivery satisfies writing requirement | § 4055 |
| Approval of act by majority of members | § 4065 |
| Approval of act by majority of quorum of members | § 4070 |
Article 2. Definitions [4075 - 4190] | | Section Name | Section Number |
|---|
| Generally | § 4075 |
| Annual budget report | § 4076 |
| Annual policy statement | § 4078 |
| Association | § 4080 |
| Board | § 4085 |
| Board meeting | § 4090 |
| Common area | § 4095 |
| Common interest development | § 4100 |
| Community apartment project | § 4105 |
| Community service organization or similar entity | § 4110 |
| Condominium plan | § 4120 |
| Condominium project | § 4125 |
| Declarant | § 4130 |
| Declaration | § 4135 |
| Director | § 4140 |
| Exclusive use common area | § 4145 |
| General notice | § 4148 |
| Governing documents | § 4150 |
| Individual notice | § 4153 |
| Item of business | § 4155 |
| Managing agent | § 4158 |
| Member | § 4160 |
| Person | § 4170 |
| Planned development | § 4175 |
| Reserve accounts | § 4177 |
| Reserve account requirements | § 4178 |
| Separate interest | § 4185 |
| Stock cooperative | § 4190 |
Chapter 2. Application of Act | | Section Name | Section Number |
|---|
| Creation of common interest development | § 4200 |
| Inapplicability to development without common area | § 4201 |
| Inapplicability to commercial or industrial development | § 4202 |
Chapter 3 - Governing Documents | Article 1. General Provisions [4205 - 4235] | | Section Name | Section Number |
|---|
| Conflicts between documents | § 4205 |
| Statement identifying relevant information for association | § 4210 |
| Liberal construction of deed, declaration or condominium plan | § 4215 |
| Physical boundaries of unit or condominium project | § 4220 |
| Restrictive covenants | § 4225 |
| Deletion from governing documents provisions designed to facilitate developer in completing construction or marketing | § 4230 |
| Amendment of governing documents to correct reference to Davis-Stirling Common Interest Development Act | § 4235 |
Article 2. Declaration [4250 - 4275] | | Section Name | Section Number |
|---|
| Content requirements | § 4250 |
| Development located within airport influence area | § 4255 |
| Amendment if declaration fails to include provisions permitting amendment | § 4260 |
| Extension of declaration before termination date | § 4265 |
| Requirements for amendment to be effective | § 4270 |
| Procedure for amending declaration | § 4275 |
Article 3. Articles of Incorporation [4280- 4280.] | | Section Name | Section Number |
|---|
| Statement included in articles | § 4280 |
Article 4. Condominium Plan [4285 - 4295] | | Section Name | Section Number |
|---|
| Content requirements | § 4285 |
| Certificate consenting to recordation of plan | § 4290 |
| Amendment or revocation | § 4295 |
Article 5. Operating Rules [4340 - 4370] | | Section Name | Section Number |
|---|
| Definitions | § 4340 |
| Requirements | § 4350 |
| Applicability of sections 4360 and 4365 | § 4355 |
| Proposed rule change | § 4360 |
| Reversal of rule change | § 4365 |
| Applicability to rule change on or after January 1, 2004 | § 4370 |
Chapter 4. Ownership and Transfer of Interests | Article 1. Ownership Rights and Interests [4500 - 4515] | | Section Name | Section Number |
|---|
| Ownership of common area | § 4500 |
| Rights of ingress, egress and support | § 4505 |
| Restricting access to owner's separate interest | § 4510 |
| Rights of members and residents of common interest developments | § 4515 |
Article 2. Transfer Disclosure [4525 - 4545] | | Section Name | Section Number |
|---|
| Documents provided purchaser of separate interest before transfer of title or execution of sales contract | § 4525 |
| Form for billing disclosures | § 4528 |
| Providing owner of separate interest copy of documents | § 4530 |
| Compliance with sections 1133 and 1134 | § 4535 |
| Liability of person willfully violating article | § 4540 |
| Validity of title to real property transferred in violation of article | § 4545 |
Article 3. Transfer Fee [4575 - 4580] | | Section Name | Section Number |
|---|
| Assessment, penalty or fee imposed in connection to transfer | § 4575 |
| Services provided under declaration of trust | § 4580 |
