Civil Code

Part 15 of 20 · provisions 2,801–3,000

This section names the act the Civil Code of the State of California and says it is divided into four parts.

Jurisdiction: United States — California
Instrument: Code
Citation: CIV
Version: Undated source snapshot
Language: en
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Occupancy can create title, but that title is subject to listed superior claims and does not by itself let the occupant bring or keep a quiet title action unless prescription has matured the title. Occupancy for the time required by the Code of Civil Procedure can create title by prescription, except for property dedicated to public use or owned by the state or a public entity. A use of land does not become a prescriptive easement if the owner posts notice signs at each entrance or every 200 feet along the boundary. Public use of private property does not create a permanent vested right unless there is an express written irrevocable offer of dedication that is accepted as required; special rules apply to certain coastal property. A person who in good faith and by mistake affixes improvements to another’s land may remove them, but must pay damages as required.

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Provisions of Civil Code

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46.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. )
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Slander is a false, unprivileged spoken or broadcast statement that fits one of the listed harmful categories.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. ) ## 46. Slander is a false and unprivileged publication, orally uttered, and also communications by radio or any mechanical or other means which: 1. Charges any person with crime, or with having been indicted, convicted, or punished for crime; 2. Imputes in him the present existence of an infectious, contagious, or loathsome disease; 3. Tends directly to injure him in respect to his office, profession, trade or business, either by imputing to him general disqualification in those respects which the office or other occupation peculiarly requires, or by imputing something with reference to his office, profession, trade, or business that has a natural tendency to lessen its profits; 4. Imputes to him impotence or a want of chastity; or 5. Which, by natural consequence, causes actual damage. (Amended by Stats. 1945, Ch. 1489.)
4600.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 4. Ownership and Transfer of Interests [4500 - 4650] ( Chapter 4 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 4. Restrictions on Transfer [4600 - 4620] ( Article 4 added by Stats. 2012, Ch. 180, Sec. 2. )
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A board may grant exclusive use of common area only if members approve by at least 67%, unless the governing documents set a different percentage or an exception applies.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 4. Ownership and Transfer of Interests [4500 - 4650] ( Chapter 4 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 4. Restrictions on Transfer [4600 - 4620] ( Article 4 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4600. (a) Unless the governing documents specify a different percentage, the affirmative vote of members owning at least 67 percent of the separate interests in the common interest development shall be required before the board may grant exclusive use of any portion of the common area to a member. (b) Subdivision (a) does not apply to the following actions: (1) A reconveyance of all or any portion of that common area to the subdivider to enable the continuation of development that is in substantial conformance with a detailed plan of phased development submitted to the Real Estate Commissioner with the application for a public report. (2) Any grant of exclusive use that is in substantial conformance with a detailed plan of phased development submitted to the Real Estate Commissioner with the application for a public report or in accordance with the governing documents approved by the Real Estate Commissioner. (3) Any grant of exclusive use that is for any of the following reasons: (A) To eliminate or correct engineering errors in documents recorded with the county recorder or on file with a public agency or utility company. (B) To eliminate or correct encroachments due to errors in construction of any improvements. (C) To permit changes in the plan of development submitted to the Real Estate Commissioner in circumstances where the changes are the result of topography, obstruction, hardship, aesthetic considerations, or environmental conditions. (D) To fulfill the requirement of a public agency. (E) To transfer the burden of management and maintenance of any common area that is generally inaccessible and not of general use to the membership at large of the association. (F) To accommodate a disability. (G) To assign a parking space, storage unit, or other amenity, that is designated in the declaration for assignment, but is not assigned by the declaration to a specific separate interest. (H) To install and use an electric vehicle charging station in an owner’s garage or a designated parking space that meets the requirements of Section 4745, where the installation or use of the charging station requires reasonable access through, or across, the common area for utility lines or meters. (I) To install and use an electric vehicle charging station through a license granted by an association under Section 4745. (J) To install and use a solar energy system on the common area roof of a residence that meets the requirements of Sections 714, 714.1, and, if applicable, Section 4746. (K) To comply with governing law. (c) Any measure placed before the members requesting that the board grant exclusive use of any portion of the common area shall specify whether the association will receive any monetary consideration for the grant and whether the association or the transferee will be responsible for providing any insurance coverage for exclusive use of the common area. (Amended by Stats. 2017, Ch. 818, Sec. 2. (AB 634) Effective January 1, 2018.)
4605.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 4. Ownership and Transfer of Interests [4500 - 4650] ( Chapter 4 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 4. Restrictions on Transfer [4600 - 4620] ( Article 4 added by Stats. 2012, Ch. 180, Sec. 2. )
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A member of an association may sue for declaratory or equitable relief for a violation of Section 4600 within one year after the claim accrues, and a prevailing member may recover reasonable attorney’s fees and court costs.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 4. Ownership and Transfer of Interests [4500 - 4650] ( Chapter 4 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 4. Restrictions on Transfer [4600 - 4620] ( Article 4 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4605. (a) A member of an association may bring a civil action for declaratory or equitable relief for a violation of Section 4600 by the association, including, but not limited to, injunctive relief, restitution, or a combination thereof, within one year of the date the cause of action accrues. (b) A member who prevails in a civil action to enforce the member’s rights pursuant to Section 4600 shall be entitled to reasonable attorney’s fees and court costs, and the court may impose a civil penalty of up to five hundred dollars ($500) for each violation, except that each identical violation shall be subject to only one penalty if the violation affects each member equally. A prevailing association shall not recover any costs, unless the court finds the action to be frivolous, unreasonable, or without foundation. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
4610.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 4. Ownership and Transfer of Interests [4500 - 4650] ( Chapter 4 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 4. Restrictions on Transfer [4600 - 4620] ( Article 4 added by Stats. 2012, Ch. 180, Sec. 2. )
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A condominium project’s common area must stay undivided, and partition by court order is limited to sale of the whole project when the statute’s conditions are met.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 4. Ownership and Transfer of Interests [4500 - 4650] ( Chapter 4 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 4. Restrictions on Transfer [4600 - 4620] ( Article 4 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4610. (a) Except as provided in this section, the common area in a condominium project shall remain undivided, and there shall be no judicial partition thereof. Nothing in this section shall be deemed to prohibit partition of a cotenancy in a condominium. (b) The owner of a separate interest in a condominium project may maintain a partition action as to the entire project as if the owners of all of the separate interests in the project were tenants in common in the entire project in the same proportion as their interests in the common area. The court shall order partition under this subdivision only by sale of the entire condominium project and only upon a showing of one of the following: (1) More than three years before the filing of the action, the condominium project was damaged or destroyed, so that a material part was rendered unfit for its prior use, and the condominium project has not been rebuilt or repaired substantially to its state prior to the damage or destruction. (2) Three-fourths or more of the project is destroyed or substantially damaged and owners of separate interests holding in the aggregate more than a 50-percent interest in the common area oppose repair or restoration of the project. (3) The project has been in existence more than 50 years, is obsolete and uneconomic, and owners of separate interests holding in the aggregate more than a 50-percent interest in the common area oppose repair or restoration of the project. (4) Any conditions in the declaration for sale under the circumstances described in this subdivision have been met. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
4615.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 4. Ownership and Transfer of Interests [4500 - 4650] ( Chapter 4 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 4. Restrictions on Transfer [4600 - 4620] ( Article 4 added by Stats. 2012, Ch. 180, Sec. 2. )
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A separate interest owner may remove that interest from a lien by paying the lienholder’s attributable share or recording a lien release bond for 125% of the secured sum.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 4. Ownership and Transfer of Interests [4500 - 4650] ( Chapter 4 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 4. Restrictions on Transfer [4600 - 4620] ( Article 4 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4615. (a) In a common interest development, no labor performed or services or materials furnished with the consent of, or at the request of, an owner in the common interest development or the owners’ agent or contractor shall be the basis for the filing of a lien against any other property of another owner in the common interest development unless that other owner has expressly consented to or requested the performance of the labor or furnishing of the materials or services. However, express consent is deemed to have been given by the owner of any separate interest in the case of emergency repairs thereto. (b) Labor performed or services or materials furnished for the common area, if duly authorized by the association, are deemed to be performed or furnished with the express consent of each separate interest owner. (c) The owner of any separate interest may remove that owner’s separate interest from a lien against two or more separate interests or any part thereof by doing either of the following: (1) Pay to the holder of the lien the fraction of the total sum secured by the lien that is attributable to the owner’s separate interest. (2) Record a lien release bond, pursuant to Section 8424, in an amount equal to 125 percent of the sum secured by the lien that is attributable to the owner’s separate interest. (Amended by Stats. 2018, Ch. 92, Sec. 38. (SB 1289) Effective January 1, 2019.)
4620.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 4. Ownership and Transfer of Interests [4500 - 4650] ( Chapter 4 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 4. Restrictions on Transfer [4600 - 4620] ( Article 4 added by Stats. 2012, Ch. 180, Sec. 2. )
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If the association is served with a claim of lien for a work of improvement on common area, it must give individual notice to the members within 60 days.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 4. Ownership and Transfer of Interests [4500 - 4650] ( Chapter 4 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 4. Restrictions on Transfer [4600 - 4620] ( Article 4 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4620. If the association is served with a claim of lien pursuant to Part 6 (commencing with Section 8000) for a work of improvement on a common area, the association shall, within 60 days of service, give individual notice to the members, pursuant to Section 4040. (Added by Stats. 2017, Ch. 44, Sec. 2. (AB 534) Effective January 1, 2018.)
4625.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 4. Ownership and Transfer of Interests [4500 - 4650] ( Chapter 4 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 5. Transfer of Separate Interest [4625 - 4650] ( Article 5 added by Stats. 2012, Ch. 180, Sec. 2. )
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This section says certain transfers of property in a community apartment project automatically include related interests.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 4. Ownership and Transfer of Interests [4500 - 4650] ( Chapter 4 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 5. Transfer of Separate Interest [4625 - 4650] ( Article 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4625. In a community apartment project, any conveyance, judicial sale, or other voluntary or involuntary transfer of the separate interest includes the undivided interest in the community apartment project. Any conveyance, judicial sale, or other voluntary or involuntary transfer of the owner’s entire estate also includes the owner’s membership interest in the association. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
4630.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 4. Ownership and Transfer of Interests [4500 - 4650] ( Chapter 4 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 5. Transfer of Separate Interest [4625 - 4650] ( Article 5 added by Stats. 2012, Ch. 180, Sec. 2. )
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In a condominium project, the common area cannot be partitioned except as allowed by Section 4610. Transfers of a separate interest also carry the undivided interest in the common area, and transfers of an owner’s entire estate also include the owner’s membership interest in the association.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 4. Ownership and Transfer of Interests [4500 - 4650] ( Chapter 4 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 5. Transfer of Separate Interest [4625 - 4650] ( Article 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4630. In a condominium project the common area is not subject to partition, except as provided in Section 4610. Any conveyance, judicial sale, or other voluntary or involuntary transfer of the separate interest includes the undivided interest in the common area. Any conveyance, judicial sale, or other voluntary or involuntary transfer of the owner’s entire estate also includes the owner’s membership interest in the association. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
4635.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 4. Ownership and Transfer of Interests [4500 - 4650] ( Chapter 4 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 5. Transfer of Separate Interest [4625 - 4650] ( Article 5 added by Stats. 2012, Ch. 180, Sec. 2. )
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In a planned development, a transfer of a separate interest includes the related undivided common-area interest, if any, and a transfer of the owner’s entire estate includes the owner’s membership interest in the association.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 4. Ownership and Transfer of Interests [4500 - 4650] ( Chapter 4 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 5. Transfer of Separate Interest [4625 - 4650] ( Article 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4635. In a planned development, any conveyance, judicial sale, or other voluntary or involuntary transfer of the separate interest includes the undivided interest in the common area, if any exists. Any conveyance, judicial sale, or other voluntary or involuntary transfer of the owner’s entire estate also includes the owner’s membership interest in the association. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
4640.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 4. Ownership and Transfer of Interests [4500 - 4650] ( Chapter 4 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 5. Transfer of Separate Interest [4625 - 4650] ( Article 5 added by Stats. 2012, Ch. 180, Sec. 2. )
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For stock cooperatives, a transfer of the separate interest also transfers the corporation ownership interest; a transfer of the owner’s entire estate also transfers the association membership interest.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 4. Ownership and Transfer of Interests [4500 - 4650] ( Chapter 4 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 5. Transfer of Separate Interest [4625 - 4650] ( Article 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4640. In a stock cooperative, any conveyance, judicial sale, or other voluntary or involuntary transfer of the separate interest includes the ownership interest in the corporation, however evidenced. Any conveyance, judicial sale, or other voluntary or involuntary transfer of the owner’s entire estate also includes the owner’s membership interest in the association. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
4645.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 4. Ownership and Transfer of Interests [4500 - 4650] ( Chapter 4 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 5. Transfer of Separate Interest [4625 - 4650] ( Article 5 added by Stats. 2012, Ch. 180, Sec. 2. )
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This section allows exclusive use areas to be transferred separately from other interests if the declaration expressly authorizes it and the transfer follows the declaration’s terms.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 4. Ownership and Transfer of Interests [4500 - 4650] ( Chapter 4 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 5. Transfer of Separate Interest [4625 - 4650] ( Article 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4645. Nothing in this article prohibits the transfer of exclusive use areas, independent of any other interest in a common interest subdivision, if authorization to separately transfer exclusive use areas is expressly stated in the declaration and the transfer occurs in accordance with the terms of the declaration. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
4650.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 4. Ownership and Transfer of Interests [4500 - 4650] ( Chapter 4 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 5. Transfer of Separate Interest [4625 - 4650] ( Article 5 added by Stats. 2012, Ch. 180, Sec. 2. )
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Restrictions on severability stated in a declaration are not treated as invalid conditions, and they cannot last longer than the period when the right to partition a project is suspended under Section 4610.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 4. Ownership and Transfer of Interests [4500 - 4650] ( Chapter 4 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 5. Transfer of Separate Interest [4625 - 4650] ( Article 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4650. Any restrictions upon the severability of the component interests in real property which are contained in the declaration shall not be deemed conditions repugnant to the interest created within the meaning of Section 711. However, these restrictions shall not extend beyond the period in which the right to partition a project is suspended under Section 4610. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
47.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. )
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Section 47 defines when a publication or broadcast is privileged and lists exceptions that remove the privilege.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. ) ## 47. A privileged publication or broadcast is one made: (a) In the proper discharge of an official duty. (b) In any (1) legislative proceeding, (2) judicial proceeding, (3) in any other official proceeding authorized by law, or (4) in the initiation or course of any other proceeding authorized by law and reviewable pursuant to Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure, except as follows: (1) An allegation or averment contained in any pleading or affidavit filed in an action for marital dissolution or legal separation made of or concerning a person by or against whom no affirmative relief is prayed in the action shall not be a privileged publication or broadcast as to the person making the allegation or averment within the meaning of this section unless the pleading is verified or affidavit sworn to, and is made without malice, by one having reasonable and probable cause for believing the truth of the allegation or averment and unless the allegation or averment is material and relevant to the issues in the action. (2) This subdivision does not make privileged any communication made in furtherance of an act of intentional destruction or alteration of physical evidence undertaken for the purpose of depriving a party to litigation of the use of that evidence, whether or not the content of the communication is the subject of a subsequent publication or broadcast which is privileged pursuant to this section. As used in this paragraph, “physical evidence” means evidence specified in Section 250 of the Evidence Code or evidence that is property of any type specified in Chapter 14 (commencing with Section 2031.010) of Title 4 of Part 4 of the Code of Civil Procedure. (3) This subdivision does not make privileged any communication made in a judicial proceeding knowingly concealing the existence of an insurance policy or policies. (4) A recorded lis pendens is not a privileged publication unless it identifies an action previously filed with a court of competent jurisdiction which affects the title or right of possession of real property, as authorized or required by law. (5) This subdivision does not make privileged any communication between a person and a law enforcement agency in which the person makes a false report that another person has committed, or is in the act of committing, a criminal act or is engaged in an activity requiring law enforcement intervention, knowing that the report is false, or with reckless disregard for the truth or falsity of the report. (c) In a communication, without malice, to a person interested therein, (1) by one who is also interested, or (2) by one who stands in such a relation to the person interested as to afford a reasonable ground for supposing the motive for the communication to be innocent, or (3) who is requested by the person interested to give the information. This subdivision applies to and includes a communication concerning the job performance or qualifications of an applicant for employment, based upon credible evidence, made without malice, by a current or former employer of the applicant to, and upon request of, one whom the employer reasonably believes is a prospective employer of the applicant. This subdivision applies to and includes a complaint of sexual harassment by an employee, without malice, to an employer based upon credible evidence and communications between the employer and interested persons, without malice, regarding a complaint of sexual harassment. This subdivision authorizes a current or former employer, or the employer’s agent, to answer, without malice, whether or not the employer would rehire a current or former employee and whether the decision to not rehire is based upon the employer’s determination that the former employee engaged in sexual harassment. This subdivision does not apply to a communication concerning the speech or activities of an applicant for employment if the speech or activities are constitutionally protected, or otherwise protected by Section 527.3 of the Code of Civil Procedure or any other provision of law. (d) (1) By a fair and true report in, or a communication to, a public journal, of (A) a judicial, (B) legislative, or (C) other public official proceeding, or (D) of anything said in the course thereof, or (E) of a verified charge or complaint made by any person to a public official, upon which complaint a warrant has been issued. (2) Paragraph (1) does not make privileged any communication to a public journal that does any of the following: (A) Violates Rule 3.6 of the State Bar Rules of Professional Conduct. (B) Breaches a court order. (C) Violates a requirement of confidentiality imposed by law. (e) By a fair and true report of (1) the proceedings of a public meeting, if the meeting was lawfully convened for a lawful purpose and open to the public, or (2) the publication of the matter complained of was for the public benefit. (Amended by Stats. 2023, Ch. 131, Sec. 9. (AB 1754) Effective January 1, 2024.)
47.1.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. )
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An individual’s non-malicious communication about sexual assault, harassment, or discrimination is privileged. A prevailing defendant in a defamation case based on such a communication can recover attorney’s fees, costs, treble damages, and other available relief.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. ) ## 47.1. (a) A communication made by an individual, without malice, regarding an incident of sexual assault, harassment, or discrimination is privileged under Section 47. (b) A prevailing defendant in any defamation action brought against that defendant for making a communication that is privileged under this section shall be entitled to their reasonable attorney’s fees and costs for successfully defending themselves in the litigation, plus treble damages for any harm caused to them by the defamation action against them, in addition to punitive damages available under Section 3294 or any other relief otherwise permitted by law. (c) This section shall only apply to an individual that has, or at any time had, a reasonable basis to file a complaint of sexual assault, harassment, or discrimination, whether the complaint is, or was, filed or not. (d) For the purposes of this section, “communication” means factual information related to an incident of sexual assault, harassment, or discrimination experienced by the individual making the communication, including, but not limited to, any of the following: (1) An act of sexual assault. (2) An act of sexual harassment, as described in Section 51.9. (3) An act of workplace harassment or discrimination, failure to prevent an act of workplace harassment or discrimination, aiding, abetting, inciting, compelling, or coercing an act of workplace harassment or discrimination, or an act of retaliation against a person for reporting or opposing workplace harassment or discrimination, as described in subdivision (a), (h), (i), (j), or (k) of Section 12940 of the Government Code. (4) An act of harassment or discrimination, or an act of retaliation against a person for reporting harassment or discrimination, by the owner of a housing accommodation, as described in Section 12955 of the Government Code. (5) An act of sexual harassment, as defined in Sections 212.5 and 66262.5 of the Education Code. (6) An act of harassment or discrimination, or an act of retaliation against a person for reporting harassment or discrimination, based on any of the protected classes enumerated in Sections 220, 221.51, and 66270 of the Education Code. (7) An act of cyber sexual bullying, as defined in Section 48900 of the Education Code. (Added by Stats. 2023, Ch. 670, Sec. 1. (AB 933) Effective January 1, 2024.)
47.5.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. )
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A peace officer may sue for defamation over a false complaint made to the officer’s employing agency if the complaint was knowingly false and made with spite, hatred, or ill will.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. ) ## 47.5. Notwithstanding Section 47, a peace officer may bring an action for defamation against an individual who has filed a complaint with that officer’s employing agency alleging misconduct, criminal conduct, or incompetence, if that complaint is false, the complaint was made with knowledge that it was false and that it was made with spite, hatred, or ill will. Knowledge that the complaint was false may be proved by a showing that the complainant had no reasonable grounds to believe the statement was true and that the complainant exhibited a reckless disregard for ascertaining the truth. (Added by Stats. 1982, Ch. 1588, Sec. 1.)
4700.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 5. Property Use and Maintenance [4700 - 4790] ( Chapter 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Protected Uses [4700 - 4753] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. )
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This article limits how an association or its governing documents may regulate a member’s separate interest.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 5. Property Use and Maintenance [4700 - 4790] ( Chapter 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Protected Uses [4700 - 4753] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4700. This article includes provisions that limit the authority of an association or the governing documents to regulate the use of a member’s separate interest. Nothing in this article is intended to affect the application of any other provision that limits the authority of an association to regulate the use of a member’s separate interest, including, but not limited to, the following provisions: (a) Sections 712 and 713, relating to the display of signs. (b) Sections 714 and 714.1, relating to solar energy systems. (c) Section 714.5, relating to structures that are constructed offsite and moved to the property in sections or modules. (d) Sections 782, 782.5, and 6150 of this code and Section 12956.1 of the Government Code, relating to racial restrictions. (e) Section 12927 of the Government Code, relating to the modification of property to accommodate a disability. (f) Section 1597.40 of the Health and Safety Code, relating to the operation of a family day care home. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
4705.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 5. Property Use and Maintenance [4700 - 4790] ( Chapter 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Protected Uses [4700 - 4753] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. )
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Governing documents generally may not restrict a member’s display of the U.S. flag in the member’s separate interest or exclusive use common area, except for public health or safety reasons.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 5. Property Use and Maintenance [4700 - 4790] ( Chapter 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Protected Uses [4700 - 4753] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4705. (a) Except as required for the protection of the public health or safety, no governing document shall limit or prohibit, or be construed to limit or prohibit, the display of the flag of the United States by a member on or in the member’s separate interest or within the member’s exclusive use common area. (b) For purposes of this section, “display of the flag of the United States” means a flag of the United States made of fabric, cloth, or paper displayed from a staff or pole or in a window, and does not mean a depiction or emblem of the flag of the United States made of lights, paint, roofing, siding, paving materials, flora, or balloons, or any other similar building, landscaping, or decorative component. (c) In any action to enforce this section, the prevailing party shall be awarded reasonable attorney’s fees and costs. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
4706.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 5. Property Use and Maintenance [4700 - 4790] ( Chapter 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Protected Uses [4700 - 4753] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. )
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A governing document generally cannot ban religious items on a member’s entry door or door frame, except as restricted by Section 1940.5.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 5. Property Use and Maintenance [4700 - 4790] ( Chapter 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Protected Uses [4700 - 4753] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4706. (a) Except as restricted in Section 1940.5, no governing document shall limit or prohibit the display of one or more religious items on the entry door or entry door frame of the member’s separate interest. (b) If an association is performing maintenance, repair, or replacement of an entry door or door frame that serves a member’s separate interest, the member may be required to remove a religious item during the time the work is being performed. After completion of the association’s work, the member may again display or affix the religious item. The association shall provide individual notice to the member regarding the temporary removal of the religious item. (Added by Stats. 2019, Ch. 154, Sec. 2. (SB 652) Effective January 1, 2020.)
4710.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 5. Property Use and Maintenance [4700 - 4790] ( Chapter 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Protected Uses [4700 - 4753] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. )
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Governing documents may not ban noncommercial signs, posters, flags, or banners in a member’s separate interest, except for public health or safety reasons or to comply with law.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 5. Property Use and Maintenance [4700 - 4790] ( Chapter 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Protected Uses [4700 - 4753] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4710. (a) The governing documents may not prohibit posting or displaying of noncommercial signs, posters, flags, or banners on or in a member’s separate interest, except as required for the protection of public health or safety or if the posting or display would violate a local, state, or federal law. (b) For purposes of this section, a noncommercial sign, poster, flag, or banner may be made of paper, cardboard, cloth, plastic, or fabric, and may be posted or displayed from the yard, window, door, balcony, or outside wall of the separate interest, but may not be made of lights, roofing, siding, paving materials, flora, or balloons, or any other similar building, landscaping, or decorative component, or include the painting of architectural surfaces. (c) An association may prohibit noncommercial signs and posters that are more than nine square feet in size and noncommercial flags or banners that are more than 15 square feet in size. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
4715.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 5. Property Use and Maintenance [4700 - 4790] ( Chapter 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Protected Uses [4700 - 4753] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. )
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Governing documents for a common interest development cannot bar an owner from keeping at least one pet, subject to reasonable association rules.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 5. Property Use and Maintenance [4700 - 4790] ( Chapter 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Protected Uses [4700 - 4753] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4715. (a) No governing documents shall prohibit the owner of a separate interest within a common interest development from keeping at least one pet within the common interest development, subject to reasonable rules and regulations of the association. This section may not be construed to affect any other rights provided by law to an owner of a separate interest to keep a pet within the development. (b) For purposes of this section, “pet” means any domesticated bird, cat, dog, aquatic animal kept within an aquarium, or other animal as agreed to between the association and the homeowner. (c) If the association implements a rule or regulation restricting the number of pets an owner may keep, the new rule or regulation shall not apply to prohibit an owner from continuing to keep any pet that the owner currently keeps in the owner’s separate interest if the pet otherwise conforms with the previous rules or regulations relating to pets. (d) For the purposes of this section, “governing documents” shall include, but are not limited to, the conditions, covenants, and restrictions of the common interest development, and the bylaws, rules, and regulations of the association. (e) This section shall become operative on January 1, 2001, and shall only apply to governing documents entered into, amended, or otherwise modified on or after that date. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