Article 4. Restrictions on Transfer [4600 - 4620] | | Section Name | Section Number |
|---|
| Vote required for granting exclusive use of common area by member | § 4600 |
| Civil action for declaratory or equitable relief for violation of section 4600; attorney's fees and costs, civil penalty | § 4605 |
| Partition | § 4610 |
| Lien for labor performed or services or materials furnished | § 4615 |
| Notice to members of lien | § 4620 |
Article 5. Transfer of Separate Interest [4625 - 4650] | | Section Name | Section Number |
|---|
| Community apartment project | § 4625 |
| Condominium project | § 4630 |
| Planned development | § 4635 |
| Stock cooperative | § 4640 |
| Transfer of exclusive use areas | § 4645 |
| Restrictions upon severability of component interest | § 4650 |
Chapter 5. Property Use and Maintenance | Article 1. Protected Uses [4700 - 4753] | | Section Name | Section Number |
|---|
| Generally | § 4700 |
| Display of United States flag | § 4705 |
| Restrictions on display of religious items on entry door | § 4706 |
| Posting or displaying noncommercial signs, posters flags or banners | § 4710 |
| Pets | § 4715 |
| Fire retardant roof | § 4720 |
| Installation or use of video or television antenna including satellite dish | § 4725 |
| Restricting owner's ability to market owner's interest | § 4730 |
| Water use | § 4735 |
| Provisions in governing documents regarding pressure washing | § 4736 |
| Rental or leasing of separate interests | § 4740 |
| Common interest development | § 4741 |
| Installation of electric vehicle charging station | § 4745 |
| Prohibitions or restrictions on installation or use of electric vehicle charging stations within owner's unit or of an EV-dedicated TOU meter void | § 4745.1 |
| Review of requests to install solar system on multifamily common area roof | § 4746 |
| Certain covenants, restrictions, and conditions void and unenforceable | § 4747 |
| Unreasonable restriction on personal agriculture | § 4750 |
| Prohibited restrictions on transfer or sale of any interest in a planned development | § 4751 |
| Prohibitions regarding use of clotheslines or drying racks; enforceability | § 4753 |
Article 2. Modification of Separate Interest [4760 - 4765] | | Section Name | Section Number |
|---|
| Improvements or alterations within boundaries of separate interest; facilitating access to disabled | § 4760 |
| Requirements in approving or disapproving physical change to separate interest | § 4765 |
Article 3. Maintenance [4775 - 4790] | | Section Name | Section Number |
|---|
| Responsibility for repair, replacing or maintaining common area, maintaining separate interest; costs of temporary relocation | § 4775 |
| Notice for application of pesticide | § 4777 |
| Repair or maintenance occasioned by wood-destroying pests or organisms | § 4780 |
| Temporary summary removal as necessary for treatment of wood-destroying pests or organisms | § 4785 |
| Maintaining internal and external telephone wiring | § 4790 |
Chapter 6. Association Governance | Article 1. Association Existence and Powers [4800 - 4820] | | Section Name | Section Number |
|---|
| Generally | § 4800 |
| Exercise of powers granted to nonprofit mutual benefit corporation | § 4805 |
| Consolidation of functions under joint neighborhood association or similar organization | § 4820 |
Article 2. Board Meeting [4900 - 4955] | | Section Name | Section Number |
|---|
| Title of act | § 4900 |
| Taking action on item outside of meeting prohibited; meeting via electronic transmission prohibited | § 4910 |
| Notice of meeting; emergency meeting | § 4920 |
| Calling emergency meeting | § 4923 |
| Members entitled to attend; teleconference meetings; member permitted to speak at meeting | § 4925 |
| Placement of item on agenda required for board discussion; exceptions | § 4930 |
| Executive sessions | § 4935 |
| Availability of minutes to members | § 4950 |
| Civil action for declaratory or equitable relief for violation; attorney's fees and costs, civil penalty | § 4955 |
Article 3. Member Meeting [5000- 5000] | | Section Name | Section Number |
|---|
| Generally | § 5000 |
Article 4. Member Election [5100 - 5145] | | Section Name | Section Number |