4720.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 5. Property Use and Maintenance [4700 - 4790] ( Chapter 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Protected Uses [4700 - 4753] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. )
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An association cannot require a homeowner to install or repair a roof in a way that violates the cited Health and Safety Code section, and in very high fire severity zones its governing documents must allow at least one compliant fire-retardant roof covering material.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 5. Property Use and Maintenance [4700 - 4790] ( Chapter 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Protected Uses [4700 - 4753] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4720. (a) No association may require a homeowner to install or repair a roof in a manner that is in violation of Section 13132.7 of the Health and Safety Code. (b) Governing documents of a common interest development located within a very high fire severity zone, as designated by the Director of Forestry and Fire Protection pursuant to Article 9 (commencing with Section 4201) of Chapter 1 of Part 2 of Division 4 of the Public Resources Code or by a local agency pursuant to Chapter 6.8 (commencing with Section 51175) of Part 1 of Division 1 of Title 5 of the Government Code, shall allow for at least one type of fire retardant roof covering material that meets the requirements of Section 13132.7 of the Health and Safety Code. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
4725.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 5. Property Use and Maintenance [4700 - 4790] ( Chapter 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Protected Uses [4700 - 4753] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. )
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Some restrictions on small video or television antennas in common interest developments are void, but reasonable restrictions and required approval processing rules still apply.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 5. Property Use and Maintenance [4700 - 4790] ( Chapter 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Protected Uses [4700 - 4753] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4725. (a) Any covenant, condition, or restriction contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of, or any interest in, a common interest development that effectively prohibits or restricts the installation or use of a video or television antenna, including a satellite dish, or that effectively prohibits or restricts the attachment of that antenna to a structure within that development where the antenna is not visible from any street or common area, except as otherwise prohibited or restricted by law, is void and unenforceable as to its application to the installation or use of a video or television antenna that has a diameter or diagonal measurement of 36 inches or less. (b) This section shall not apply to any covenant, condition, or restriction, as described in subdivision (a), that imposes reasonable restrictions on the installation or use of a video or television antenna, including a satellite dish, that has a diameter or diagonal measurement of 36 inches or less. For purposes of this section, “reasonable restrictions” means those restrictions that do not significantly increase the cost of the video or television antenna system, including all related equipment, or significantly decrease its efficiency or performance and include all of the following: (1) Requirements for application and notice to the association prior to the installation. (2) Requirement of a member to obtain the approval of the association for the installation of a video or television antenna that has a diameter or diagonal measurement of 36 inches or less on a separate interest owned by another. (3) Provision for the maintenance, repair, or replacement of roofs or other building components. (4) Requirements for installers of a video or television antenna to indemnify or reimburse the association or its members for loss or damage caused by the installation, maintenance, or use of a video or television antenna that has a diameter or diagonal measurement of 36 inches or less. (c) Whenever approval is required for the installation or use of a video or television antenna, including a satellite dish, the application for approval shall be processed by the appropriate approving entity for the common interest development in the same manner as an application for approval of an architectural modification to the property, and the issuance of a decision on the application shall not be willfully delayed. (d) In any action to enforce compliance with this section, the prevailing party shall be awarded reasonable attorney’s fees. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
4730.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 5. Property Use and Maintenance [4700 - 4790] ( Chapter 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Protected Uses [4700 - 4753] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. )
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An association may not use governing documents to unreasonably block an owner from marketing an interest in a common interest development, charge more than actual/direct costs for marketing-related fees, or require sales/marketing to go through an exclusive broker.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 5. Property Use and Maintenance [4700 - 4790] ( Chapter 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Protected Uses [4700 - 4753] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4730. (a) Any provision of a governing document that arbitrarily or unreasonably restricts an owner’s ability to market the owner’s interest in a common interest development is void. (b) No association may adopt, enforce, or otherwise impose any governing document that does either of the following: (1) Imposes an assessment or fee in connection with the marketing of an owner’s interest in an amount that exceeds the association’s actual or direct costs. That assessment or fee shall be deemed to violate the limitation set forth in subdivision (b) of Section 5600. (2) Establishes an exclusive relationship with a real estate broker through which the sale or marketing of interests in the development is required to occur. The limitation set forth in this paragraph does not apply to the sale or marketing of separate interests owned by the association or to the sale or marketing of common area by the association. (c) For purposes of this section, “market” and “marketing” mean listing, advertising, or obtaining or providing access to show the owner’s interest in the development. (d) This section does not apply to rules or regulations made pursuant to Section 712 or 713 regarding real estate signs. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
4735.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 5. Property Use and Maintenance [4700 - 4790] ( Chapter 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Protected Uses [4700 - 4753] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. )
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An association generally cannot fine or assess an owner for cutting back watering during a qualifying drought emergency, and the owner is not required to undo water-efficient landscaping installed for that emergency.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 5. Property Use and Maintenance [4700 - 4790] ( Chapter 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Protected Uses [4700 - 4753] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4735. (a) Notwithstanding any other law, a provision of the governing documents or architectural or landscaping guidelines or policies shall be void and unenforceable if it does any of the following: (1) Prohibits, or includes conditions that have the effect of prohibiting, the use of low water-using plants as a group or as a replacement of existing turf. (2) Prohibits, or includes conditions that have the effect of prohibiting, the use of artificial turf or any other synthetic surface that resembles grass. (3) Has the effect of prohibiting or restricting compliance with either of the following: (A) A water-efficient landscape ordinance adopted or in effect pursuant to subdivision (c) of Section 65595 of the Government Code. (B) Any regulation or restriction on the use of water adopted pursuant to Section 353 or 375 of the Water Code. (b) This section shall not prohibit an association from applying landscaping rules established in the governing documents, to the extent the rules fully conform with subdivision (a). (c) Notwithstanding any other provision of this part, except as provided in subdivision (d), an association shall not impose a fine or assessment against an owner of a separate interest for reducing or eliminating the watering of vegetation or lawns during any period for which either of the following have occurred: (1) The Governor has declared a state of emergency due to drought pursuant to subdivision (b) of Section 8558 of the Government Code. (2) A local government has declared a local emergency due to drought pursuant to subdivision (c) of Section 8558 of the Government Code. (d) Subdivision (c) shall not apply to an owner of a separate interest that, prior to the imposition of a fine or assessment described in subdivision (c), receives recycled water, as defined in Section 13050 of the Water Code, from a retail water supplier, as defined in Section 13575 of the Water Code, and fails to use that recycled water for landscaping irrigation. (e) An owner of a separate interest upon which water-efficient landscaping measures have been installed in response to a declaration of a state of emergency described in subdivision (c) shall not be required to reverse or remove the water-efficient landscaping measures upon the conclusion of the state of emergency. (Amended by Stats. 2015, Ch. 780, Sec. 2.5. (AB 786) Effective October 11, 2015.)
4736.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 5. Property Use and Maintenance [4700 - 4790] ( Chapter 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Protected Uses [4700 - 4753] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. )
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A governing document provision is void and unenforceable if it requires pressure washing during a declared drought emergency.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 5. Property Use and Maintenance [4700 - 4790] ( Chapter 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Protected Uses [4700 - 4753] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4736. (a) A provision of the governing documents shall be void and unenforceable if it requires pressure washing the exterior of a separate interest and any exclusive use common area appurtenant to the separate interest during a state or local government declared drought emergency. (b) For purposes of this section, “pressure washing” means the use of a high-pressure sprayer or hose and potable water to remove loose paint, mold, grime, dust, mud, and dirt from surfaces and objects, including buildings, vehicles, and concrete surfaces. (Added by Stats. 2014, Ch. 434, Sec. 2. (SB 992) Effective September 18, 2014.)
4739.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 5. Property Use and Maintenance [4700 - 4790] ( Chapter 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Protected Uses [4700 - 4753] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. )
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An owner in a common interest development cannot be blocked by governing documents from renting or leasing part of an owner-occupied separate interest for more than 30 days.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 5. Property Use and Maintenance [4700 - 4790] ( Chapter 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Protected Uses [4700 - 4753] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4739. (a) Notwithstanding Section 4740, an owner of a separate interest in a common interest development shall not be subject to a provision in a governing document, or amendments thereto, that prohibits the rental or leasing of a portion of the owner-occupied separate interest in that common interest development to a renter, lessee, or tenant for a period of more than 30 days. (b) Nothing in this section shall permit an owner of a separate interest or a resident renting or leasing a portion of the owner-occupied separate interest to violate any provision of the association governing documents that govern conduct in the separate interest or common areas, or that govern membership rights or privileges, including, but not limited to, parking restrictions and guest access to common facilities. (Added by Stats. 2022, Ch. 858, Sec. 3. (AB 1410) Effective January 1, 2023.)
4740.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 5. Property Use and Maintenance [4700 - 4790] ( Chapter 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Protected Uses [4700 - 4753] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. )
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An owner in a common interest development may rent or lease a separate interest unless an older governing document already prohibited it, and the owner must give the association title-date and prospective tenant contact information before renting or leasing.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 5. Property Use and Maintenance [4700 - 4790] ( Chapter 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Protected Uses [4700 - 4753] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4740. (a) An owner of a separate interest in a common interest development shall not be subject to a provision in a governing document or an amendment to a governing document that prohibits the rental or leasing of any of the separate interests in that common interest development to a renter, lessee, or tenant unless that governing document, or amendment thereto, was effective prior to the date the owner acquired title to their separate interest. (b) For purposes of this section, the right to rent or lease the separate interest of an owner shall not be deemed to have terminated if the transfer by the owner of all or part of the separate interest meets at least one of the following conditions: (1) Pursuant to Section 62 or 480.3 of the Revenue and Taxation Code, the transfer is exempt, for purposes of reassessment by the county tax assessor. (2) Pursuant to subdivision (b) of, solely with respect to probate transfers, or subdivision (e), (f), or (g) of, Section 1102.2, the transfer is exempt from the requirements to prepare and deliver a Real Estate Transfer Disclosure Statement, as set forth in Section 1102.6. (c) Prior to renting or leasing their separate interest as provided by this section, an owner shall provide the association verification of the date the owner acquired title to the separate interest and the name and contact information of the prospective tenant or lessee or the prospective tenant’s or lessee’s representative. (d) Nothing in this section shall be deemed to revise, alter, or otherwise affect the voting process by which a common interest development adopts or amends its governing documents. (Amended by Stats. 2020, Ch. 198, Sec. 1. (AB 3182) Effective January 1, 2021.)
4741.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 5. Property Use and Maintenance [4700 - 4790] ( Chapter 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Protected Uses [4700 - 4753] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. )
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This section limits rental restrictions in common interest developments and requires boards to amend affected governing documents on a timeline.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 5. Property Use and Maintenance [4700 - 4790] ( Chapter 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Protected Uses [4700 - 4753] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4741. (a) An owner of a separate interest in a common interest development shall not be subject to a provision in a governing document or an amendment to a governing document that prohibits, has the effect of prohibiting, or unreasonably restricts the rental or leasing of any of the separate interests, accessory dwelling units, or junior accessory dwelling units in that common interest development to a renter, lessee, or tenant. (b) A common interest development shall not adopt or enforce a provision in a governing document or amendment to a governing document that restricts the rental or lease of separate interests within a common interest to less than 25 percent of the separate interests. Nothing in this subdivision prohibits a common interest development from adopting or enforcing a provision authorizing a higher percentage of separate interests to be rented or leased. (c) This section does not prohibit a common interest development from adopting and enforcing a provision in a governing document that prohibits transient or short-term rental of a separate property interest for a period of 30 days or less. (d) For purposes of this section, an accessory dwelling unit or junior accessory dwelling unit shall not be construed as a separate interest. (e) For purposes of this section, a separate interest shall not be counted as occupied by a renter if the separate interest, or the accessory dwelling unit or junior accessory dwelling unit of the separate interest, is occupied by the owner. (f) A common interest development shall comply with the prohibition on rental restrictions specified in this section on and after January 1, 2021, regardless of whether the common interest development has revised their governing documents to comply with this section. Notwithstanding any other provision of law or provision of the governing documents, the board, without approval of the members, shall amend any declaration or other governing document no later than July 1, 2022, that includes a restrictive covenant prohibited by this section by either deleting or restating the restrictive covenant to be compliant with this section, and shall restate the declaration or other governing document without the restrictive covenant but with no other change to the declaration or governing document. A board shall provide general notice pursuant to Section 4045 of the amendment at least 28 days before approving the amendment. The notice shall include the text of the amendment and a description of the purpose and effect of the amendment. The decision on the amendment shall be made at a board meeting, after consideration of any comments made by association members. (g) A common interest development that willfully violates this section shall be liable to the applicant or other party for actual damages, and shall pay a civil penalty to the applicant or other party in an amount not to exceed one thousand dollars ($1,000). (h) In accordance with Section 4740, this section does not change the right of an owner of a separate interest who acquired title to their separate interest before the effective date of this section to rent or lease their property. (Amended by Stats. 2021, Ch. 360, Sec. 6. (AB 1584) Effective January 1, 2022.)