|---|
| Generally | § 5100 |
| Election by acclamation | § 5103 |
| Adoption of rules | § 5105 |
| Inspectors of elections | § 5110 |
| Nominations; voting | § 5115 |
| Counting and tabulating votes | § 5120 |
| Custody of sealed ballots; recount | § 5125 |
| Proxies | § 5130 |
| Funds of association used for campaign purposes prohibited | § 5135 |
| Civil action for violation | § 5145 |
Article 5. Record Inspection [5200 - 5240] | | Section Name | Section Number |
|---|
| Definitions | § 5200 |
| Inspection and copying of records members | § 5205 |
| Time periods for inspection and granting access | § 5210 |
| Withholding or redacting information | § 5215 |
| Safe at Home program: homeowners' associations | § 5216 |
| Opt out of sharing member's name, property address, email address, and mailing address | § 5220 |
| Requesting membership list | § 5225 |
| Selling or using for commercial purposes | § 5230 |
| Action to enforce right to inspect and copy | § 5235 |
| Applicability of article | § 5240 |
Article 6. Recordkeeping [5260 - 5260] | | Section Name | Section Number |
|---|
| Requests delivered in writing to association | § 5260 |
Article 7. Annual Reports [5300 - 5320] | | Section Name | Section Number |
|---|
| Annual budget report | § 5300 |
| Review of financial statement of association | § 5305 |
| Annual policy statement | § 5310 |
| Delivery of report to members | § 5320 |
Article 8. Conflict of Interest [5350 - 5350] | | Section Name | Section Number |
|---|
| Applicability of Corporations Code provisions to contracts; matters director or member not to vote on | § 5350 |
Article 9. Managing Agent [5375 - 5385] | | Section Name | Section Number |
|---|
| Statement provided by prospective managing agent to board | § 5375 |
| Disclosure of conflicts of interest | § 5375.5 |
| Delivery of disclosures | § 5376 |
| Deposit of funds into trust fund; deposit into interest-bearing account; commingling funds | § 5380 |
| Full-time employee not managing agent | § 5385 |
Article 10. Government Assistance [5400 - 5405] | | Section Name | Section Number |
|---|
| Online education course for board | § 5400 |
| [Operative Until 1/1/2023] Information concerning association and development submitted to Secretary of State | § 5405 |
| [Operative 1/1/2023] Information concerning association and development submitted to Secretary of State | § 5405 |
Article 11. Emergency Powers and Procedures [5450 - 5450] | | Section Name | Section Number |
|---|
| Emergency powers and procedures | § 5450 |
Chapter 7. Finances | Article 1. Accounting [5500 - 5502] | | Section Name | Section Number |
|---|
| Duties of board | § 5500 |
| Review requirements | § 5501 |
| Transfers from reserve or operating accounts | § 5502 |
Article 2. Use of Reserve Funds [5510 - 5520] | | Section Name | Section Number |
|---|
| Signatures required to withdraw funds; uses of funds allowed | § 5510 |
| Temporary transfer of funds to general operating fund | § 5515 |
| Notice of use of fund to pay for litigation expenses; accounting of expenses | § 5520 |
Article 3. Reserve Planning [5550 - 5580] | | Section Name | Section Number |
|---|
| Inspection of accessible areas as part of study of reserve account requirements | § 5550 |
| Visual inspection of exterior elevated elements by structural engineer or architect | § 5551 |
| Adoption of plan; assessment increase | § 5560 |
| Summary of reserves requirements | § 5565 |
| Assessment and reserve funding disclosure summary | § 5570 |
| Report describing administrative costs and identification of payees of costs | § 5580 |
Chapter 8. Assessments and Assessment Collection | Article 1. Establishment and Imposition of Assessments [5600 - 5625] | | Section Name | Section Number |
|---|
| Generally | § 5600 |
| Annual increase in regular assessments | § 5605 |
| Assessment increase necessary for emergency situations | § 5610 |
| Notice to members of increase | § 5615 |
| Exemption of regular assessment from execution by judgment creditor | § 5620 |
| Levy of assessments based on taxable value of separate interests | § 5625 |
Article 2. Assessment Payment and Delinquency [5650 - 5690] | | Section Name | Section Number |
|---|