4745.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 5. Property Use and Maintenance [4700 - 4790] ( Chapter 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Protected Uses [4700 - 4753] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. )
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This section limits HOA and other recorded restrictions on electric vehicle charging stations, requires compliance and approval procedures, and sets owner, association, insurance, and penalty rules.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 5. Property Use and Maintenance [4700 - 4790] ( Chapter 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Protected Uses [4700 - 4753] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4745. (a) Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in a common interest development, and any provision of a governing document, as defined in Section 4150, that either effectively prohibits or unreasonably restricts the installation or use of an electric vehicle charging station within an owner’s unit or in a designated parking space, including, but not limited to, a deeded parking space, a parking space in an owner’s exclusive use common area, or a parking space that is specifically designated for use by a particular owner, or is in conflict with this section is void and unenforceable. (b) (1) This section does not apply to provisions that impose reasonable restrictions on electric vehicle charging stations. However, it is the policy of the state to promote, encourage, and remove obstacles to the use of electric vehicle charging stations. (2) For purposes of this section, “reasonable restrictions” are restrictions that do not significantly increase the cost of the station or significantly decrease its efficiency or specified performance. (c) An electric vehicle charging station shall meet applicable health and safety standards and requirements imposed by state and local authorities, and all other applicable zoning, land use, or other ordinances, or land use permits. (d) For purposes of this section, “electric vehicle charging station” means a station that is designed in compliance with the California Building Standards Code and delivers electricity from a source outside an electric vehicle into one or more electric vehicles. An electric vehicle charging station may include several charge points simultaneously connecting several electric vehicles to the station and any related equipment needed to facilitate charging plug-in electric vehicles. (e) If approval is required for the installation or use of an electric vehicle charging station, the application for approval shall be processed and approved by the association in the same manner as an application for approval of an architectural modification to the property, and shall not be willfully avoided or delayed. The approval or denial of an application shall be in writing. If an application is not denied in writing within 60 days from the date of receipt of the application, the application shall be deemed approved, unless that delay is the result of a reasonable request for additional information. (f) If the electric vehicle charging station is to be placed in a common area or an exclusive use common area, as designated in the common interest development’s declaration, the following provisions apply: (1) The owner first shall obtain approval from the association to install the electric vehicle charging station and the association shall approve the installation if the owner agrees in writing to do all of the following: (A) Comply with the association’s architectural standards for the installation of the charging station. (B) Engage a licensed contractor to install the charging station. (C) Within 14 days of approval, provide a certificate of insurance as required by paragraph (3). (D) Pay for both the costs associated with the installation of and the electricity usage associated with the charging station. (2) The owner and each successive owner of the charging station shall be responsible for all of the following: (A) Costs for damage to the charging station, common area, exclusive use common area, or separate interests resulting from the installation, maintenance, repair, removal, or replacement of the charging station. (B) Costs for the maintenance, repair, and replacement of the charging station until it has been removed and for the restoration of the common area after removal. (C) The cost of electricity associated with the charging station. (D) Disclosing to prospective buyers the existence of any charging station of the owner and the related responsibilities of the owner under this section. (3) The owner of the charging station, whether located within a separate unit or within the common area or exclusive use common area, shall, at all times, maintain a liability coverage policy. The owner that submitted the application to install the charging station shall provide the association with the corresponding certificate of insurance within 14 days of approval of the application. That owner and each successor owner shall provide the association with the certificate of insurance annually thereafter. (4) A homeowner shall not be required to maintain a homeowner liability coverage policy for an existing National Electrical Manufacturers Association standard alternating current power plug. (g) Except as provided in subdivision (h), installation of an electric vehicle charging station for the exclusive use of an owner in a common area, that is not an exclusive use common area, shall be authorized by the association only if installation in the owner’s designated parking space is impossible or unreasonably expensive. In such cases, the association shall enter into a license agreement with the owner for the use of the space in a common area, and the owner shall comply with all of the requirements in subdivision (f). (h) The association or owners may install an electric vehicle charging station in the common area for the use of all members of the association and, in that case, the association shall develop appropriate terms of use for the charging station. (i) An association may create a new parking space where one did not previously exist to facilitate the installation of an electric vehicle charging station. (j) An association that willfully violates this section shall be liable to the applicant or other party for actual damages, and shall pay a civil penalty to the applicant or other party in an amount not to exceed one thousand dollars ($1,000). (k) In any action by a homeowner requesting to have an electric vehicle charging station installed and seeking to enforce compliance with this section, the prevailing plaintiff shall be awarded reasonable attorney’s fees. (Amended by Stats. 2025, Ch. 525, Sec. 1. (SB 770) Effective January 1, 2026.)
4745.1.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 5. Property Use and Maintenance [4700 - 4790] ( Chapter 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Protected Uses [4700 - 4753] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. )
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Rules limit association restrictions on EV-dedicated TOU meters and require written, timely processing of installation approvals.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 5. Property Use and Maintenance [4700 - 4790] ( Chapter 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Protected Uses [4700 - 4753] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4745.1. (a) Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in a common interest development, and any provision of a governing document, as defined in Section 4150, that either effectively prohibits or unreasonably restricts the installation or use of an EV-dedicated TOU meter or is in conflict with this section is void and unenforceable. (b) (1) This section does not apply to provisions that impose reasonable restrictions on the installation of an EV-dedicated TOU meter. However, it is the policy of the state to promote, encourage, and remove obstacles to the effective installation of EV-dedicated TOU meters. (2) For purposes of this section, “reasonable restrictions” are restrictions based upon space, aesthetics, structural integrity, and equal access to these services for all homeowners, but an association shall attempt to find a reasonable way to accommodate the installation request, unless the association would need to incur an expense. (c) An EV-dedicated TOU meter shall meet applicable health and safety standards and requirements imposed by state and local authorities, and all other applicable zoning, land use, or other ordinances, or land use permits. (d) For purposes of this section, an “EV-dedicated TOU meter” means an electric meter supplied and installed by an electric utility, that is separate from, and in addition to, any other electric meter and is devoted exclusively to the charging of electric vehicles, and that tracks the time of use (TOU) when charging occurs. An “EV-dedicated TOU meter” includes any wiring or conduit necessary to connect the electric meter to an electric vehicle charging station, as defined in Section 4745, regardless of whether it is supplied or installed by an electric utility. (e) If approval is required for the installation or use of an EV-dedicated TOU meter, the application for approval shall be processed and approved by the association in the same manner as an application for approval of an architectural modification to the property, and shall not be willfully avoided or delayed. The approval or denial of an application shall be in writing. If an application is not denied in writing within 60 days from the date of receipt of the application, the application shall be deemed approved, unless that delay is the result of a reasonable request for additional information. (f) If the EV-dedicated TOU meter is to be placed in a common area or an exclusive use common area, as designated in the common interest development’s declaration, the following provisions apply: (1) The owner first shall obtain approval from the association to install the EV-dedicated TOU meter and the association shall approve the installation if the owner agrees in writing to do both of the following: (A) Comply with the association’s architectural standards for the installation of the EV-dedicated TOU meter. (B) Engage the relevant electric utility to install the EV-dedicated TOU meter and, if necessary, a licensed contractor to install wiring or conduit necessary to connect the electric meter to an EV charging station. (2) The owner and each successive owner of an EV-dedicated TOU meter shall be responsible for all of the following: (A) Costs for damage to the EV-dedicated TOU meter, common area, exclusive use common area, or separate interests resulting from the installation, maintenance, repair, removal, or replacement of the EV-dedicated TOU meter. (B) Costs for the maintenance, repair, and replacement of the EV-dedicated TOU meter until it has been removed and for the restoration of the common area after removal. (C) Disclosing to prospective buyers the existence of any EV-dedicated TOU meter of the owner and the related responsibilities of the owner under this section. (g) The association or owners may install an EV-dedicated TOU meter in the common area for the use of all members of the association and, in that case, the association shall develop appropriate terms of use for the EV-dedicated TOU meter. (h) An association that willfully violates this section shall be liable to the applicant or other party for actual damages, and shall pay a civil penalty to the applicant or other party in an amount not to exceed one thousand dollars ($1,000). (i) In any action by a homeowner requesting to have an EV-dedicated TOU meter installed and seeking to enforce compliance with this section, the prevailing plaintiff shall be awarded reasonable attorney’s fees. (Added by Stats. 2018, Ch. 376, Sec. 2. (SB 1016) Effective January 1, 2019.)
4746.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 5. Property Use and Maintenance [4700 - 4790] ( Chapter 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Protected Uses [4700 - 4753] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. )
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An association reviewing a shared-roof solar installation request must require notice to unit owners and proof of homeowner liability coverage; it may also add reasonable conditions.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 5. Property Use and Maintenance [4700 - 4790] ( Chapter 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Protected Uses [4700 - 4753] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4746. (a) When reviewing a request to install a solar energy system on a multifamily common area roof shared by more than one homeowner pursuant to Sections 714 and 714.1, an association shall require both of the following: (1) An applicant to notify each owner of a unit in the building on which the installation will be located of the application to install a solar energy system. (2) The owner and each successive owner to maintain a homeowner liability coverage policy at all times and provide the association with the corresponding certificate of insurance within 14 days of approval of the application and annually thereafter. (b) When reviewing a request to install a solar energy system on a multifamily common area roof shared by more than one homeowner pursuant to Sections 714 and 714.1, an association may impose additional reasonable provisions that: (1) (A) Require the applicant to submit a solar site survey showing the placement of the solar energy system prepared by a licensed contractor or the contractor’s registered salesperson knowledgeable in the installation of solar energy systems to determine usable solar roof area. This survey or the costs to determine useable space shall not be deemed as part of the cost of the system as used in Section 714. (B) The solar site survey shall also include a determination of an equitable allocation of the usable solar roof area among all owners sharing the same roof, garage, or carport. (2) Require the owner and each successive owner of the solar energy system to be responsible for all of the following: (A) Costs for damage to the common area, exclusive use common area, or separate interests resulting from the installation, maintenance, repair, removal, or replacement of the solar energy system. (B) Costs for the maintenance, repair, and replacement of solar energy system until it has been removed and for the restoration of the common area, exclusive use common area, or separate interests after removal. (C) Disclosing to prospective buyers the existence of any solar energy system of the owner and the related responsibilities of the owner under this section. (c) For purposes of this section: (1) “Association” has the same meaning as defined in Section 4080 or 6528. (2) “Common area” has the same meaning as defined in Section 4095 or 6532. (3) “Separate interest” has the same meaning as defined in Section 4185 or 6564. (d) This section imposes additional requirements for any proposed installation of a solar energy system on a multifamily common area roof shared by more than one homeowner. (e) This section does not diminish the authority of an association to impose reasonable provisions pursuant to Section 714.1. (Added by Stats. 2017, Ch. 818, Sec. 3. (AB 634) Effective January 1, 2018.)
4747.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 5. Property Use and Maintenance [4700 - 4790] ( Chapter 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Protected Uses [4700 - 4753] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. )
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Certain covenants and similar provisions are void and unenforceable if they effectively prohibit or unreasonably restrict an eligible housing development project from using authorized floor area ratio standards.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 5. Property Use and Maintenance [4700 - 4790] ( Chapter 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Protected Uses [4700 - 4753] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4747. (a) Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in a planned development, and any provision of a governing document, is void and unenforceable if it effectively prohibits or unreasonably restricts an eligible housing development project from using the floor area ratio standards authorized under Section 65913.11 of the Government Code. (b) This section does not apply to provisions that impose reasonable restrictions on an eligible housing development that do not make the implementation of the floor area standards authorized in Section 65913.11 of the Government Code infeasible. (c) For purposes of this section: (1) “Eligible housing development project” means a housing development project that meets the requirements of subdivision (b) of Section 65913.11 of the Government Code. (2) “Reasonable restrictions” means restrictions that do not unreasonably increase the cost to construct, effectively prohibit the construction of, or extinguish the ability to otherwise construct an eligible housing development project using the floor area ratio standards in a manner authorized by Section 65913.11 of the Government Code. (d) The Legislature finds and declares that the provision of adequate housing, in light of the severe shortage of housing at all income levels in this state, is a matter of statewide concern and that this section serves a significant and legitimate public purpose by eliminating potential restrictions that could inhibit the production of adequate housing. (Added by Stats. 2021, Ch. 363, Sec. 1. (SB 478) Effective January 1, 2022.)
4750.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 5. Property Use and Maintenance [4700 - 4790] ( Chapter 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Protected Uses [4700 - 4753] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. )
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A governing document cannot effectively prohibit or unreasonably restrict a homeowner’s backyard use for personal agriculture, but reasonable restrictions are allowed.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 5. Property Use and Maintenance [4700 - 4790] ( Chapter 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Protected Uses [4700 - 4753] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4750. (a) For the purposes of this section, “personal agriculture” has the same definition as in Section 1940.10. (b) Any provision of a governing document, as defined in Section 4150, shall be void and unenforceable if it effectively prohibits or unreasonably restricts the use of a homeowner’s backyard for personal agriculture. (c) (1) This section does not apply to provisions that impose reasonable restrictions on the use of a homeowner’s yard for personal agriculture. (2) For purposes of this section, “reasonable restrictions” are restrictions that do not significantly increase the cost of engaging in personal agriculture or significantly decrease its efficiency. (d) This section applies only to yards that are designated for the exclusive use of the homeowner. (e) This section shall not prohibit a homeowners’ association from applying rules and regulations requiring that dead plant material and weeds, with the exception of straw, mulch, compost, and other organic materials intended to encourage vegetation and retention of moisture in the soil, are regularly cleared from the backyard. (Added by Stats. 2014, Ch. 584, Sec. 3. (AB 2561) Effective January 1, 2015.)
4751.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 5. Property Use and Maintenance [4700 - 4790] ( Chapter 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Protected Uses [4700 - 4753] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. )
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Certain covenants, restrictions, or governing document provisions that effectively prohibit or unreasonably restrict accessory dwelling units or junior accessory dwelling units on qualifying single-family lots are void and unenforceable.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 5. Property Use and Maintenance [4700 - 4790] ( Chapter 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Protected Uses [4700 - 4753] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4751. (a) Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in a planned development, and any provision of a governing document, that either effectively prohibits or unreasonably restricts the construction or use of an accessory dwelling unit or junior accessory dwelling unit on a lot zoned for single-family residential use that meets the requirements of Article 2 (commencing with Section 66314) or Article 3 (commencing with Section 66333) of Chapter 13 of Division 1 of Title 7 of the Government Code, is void and unenforceable. (b) This section does not apply to provisions that impose reasonable restrictions on accessory dwelling units or junior accessory dwelling units. For purposes of this subdivision, “reasonable restrictions” means restrictions that do not unreasonably increase the cost to construct, effectively prohibit the construction of, or extinguish the ability to otherwise construct, an accessory dwelling unit or junior accessory dwelling unit consistent with the provisions of Article 2 (commencing with Section 66314) or Article 3 (commencing with Section 66333) of Chapter 13 of Division 1 of Title 7 of the Government Code. (Amended by Stats. 2024, Ch. 7, Sec. 2. (SB 477) Effective March 25, 2024.)
4752.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 5. Property Use and Maintenance [4700 - 4790] ( Chapter 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Protected Uses [4700 - 4753] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. )
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Certain restrictions that block substantially similar reconstruction after a disaster are void, and a prevailing owner in enforcement litigation is entitled to reasonable attorney’s fees.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 5. Property Use and Maintenance [4700 - 4790] ( Chapter 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Protected Uses [4700 - 4753] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4752. (a) Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument, and any provision of a governing document shall be void and unenforceable to the extent that it prohibits, or includes conditions that have the effect of prohibiting, a substantially similar reconstruction of a residential structure that was destroyed or damaged in a disaster. (b) A court shall award reasonable attorney’s fees to the owner of a separate interest in a common interest development who prevails in an action to enforce this section. (c) For purposes of this section, the following definitions apply: (1) “Disaster” means any of the following: (A) A state of disaster or emergency declared by the federal government. (B) A state of emergency proclaimed by the Governor pursuant to Section 8625 of the Government Code. (C) A local emergency proclaimed by a local governing body or official pursuant to Section 8630 of the Government Code. (2) “Objective design standard” means a standard that involves no personal or subjective judgment and is uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the applicant and the association before submittal. (3) “Substantially similar reconstruction of a residential structure” means a proposal that rebuilds a residential structure on a separate interest located in a common interest development that complies with all of the following: (A) (i) The local building code. (ii) For purposes of this subparagraph, a proposal shall be considered to be in compliance with the local building code if the building permit is deemed approved by the local agency with appropriate jurisdiction. (B) The interior livable square footage of the rebuilt residential structure will not exceed 110 percent of the square footage that existed when the structure was damaged or destroyed. (C) The exterior footprint of the rebuilt residential structure will meet either of the following: (i) The rebuilt residential structure will be constructed in the same location and to the same exterior dimensions as the structure that was damaged or destroyed. (ii) The setbacks for the rebuilt residential structure will be at least four feet from the side and rear lot lines. (D) The height of the rebuilt residential structure will not exceed 110 percent of the height that existed when the residential structure was damaged or destroyed, or 100 percent of the height allowed by the governing documents of the association in effect at the time the proposal was submitted, whichever is greater. (E) Any objective design standard in effect at the time the original residential structure was destroyed or damaged in a disaster, provided that the standard does not unreasonably increase the cost to construct, effectively prohibit the construction of, or extinguish the ability to otherwise rebuild, a substantially similar residential structure. (Added by Stats. 2025, Ch. 548, Sec. 1. (SB 625) Effective January 1, 2026.)
4753.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 5. Property Use and Maintenance [4700 - 4790] ( Chapter 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Protected Uses [4700 - 4753] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. )
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Governing documents cannot effectively ban or unreasonably restrict an owner’s use of a clothesline or drying rack in the owner’s exclusive-use backyard, but reasonable rules and restrictions are allowed.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 5. Property Use and Maintenance [4700 - 4790] ( Chapter 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Protected Uses [4700 - 4753] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4753. (a) For the purposes of this section, “clothesline” includes a cord, rope, or wire from which laundered items may be hung to dry or air. A balcony, railing, awning, or other part of a structure or building shall not qualify as a clothesline. (b) For the purposes of this section, “drying rack” means an apparatus from which laundered items may be hung to dry or air. A balcony, railing, awning, or other part of a structure or building shall not qualify as a drying rack. (c) Any provision of a governing document, as defined in Section 4150, shall be void and unenforceable if it effectively prohibits or unreasonably restricts an owner’s ability to use a clothesline or drying rack in the owner’s backyard. (d) (1) This section does not apply to provisions that impose reasonable restrictions on an owner’s backyard for the use of a clothesline or drying rack. (2) For purposes of this section, “reasonable restrictions” are restrictions that do not significantly increase the cost of using a clothesline or drying rack. (3) This section applies only to backyards that are designated for the exclusive use of the owner. (e) Nothing in this section shall prohibit an association from establishing and enforcing reasonable rules governing clotheslines or drying racks. (Added by renumbering Section 4750.10 by Stats. 2016, Ch. 714, Sec. 7. (SB 944) Effective January 1, 2017.)
4760.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 5. Property Use and Maintenance [4700 - 4790] ( Chapter 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Modification of Separate Interest [4760 - 4766] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. )
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A member may make certain improvements or disability-related modifications to a separate interest, subject to the governing documents and law, and the association may not deny approval without good cause.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 5. Property Use and Maintenance [4700 - 4790] ( Chapter 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Modification of Separate Interest [4760 - 4766] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4760. (a) Subject to the governing documents and applicable law, a member may do the following: (1) Make any improvement or alteration within the boundaries of the member’s separate interest that does not impair the structural integrity or mechanical systems or lessen the support of any portions of the common interest development. (2) Modify the member’s separate interest, at the member’s expense, to facilitate access for persons who are blind, visually handicapped, deaf, or physically disabled, or to alter conditions which could be hazardous to these persons. These modifications may also include modifications of the route from the public way to the door of the separate interest for the purposes of this paragraph if the separate interest is on the ground floor or already accessible by an existing ramp or elevator. The right granted by this paragraph is subject to the following conditions: (A) The modifications shall be consistent with applicable building code requirements. (B) The modifications shall be consistent with the intent of otherwise applicable provisions of the governing documents pertaining to safety or aesthetics. (C) Modifications external to the dwelling shall not prevent reasonable passage by other residents, and shall be removed by the member when the separate interest is no longer occupied by persons requiring those modifications who are blind, visually handicapped, deaf, or physically disabled. (D) Any member who intends to modify a separate interest pursuant to this paragraph shall submit plans and specifications to the association for review to determine whether the modifications will comply with the provisions of this paragraph. The association shall not deny approval of the proposed modifications under this paragraph without good cause. (b) Any change in the exterior appearance of a separate interest shall be in accordance with the governing documents and applicable provisions of law. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
4765.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 5. Property Use and Maintenance [4700 - 4790] ( Chapter 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Modification of Separate Interest [4760 - 4766] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. )
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When an association must approve a member’s physical change, it must use a fair process, act in good faith, issue written decisions, give annual notice of approval rules, and allow reconsideration if a change is disapproved.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 5. Property Use and Maintenance [4700 - 4790] ( Chapter 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Modification of Separate Interest [4760 - 4766] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4765. (a) This section applies if the governing documents require association approval before a member may make a physical change to the member’s separate interest or to the common area. In reviewing and approving or disapproving a proposed change, the association shall satisfy the following requirements: (1) The association shall provide a fair, reasonable, and expeditious procedure for making its decision. The procedure shall be included in the association’s governing documents. The procedure shall provide for prompt deadlines. The procedure shall state the maximum time for response to an application or a request for reconsideration by the board. (2) A decision on a proposed change shall be made in good faith and may not be unreasonable, arbitrary, or capricious. (3) Notwithstanding a contrary provision of the governing documents, a decision on a proposed change may not violate any governing provision of law, including, but not limited to, the Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code), or a building code or other applicable law governing land use or public safety. (4) A decision on a proposed change shall be in writing. If a proposed change is disapproved, the written decision shall include both an explanation of why the proposed change is disapproved and a description of the procedure for reconsideration of the decision by the board. (5) If a proposed change is disapproved, the applicant is entitled to reconsideration by the board, at an open meeting of the board. This paragraph does not require reconsideration of a decision that is made by the board or a body that has the same membership as the board, at a meeting that satisfies the requirements of Article 2 (commencing with Section 4900) of Chapter 6. Reconsideration by the board does not constitute dispute resolution within the meaning of Section 5905. (b) Nothing in this section authorizes a physical change to the common area in a manner that is inconsistent with an association’s governing documents, unless the change is required by law. (c) An association shall annually provide its members with notice of any requirements for association approval of physical changes to property. The notice shall describe the types of changes that require association approval and shall include a copy of the procedure used to review and approve or disapprove a proposed change. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
4766.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 5. Property Use and Maintenance [4700 - 4790] ( Chapter 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Modification of Separate Interest [4760 - 4766] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. )