| Debt of owner of separate interest; delinquent assessments | § 5650 |
| Application of payments made by owner; receipt for payment; mailing address for overnight payments | § 5655 |
| Disputed charge or sum levied | § 5658 |
| Notice prior to recording lien | § 5660 |
| Meeting with board to discuss payment plan | § 5665 |
| Dispute resolution pursuant to meet and confer program | § 5670 |
| Decision to record lien made by board | § 5673 |
| Lien on owner's separate interest in common interest development | § 5675 |
| Priority of lien created pursuant to section 5675 | § 5680 |
| Recording lien release or notice of rescission | § 5685 |
| Failure of association to comply with article's procedures | § 5690 |
Article 3. Assessment Collection [5700 - 5740] | | Section Name | Section Number |
|---|
| Generally | § 5700 |
| Dispute resolution prior to foreclosure; decision to initiate foreclosure; notice | § 5705 |
| Sale by trustee; notice of default; trustee's fees | § 5710 |
| Right of redemption | § 5715 |
| Collection of debt amounting to less than $1,000 | § 5720 |
| Lien of monetary charge imposed for association's costs in repair of damage to common area | § 5725 |
| Notice of assessments and foreclosure in annual policy statement | § 5730 |
| Assignment or pledge of association's right to collect payments or assessments | § 5735 |
| Law governing lien created before January 1, 2003 | § 5740 |
Chapter 9. Insurance and Liability | | Section Name | Section Number |
|---|
| Liability of volunteer officer or volunteer director | § 5800 |
| Action in tort against owner of separate interest arising by reason ownership interest in common area | § 5805 |
| Fidelity bond coverage | § 5806 |
| Notice of lapse, cancellation or nonrenewal, restoration or replacement of policies | § 5810 |
Chapter 10. Dispute Resolution and Enforcement | Article 1. Discipline and Cost Reimbursem*nt [5850 - 5865] | | Section Name | Section Number |
|---|
| Schedule of monetary penalties | § 5850 |
| Notice of meeting to consider imposing discipline or monetary charge on member; imposition of discipline or monetary charge | § 5855 |
| Imposition of monetary charge for violation of governing documents | § 5865 |
Article 2. Internal Dispute Resolution [5900 - 5920] | | Section Name | Section Number |
|---|
| Applicability of article | § 5900 |
| Fair, reasonable and expeditious procedure provided for resolving disputes | § 5905 |
| Requirements of dispute resolution procedure | § 5910 |
| Civil action where member has requested dispute resolution | § 5910.1 |
| Procedure when association does not provide for dispute resolution procedure | § 5915 |
| Annual policy statement to include description of process | § 5920 |
Article 3. Alternative Dispute Resolution Prerequisite to Civil Action [5925 - 5965] | | Section Name | Section Number |
|---|
| Definitions | § 5925 |
| Submission of dispute to dispute resolution before filing enforcement action in superior court | § 5930 |
| Service of request for resolution | § 5935 |
| Time for completion of dispute resolution; form of resolution; costs | § 5940 |
| Tolling of time limitation for commencement of enforcement action | § 5945 |
| Certificate filed with initial pleading at time of commencing enforcement action | § 5950 |
| Referral of enforcement action to dispute resolution | § 5955 |
| Refusal to participate in dispute resolution considered in awarding attorney's fees and costs | § 5960 |
| Summary of article's provisions provided members annually | § 5965 |
Article 4. Civil Action [5975 - 5986] | | Section Name | Section Number |
|---|
| Covenants and restriction enforceable equitable servitudes | § 5975 |
| Association's standing | § 5980 |
| Comparative fault | § 5985 |
| Standing for association to institute, defend, settle, or intervene in litigation, arbitration, mediation, or administrative proceedings without joining with its members | § 5986 |
Chapter 11. Construction Defect Litigation | | Section Name | Section Number |
|---|
| Requirements before association files complaint | § 6000 |
| Notice and disclosure to members that matter resolved | § 6100 |
| Notice to members of meeting to discuss filing civil action | § 6150 |