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A reviewing body must quickly decide whether an application is complete, tell the applicant in writing, and then review complete applications within 45 days for approval or written comments. Applicants can resubmit incomplete or denied applications, and approved applications cannot be sent to further appeals or hearings except for noncompliance with the approved application.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 5. Property Use and Maintenance [4700 - 4790] ( Chapter 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Modification of Separate Interest [4760 - 4766] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4766. (a) Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument, and any provision of a governing document that subjects a substantially similar reconstruction of a residential structure that was destroyed or damaged in a disaster to review by a body shall be processed and approved in accordance with this section. (b) (1) The body shall determine whether an application is complete or incomplete and provide written notice of this determination to the applicant no later than 30 calendar days after the body receives the application. (2) If the body determines that an application is incomplete, the body shall simultaneously provide the applicant with a list of incomplete items and a description of how the application can be made complete. (A) After receiving a notice that the application is incomplete, an applicant may cure and address the items that are deemed incomplete by the body by resubmitting the application. (B) In the review of an application resubmitted pursuant to subparagraph (A), the body shall not require the applicant to include an item that was not identified as necessary in covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument, and any provision of a governing document in effect at the time the application was originally submitted. (C) (i) If an applicant resubmits an application pursuant to subparagraph (A), the body shall determine whether the additional application has remedied all incomplete items listed in the determination issued pursuant to this paragraph. (ii) The review and determination of the resubmitted application shall be subject to the timelines and requirements specified in this subdivision. (3) If the body does not make a timely determination as required by this subdivision, the application or resubmitted application shall be deemed to be complete for the purposes of this section. (c) Once an application is deemed complete, the body shall conduct any review of the proposed modification to the separate interest, including a substantially similar reconstruction of a residential structure, and do either of the following within 45 calendar days: (1) If the body determines that the complete application is not compliant with the body’s lawfully adopted standards in effect at the time the application was first submitted, the body shall return in writing a full set of comments to the applicant with a comprehensive request for revisions. (2) If the body determines that the complete application is compliant with the body’s lawfully adopted standards in effect at the time the application was first submitted, the body shall approve the application and notify the applicant accordingly. (d) (1) If a body finds that a complete application is noncompliant, the body shall provide the applicant with a list of items that are noncompliant and a description of how the application can be remedied by the applicant within the time limits specified in subdivision (b). (2) The body shall provide the list and description authorized by paragraph (1) when it transmits its determination to the applicant as required by subdivision (b). (3) If a body denies an application based on a determination that the application is noncompliant, the applicant may attempt to remedy the application. (4) If an applicant submits an application pursuant to paragraph (3), the additional application is subject to the timelines of a new application as specified in subdivision (b). (e) (1) If an application is determined to be incomplete pursuant to subdivision (b) or determined to be noncompliant pursuant to subdivision (d), the body shall provide a process for the applicant to appeal that decision pursuant to Section 4765. (2) The body shall provide a final written determination on the appeal no later than 60 calendar days after receipt of the applicant’s written appeal. (f) (1) Once a body approves an application pursuant to this section, the body shall not subject the applicant to any appeals or additional hearings. (2) The prohibition described in paragraph (1) does not apply to the applicant’s noncompliance with the approved application. (g) A court shall award reasonable attorney’s fees to the applicant who prevails in an action to enforce this section. (h) For purposes of this section, the following definitions apply: (1) “Body” means an association, architectural review committee, or similar body. (2) “Disaster” has the same meaning as in Section 4752. (3) “Substantially similar reconstruction of a residential structure” has the same meaning as in Section 4752. (Added by Stats. 2025, Ch. 548, Sec. 2. (SB 625) Effective January 1, 2026.)
4775.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 5. Property Use and Maintenance [4700 - 4790] ( Chapter 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 3. Maintenance [4775 - 4790] ( Article 3 added by Stats. 2012, Ch. 180, Sec. 2. )
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The association must handle common-area repairs and maintenance, and its board must start emergency repair steps within 14 days after service interruption unless the declaration says otherwise or an exception applies.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 5. Property Use and Maintenance [4700 - 4790] ( Chapter 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 3. Maintenance [4775 - 4790] ( Article 3 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4775. (a) (1) Except as provided in paragraph (4), unless otherwise provided in the declaration of a common interest development, the association is responsible for repairing, replacing, and maintaining the common area. (2) (A) Unless otherwise provided in the declaration of a common interest development, or unless the utility service that failed is required to be maintained, repaired, or replaced by a public, private, or other utility service provider, the association is responsible for repairs and replacements necessary to restore interrupted gas, heat, water, or electrical services that begin in the common area even if the matter extends into a separate interest or the exclusive use common area appurtenant to a separate interest. (B) This paragraph does not change any legal duty or obligation of a utility company or local government to repair or replace components pertaining to gas, heat, water, or electrical services. (3) Unless otherwise provided in the declaration of a common interest development, the owner of each separate interest is responsible for repairing, replacing, and maintaining that separate interest. (4) Unless otherwise provided in the declaration of a common interest development, the owner of each separate interest is responsible for maintaining the exclusive use common area appurtenant to that separate interest and the association is responsible for repairing and replacing the exclusive use common area. (b) (1) An association’s board shall commence the process to make the repairs necessary to restore gas, heat, water, or electrical services, as required by this section, within 14 days of the interruption of services. (2) If there are insufficient reserve funds available to cover the costs of repairs or replacements, as required by this section, an association may obtain competitive financing from a financial institution, in compliance with Section 5735, to pay for the costs of the repairs or replacements described in paragraph (1) without requiring a vote of the members and levy an emergency assessment to allow for the repayment of the loan. However, before obtaining that financing, the board shall pass a resolution containing written findings regarding the nature of the association’s expenses and how the association’s reserves do not cover the necessary costs. The resolution shall be distributed to the members with the notice of the emergency assessment and with notices otherwise required by law or governing documents pursuant to the board’s action, if any. (3) Notwithstanding any other section of law or the association’s governing documents, if an association’s board is unable to meet a quorum within 14 days, pursuant to this section, then at the next duly noticed board meeting following the 14th day, the requirements for a quorum shall be reduced so that the total number of directors at that board meeting shall constitute a quorum. This reduced quorum shall only apply for the vote to commence the process specified in paragraph (1). The notice shall contain a provision indicating the use of a reduced quorum. (4) Notwithstanding the requirements of Section 4910, if directors of an association are required to vote to initiate any repairs or replacements pursuant to this subdivision, voting may be performed by electronic means, including, but not limited to, email. All records of the vote shall be deemed association records and subject to the inspection and retention rules specified in Section 5210. (c) The costs of temporary relocation during the repair, replacement, or maintenance of the areas within the responsibility of the association shall be borne by the owner of the separate interest affected. (d) Nothing in this section shall be construed to result in the personal liability of a director of an association. (e) This section shall not apply if the association is in an area affected by one or more of the following conditions, and such condition or conditions materially affect the association’s ability to perform its responsibilities pursuant to this section: (1) A state of disaster or emergency declared by the federal government. (2) A state of emergency proclaimed by the Governor pursuant to Section 8625 of the Government Code. (3) A local emergency proclaimed by a local governing body or official under Section 8630 of the Government Code. (Amended by Stats. 2024, Ch. 288, Sec. 1. (SB 900) Effective January 1, 2025.)
4777.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 5. Property Use and Maintenance [4700 - 4790] ( Chapter 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 3. Maintenance [4775 - 4790] ( Article 3 added by Stats. 2012, Ch. 180, Sec. 2. )
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An association or its agent must give pesticide-use notice to affected owners and tenants, usually at least 48 hours before application, and must include specified information in the notice.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 5. Property Use and Maintenance [4700 - 4790] ( Chapter 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 3. Maintenance [4775 - 4790] ( Article 3 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4777. (a) For the purposes of this section: (1) “Adjacent separate interest” means a separate interest that is directly beside, above, or below a particular separate interest or the common area. (2) “Authorized agent” means an individual, organization, or other entity that has entered into an agreement with the association to act on the association’s behalf. (3) “Broadcast application” means spreading pesticide over an area greater than two square feet. (4) “Electronic delivery” means delivery of a document by electronic means to the electronic address at, or through which, an owner of a separate interest has authorized electronic delivery. (5) “Licensed pest control operator” means anyone licensed by the state to apply pesticides. (6) “Pest” means a living organism that causes damage to property or economic loss, or transmits or produces diseases. (7) “Pesticide” means any substance, or mixture of substances, that is intended to be used for controlling, destroying, repelling, or mitigating any pest or organism, excluding antimicrobial pesticides as defined by the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136(mm)). (b) (1) An association or its authorized agent that applies any pesticide to a separate interest or to the common area without a licensed pest control operator shall provide the owner and, if applicable, the tenant of an affected separate interest and, if making broadcast applications, or using total release foggers or aerosol sprays, the owner and, if applicable, the tenant in an adjacent separate interest that could reasonably be impacted by the pesticide use with written notice that contains the following statements and information using words with common and everyday meaning: (A) The pest or pests to be controlled. (B) The name and brand of the pesticide product proposed to be used. (C) “State law requires that you be given the following information: CAUTION – PESTICIDES ARE TOXIC CHEMICALS. The California Department of Pesticide Regulation and the United States Environmental Protection Agency allow the unlicensed use of certain pesticides based on existing scientific evidence that there are no appreciable risks if proper use conditions are followed or that the risks are outweighed by the benefits. The degree of risk depends upon the degree of exposure, so exposure should be minimized. If within 24 hours following application of a pesticide, a person experiences symptoms similar to common seasonal illness comparable to influenza, the person should contact a physician, appropriate licensed health care provider, or the California Poison Control System (1-800-222-1222). For further information, contact any of the following: for Health Questions – the County Health Department (telephone number) and for Regulatory Information – the Department of Pesticide Regulation (916-324-4100).” (D) The approximate date, time, and frequency with which the pesticide will be applied. (E) The following notification: “The approximate date, time, and frequency of this pesticide application is subject to change.” (2) At least 48 hours prior to application of the pesticide to a separate interest, the association or its authorized agent shall provide individual notice to the owner and, if applicable, the tenant of the separate interest and notice to an owner and, if applicable, the tenant occupying any adjacent separate interest that is required to be notified pursuant to paragraph (1). (3) (A) At least 48 hours prior to application of the pesticide to a common area, the association or its authorized agent shall, if practicable, post the written notice described in paragraph (1) in a conspicuous place in or around the common area in which the pesticide is to be applied. Otherwise, if not practicable, the association or its authorized agent shall provide individual notice to the owner and, if applicable, the tenant of the separate interest that is adjacent to the common area. (B) If the pest poses an immediate threat to health and safety, thereby making compliance with notification prior to the pesticide application unreasonable, the association or its authorized agent shall post the written notice as soon as practicable, but not later than one hour after the pesticide is applied. (4) Notice to tenants of separate interests shall be provided, in at least one of the following ways: (A) First-class mail. (B) Personal delivery to a tenant 18 years of age or older. (C) Electronic delivery, if an electronic mailing address has been provided by the tenant. (5) (A) Upon receipt of written notification, the owner of the separate interest or the tenant may agree in writing or, if notification was delivered electronically, the tenant may agree through electronic delivery, to allow the association or authorized agent to apply a pesticide immediately or at an agreed upon time. (B) (i) Prior to receipt of written notification, the association or authorized agent may agree orally to an immediate pesticide application if the owner or, if applicable, the tenant requests that the pesticide be applied before the 48-hour notice of the pesticide product proposed to be used. (ii) With respect to an owner or, if applicable, a tenant entering into an oral agreement for immediate pesticide application, the association or authorized agent, no later than the time of pesticide application, shall leave the written notice specified in paragraph (1) in a conspicuous place in the separate interest or at the entrance of the separate interest in a manner in which a reasonable person would discover the notice. (iii) If any owner or, if applicable, any tenant of a separate interest or an owner or, if applicable, a tenant of an adjacent separate interest is also required to be notified pursuant to this subparagraph, the association or authorized agent shall provide that person with this notice as soon as practicable after the oral agreement is made authorizing immediate pesticide application, but in no case later than commencement of application of the pesticide. (6) A copy of a written notice provided pursuant to paragraph (1) shall be attached to the minutes of the board meeting immediately subsequent the application of the pesticide. (Amended by Stats. 2017, Ch. 561, Sec. 19. (AB 1516) Effective January 1, 2018.)
4780.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 5. Property Use and Maintenance [4700 - 4790] ( Chapter 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 3. Maintenance [4775 - 4790] ( Article 3 added by Stats. 2012, Ch. 180, Sec. 2. )
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This section assigns repair and maintenance responsibility for damage from wood-destroying pests or organisms in certain common-interest developments, and allows delegation of that responsibility to the association with member approval.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 5. Property Use and Maintenance [4700 - 4790] ( Chapter 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 3. Maintenance [4775 - 4790] ( Article 3 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4780. (a) In a community apartment project, condominium project, or stock cooperative, unless otherwise provided in the declaration, the association is responsible for the repair and maintenance of the common area occasioned by the presence of wood-destroying pests or organisms. (b) In a planned development, unless a different maintenance scheme is provided in the declaration, each owner of a separate interest is responsible for the repair and maintenance of that separate interest as may be occasioned by the presence of wood-destroying pests or organisms. Upon approval of the majority of all members of the association, pursuant to Section 4065, that responsibility may be delegated to the association, which shall be entitled to recover the cost thereof as a special assessment. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
4785.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 5. Property Use and Maintenance [4700 - 4790] ( Chapter 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 3. Maintenance [4775 - 4790] ( Article 3 added by Stats. 2012, Ch. 180, Sec. 2. )
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The association may temporarily remove occupants for pest treatment, but it must give occupants and owners advance notice.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 5. Property Use and Maintenance [4700 - 4790] ( Chapter 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 3. Maintenance [4775 - 4790] ( Article 3 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4785. (a) The association may cause the temporary, summary removal of any occupant of a common interest development for such periods and at such times as may be necessary for prompt, effective treatment of wood-destroying pests or organisms. (b) The association shall give notice of the need to temporarily vacate a separate interest to the occupants and to the owners, not less than 15 days nor more than 30 days prior to the date of the temporary relocation. The notice shall state the reason for the temporary relocation, the date and time of the beginning of treatment, the anticipated date and time of termination of treatment, and that the occupants will be responsible for their own accommodations during the temporary relocation. (c) Notice by the association shall be deemed complete upon either: (1) Personal delivery of a copy of the notice to the occupants, and if an occupant is not the owner, individual delivery pursuant to Section 4040, of a copy of the notice to the owner. (2) Individual delivery pursuant to Section 4040 to the occupant at the address of the separate interest, and if the occupant is not the owner, individual delivery pursuant to Section 4040, of a copy of the notice to the owner. (d) For purposes of this section, “occupant” means an owner, resident, guest, invitee, tenant, lessee, sublessee, or other person in possession of the separate interest. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
4790.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 5. Property Use and Maintenance [4700 - 4790] ( Chapter 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 3. Maintenance [4775 - 4790] ( Article 3 added by Stats. 2012, Ch. 180, Sec. 2. )
Verify source ↗

A member may get reasonable access to the common area to maintain telephone wiring, but the access depends on association consent and reasonable conditions.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 5. Property Use and Maintenance [4700 - 4790] ( Chapter 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 3. Maintenance [4775 - 4790] ( Article 3 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4790. Notwithstanding the provisions of the declaration, a member is entitled to reasonable access to the common area for the purpose of maintaining the internal and external telephone wiring made part of the exclusive use common area of the member’s separate interest pursuant to subdivision (c) of Section 4145. The access shall be subject to the consent of the association, whose approval shall not be unreasonably withheld, and which may include the association’s approval of telephone wiring upon the exterior of the common area, and other conditions as the association determines reasonable. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
48.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. )
Verify source ↗

For cases covered by Section 47(c), the communication does not create an inferred finding of malice.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. ) ## 48. In the case provided for in subdivision (c) of Section 47, malice is not inferred from the communication. (Amended by Stats. 2003, Ch. 62, Sec. 11. Effective January 1, 2004.)
48.5.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. )
Verify source ↗

Certain radio station owners, licensees, operators, and their agents or employees are shielded from damages for defamatory statements in broadcasts in specified circumstances.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. ) ## 48.5. (1) The owner, licensee or operator of a visual or sound radio broadcasting station or network of stations, and the agents or employees of any such owner, licensee or operator, shall not be liable for any damages for any defamatory statement or matter published or uttered in or as a part of a visual or sound radio broadcast by one other than such owner, licensee or operator, or agent or employee thereof, if it shall be alleged and proved by such owner, licensee or operator, or agent or employee thereof, that such owner, licensee or operator, or such agent or employee, has exercised due care to prevent the publication or utterance of such statement or matter in such broadcast. (2) If any defamatory statement or matter is published or uttered in or as a part of a broadcast over the facilities of a network of visual or sound radio broadcasting stations, the owner, licensee or operator of any such station, or network of stations, and the agents or employees thereof, other than the owner, licensee or operator of the station, or network of stations, originating such broadcast, and the agents or employees thereof, shall in no event be liable for any damages for any such defamatory statement or matter. (3) In no event, however, shall any owner, licensee or operator of such station or network of stations, or the agents or employees thereof, be liable for any damages for any defamatory statement or matter published or uttered, by one other than such owner, licensee or operator, or agent or employee thereof, in or as a part of a visual or sound radio broadcast by or on behalf of any candidate for public office, which broadcast cannot be censored by reason of the provisions of federal statute or regulation of the Federal Communications Commission. (4) As used in this Part 2, the terms “radio,” “radio broadcast,” and “broadcast,” are defined to include both visual and sound radio broadcasting. (5) Nothing in this section contained shall deprive any such owner, licensee or operator, or the agent or employee thereof, of any rights under any other section of this Part 2. (Added by Stats. 1949, Ch. 1258.)
48.7.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. )
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A person charged with child abuse may not file a libel or slander suit against the minor, parent, guardian, or witness over statements made in furtherance of the prosecution while charges are pending.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. ) ## 48.7. (a) No person charged by indictment, information, or other accusatory pleading of child abuse may bring a civil libel or slander action against the minor, the parent or guardian of the minor, or any witness, based upon any statements made by the minor, parent or guardian, or witness which are reasonably believed to be in furtherance of the prosecution of the criminal charges while the charges are pending before a trial court. The charges are not pending within the meaning of this section after dismissal, after pronouncement of judgment, or during an appeal from a judgment. Any applicable statute of limitations shall be tolled during the period that such charges are pending before a trial court. (b) Whenever any complaint for libel or slander is filed which is subject to the provisions of this section, no responsive pleading shall be required to be filed until 30 days after the end of the period set forth in subdivision (a). (c) Every complaint for libel or slander based on a statement that the plaintiff committed an act of child abuse shall state that the complaint is not barred by subdivision (a). A failure to include that statement shall be grounds for a demurrer. (d) Whenever a demurrer against a complaint for libel or slander is sustained on the basis that the complaint was filed in violation of this section, attorney’s fees and costs shall be awarded to the prevailing party. (e) Whenever a prosecutor is informed by a minor, parent, guardian, or witness that a complaint against one of those persons has been filed which may be subject to the provisions of this section, the prosecutor shall provide that person with a copy of this section. (f) As used in this section, child abuse has the meaning set forth in Section 11165 of the Penal Code. (Added by Stats. 1981, Ch. 253, Sec. 1.)
48.8.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. )
Verify source ↗

Statements to a school principal, teacher, counselor, or school nurse about a student’s threat of violence at school are treated as matters of public concern, and defamation liability applies only if falsity is shown by clear and convincing evidence or the statement was made with reckless disregard for truth. “School” is defined to include public or private K-12 schools.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. ) ## 48.8. (a) A communication by any person to a school principal, or a communication by a student attending the school to the student’s teacher or to a school counselor or school nurse and any report of that communication to the school principal, stating that a specific student or other specified person has made a threat to commit violence or potential violence on the school grounds involving the use of a firearm or other deadly or dangerous weapon, is a communication on a matter of public concern and is subject to liability in defamation only upon a showing by clear and convincing evidence that the communication or report was made with knowledge of its falsity or with reckless disregard for the truth or falsity of the communication. Where punitive damages are alleged, the provisions of Section 3294 shall also apply. (b) As used in this section, “school” means a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive. (Added by Stats. 2001, Ch. 570, Sec. 1. Effective January 1, 2002.)
48.9.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. )
Verify source ↗

An anonymous witness program sponsor, its employees, and agents are generally protected from civil liability for damages tied to receiving or sharing information with law enforcement, but the protection has stated exceptions.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. ) ## 48.9. (a) An organization which sponsors or conducts an anonymous witness program, and its employees and agents, shall not be liable in a civil action for damages resulting from its receipt of information regarding possible criminal activity or from dissemination of that information to a law enforcement agency. (b) The immunity provided by this section shall apply to any civil action for damages, including, but not limited to, a defamation action or an action for damages resulting from retaliation against a person who provided information. (c) The immunity provided by this section shall not apply in any of the following instances: (1) The information was disseminated with actual knowledge that it was false. (2) The name of the provider of the information was disseminated without that person’s authorization and the dissemination was not required by law. (3) The name of the provider of information was obtained and the provider was not informed by the organization that the disclosure of his or her name may be required by law. (d) As used in this section, an “anonymous witness program” means a program whereby information relating to alleged criminal activity is received from persons, whose names are not released without their authorization unless required by law, and disseminated to law enforcement agencies. (Added by Stats. 1983, Ch. 495, Sec. 1.)
4800.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Association Existence and Powers [4800 - 4820] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. )
Verify source ↗

A common interest development must be managed by an association, and that association may be incorporated or unincorporated.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Association Existence and Powers [4800 - 4820] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4800. A common interest development shall be managed by an association that may be incorporated or unincorporated. The association may be referred to as an owners’ association or a community association. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
4805.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Association Existence and Powers [4800 - 4820] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. )
Verify source ↗

An association may use certain corporate-like powers, but an unincorporated association may not use a corporate seal or issue membership certificates.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Association Existence and Powers [4800 - 4820] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4805. (a) Unless the governing documents provide otherwise, and regardless of whether the association is incorporated or unincorporated, the association may exercise the powers granted to a nonprofit mutual benefit corporation, as enumerated in Section 7140 of the Corporations Code, except that an unincorporated association may not adopt or use a corporate seal or issue membership certificates in accordance with Section 7313 of the Corporations Code. (b) The association, whether incorporated or unincorporated, may exercise the powers granted to an association in this act. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
4820.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Association Existence and Powers [4800 - 4820] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. )
Verify source ↗

If associations combine functions under a joint neighborhood association or similar organization, members of each participating association may attend the joint association’s meetings (except executive sessions) and get the same records access they have for their own association records.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Association Existence and Powers [4800 - 4820] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4820. Whenever two or more associations have consolidated any of their functions under a joint neighborhood association or similar organization, members of each participating association shall be (a) entitled to attend all meetings of the joint association other than executive sessions, (b) given reasonable opportunity for participation in those meetings, and (c) entitled to the same access to the joint association’s records as they are to the participating association’s records. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
48a
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. )
Verify source ↗

In certain libel or slander cases involving news publications or radio broadcasts, the plaintiff must give written notice and demand correction within 20 days after learning of the publication or broadcast.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. ) ## 48a. (a) In any action for damages for the publication of a libel in a daily or weekly news publication, or of a slander by radio broadcast, plaintiff shall only recover special damages unless a correction is demanded and is not published or broadcast, as provided in this section. Plaintiff shall serve upon the publisher at the place of publication, or broadcaster at the place of broadcast, a written notice specifying the statements claimed to be libelous and demanding that those statements be corrected. The notice and demand must be served within 20 days after knowledge of the publication or broadcast of the statements claimed to be libelous. (b) If a correction is demanded within 20 days and is not published or broadcast in substantially as conspicuous a manner in the same daily or weekly news publication, or on the same broadcasting station as were the statements claimed to be libelous, in a regular issue thereof published or broadcast within three weeks after service, plaintiff, if he or she pleads and proves notice, demand and failure to correct, and if his or her cause of action is maintained, may recover general, special, and exemplary damages. Exemplary damages shall not be recovered unless the plaintiff proves that defendant made the publication or broadcast with actual malice and then only in the discretion of the court or jury, and actual malice shall not be inferred or presumed from the publication or broadcast. (c) A correction published or broadcast in substantially as conspicuous a manner in the daily or weekly news publication, or on the broadcasting station as the statements claimed in the complaint to be libelous, before receipt of a demand for correction, shall be of the same force and effect as though the correction had been published or broadcast within three weeks after a demand for correction. (d) As used in this section, the following definitions shall apply: (1) “General damages” means damages for loss of reputation, shame, mortification, and hurt feelings. (2) “Special damages” means all damages that plaintiff alleges and proves that he or she has suffered in respect to his or her property, business, trade, profession, or occupation, including the amounts of money the plaintiff alleges and proves he or she has expended as a result of the alleged libel, and no other. (3) “Exemplary damages” means damages that may in the discretion of the court or jury be recovered in addition to general and special damages for the sake of example and by way of punishing a defendant who has made the publication or broadcast with actual malice. (4) “Actual malice” means that state of mind arising from hatred or ill will toward the plaintiff; provided, however, that a state of mind occasioned by a good faith belief on the part of the defendant in the truth of the libelous publication or broadcast at the time it is published or broadcast shall not constitute actual malice. (5) “Daily or weekly news publication” means a publication, either in print or electronic form, that contains news on matters of public concern and that publishes at least once a week. (Amended by Stats. 2016, Ch. 86, Sec. 17. (SB 1171) Effective January 1, 2017.)
49.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. )
Verify source ↗

The rights of personal relations forbid abducting or enticing a child from a parent or custodian, seducing a person under legal age, and injuring a servant in a way that affects service, except for the listed exclusions in the servant clause.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. ) ## 49. The rights of personal relations forbid: (a) The abduction or enticement of a child from a parent, or from a guardian entitled to its custody; (b) The seduction of a person under the age of legal consent; (c) Any injury to a servant which affects his ability to serve his master, other than seduction, abduction or criminal conversation. (Amended by Stats. 1939, Ch. 1103.)
4900.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Board Meeting [4900 - 4955] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. )
Verify source ↗

This article is named the Common Interest Development Open Meeting Act and may be cited by that name.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Board Meeting [4900 - 4955] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4900. This article shall be known and may be cited as the Common Interest Development Open Meeting Act. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
4910.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Board Meeting [4900 - 4955] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. )
Verify source ↗

The board may not act on business outside a board meeting, and it may not hold meetings by electronic transmissions unless the emergency-meeting exception applies.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Board Meeting [4900 - 4955] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4910. (a) The board shall not take action on any item of business outside of a board meeting. (b) (1) Notwithstanding Section 7211 of the Corporations Code, the board shall not conduct a meeting via a series of electronic transmissions, including, but not limited to, electronic mail, except as specified in paragraph (2). (2) Electronic transmissions may be used as a method of conducting an emergency board meeting if all directors, individually or collectively, consent in writing to that action, and if the written consent or consents are filed with the minutes of the board meeting. These written consents may be transmitted electronically. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
4920.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Board Meeting [4900 - 4955] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. )
Verify source ↗

The association must give advance notice of board meetings, include the agenda, and use general delivery, with shorter or no notice rules for certain emergency or executive-session meetings.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Board Meeting [4900 - 4955] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4920. (a) Except as provided in subdivision (b), the association shall give notice of the time and place of a board meeting at least four days before the meeting. (b) (1) If a board meeting is an emergency meeting held pursuant to Section 4923, the association is not required to give notice of the time and place of the meeting. (2) If a nonemergency board meeting is held solely in executive session, the association shall give notice of the time and place of the meeting at least two days prior to the meeting. (3) If the association’s governing documents require a longer period of notice than is required by this section, the association shall comply with the period stated in its governing documents. For the purposes of this paragraph, a governing document provision does not apply to a notice of an emergency meeting or a meeting held solely in executive session unless it specifically states that it applies to those types of meetings. (c) Notice of a board meeting shall be given by general delivery pursuant to Section 4045. (d) Notice of a board meeting shall contain the agenda for the meeting. (Amended by Stats. 2013, Ch. 183, Sec. 17. (SB 745) Effective January 1, 2014.)
4923.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Board Meeting [4900 - 4955] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. )
Verify source ↗

An emergency board meeting may be called by the association president or by any two directors other than the president if unforeseen circumstances require immediate board action and normal notice under Section 4920 is impracticable.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Board Meeting [4900 - 4955] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4923. An emergency board meeting may be called by the president of the association, or by any two directors other than the president, if there are circumstances that could not have been reasonably foreseen which require immediate attention and possible action by the board, and which of necessity make it impracticable to provide notice as required by Section 4920. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
4925.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Board Meeting [4900 - 4955] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. )
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Members may attend board meetings and speak at association or board meetings, with executive-session limits.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Board Meeting [4900 - 4955] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4925. (a) Any member may attend board meetings, except when the board adjourns to, or meets solely in, executive session. As specified in subdivision (b) of Section 4090, a member of the association shall be entitled to attend a teleconference meeting or the portion of a teleconference meeting that is open to members, and that meeting or portion of the meeting shall be audible to the members in a location specified in the notice of the meeting. (b) The board shall permit any member to speak at any meeting of the association or the board, except for meetings of the board held in executive session. A reasonable time limit for all members of the association to speak to the board or before a meeting of the association shall be established by the board. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
4926.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Board Meeting [4900 - 4955] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. )
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A board meeting or members meeting may be held entirely by teleconference if the notice includes required teleconference details and participants have equivalent participation rights.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Board Meeting [4900 - 4955] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4926. (a) Notwithstanding any other law or the association’s governing documents, a board meeting or meeting of the members may be conducted entirely by teleconference, without any physical location being held open for the attendance of any director or member, if all of the following conditions are satisfied: (1) The notice for each meeting conducted under this section includes, in addition to other required content for meeting notices, all of the following: (A) Clear technical instructions on how to participate by teleconference. (B) The telephone number and electronic mail address of a person who can provide technical assistance with the teleconference process, both before and during the meeting. (C) A reminder that a member may request individual delivery of meeting notices, with instructions on how to do so. (2) Every director and member has the same ability to participate in the meeting that would exist if the meeting were held in person. (3) Any vote of the directors shall be conducted by a roll call vote. (4) Any person who is entitled to participate in the meeting shall be given the option of participating by telephone. (b) Subdivision (a) does not apply to a meeting at which ballots are counted and tabulated pursuant to Section 5120. (Added by Stats. 2023, Ch. 203, Sec. 3. (AB 648) Effective January 1, 2024.)
4930.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Board Meeting [4900 - 4955] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. )
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The board generally cannot discuss or act on items at a nonemergency meeting unless the item was on the agenda in the meeting notice, but several limited exceptions apply.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Board Meeting [4900 - 4955] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4930. (a) Except as described in subdivisions (b) to (e), inclusive, the board may not discuss or take action on any item at a nonemergency meeting unless the item was placed on the agenda included in the notice that was distributed pursuant to subdivision (a) of Section 4920. This subdivision does not prohibit a member or resident who is not a director from speaking on issues not on the agenda. (b) Notwithstanding subdivision (a), a director, a managing agent or other agent of the board, or a member of the staff of the board, may do any of the following: (1) Briefly respond to statements made or questions posed by a person speaking at a meeting as described in subdivision (b) of Section 4925. (2) Ask a question for clarification, make a brief announcement, or make a brief report on the person’s own activities, whether in response to questions posed by a member or based upon the person’s own initiative. (c) Notwithstanding subdivision (a), the board or a director, subject to rules or procedures of the board, may do any of the following: (1) Provide a reference to, or provide other resources for factual information to, its managing agent or other agents or staff. (2) Request its managing agent or other agents or staff to report back to the board at a subsequent meeting concerning any matter, or take action to direct its managing agent or other agents or staff to place a matter of business on a future agenda. (3) Direct its managing agent or other agents or staff to perform administrative tasks that are necessary to carry out this section. (d) Notwithstanding subdivision (a), the board may take action on any item of business not appearing on the agenda distributed pursuant to subdivision (a) of Section 4920 under any of the following conditions: (1) Upon a determination made by a majority of the board present at the meeting that an emergency situation exists. An emergency situation exists if there are circumstances that could not have been reasonably foreseen by the board, that require immediate attention and possible action by the board, and that, of necessity, make it impracticable to provide notice. (2) Upon a determination made by the board by a vote of two-thirds of the directors present at the meeting, or, if less than two-thirds of total membership of the board is present at the meeting, by a unanimous vote of the directors present, that there is a need to take immediate action and that the need for action came to the attention of the board after the agenda was distributed pursuant to subdivision (a) of Section 4920. (3) The item appeared on an agenda that was distributed pursuant to subdivision (a) of Section 4920 for a prior meeting of the board that occurred not more than 30 calendar days before the date that action is taken on the item and, at the prior meeting, action on the item was continued to the meeting at which the action is taken. (e) Before discussing any item pursuant to subdivision (d), the board shall openly identify the item to the members in attendance at the meeting. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
4935.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Board Meeting [4900 - 4955] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. )
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The board may hold executive sessions for certain topics, and must do so for some member-discipline, payment-plan, and lien-foreclosure decisions. Matters discussed in executive session must be generally noted in the minutes of the next open meeting.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Board Meeting [4900 - 4955] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4935. (a) The board may adjourn to, or meet solely in, executive session to consider litigation, matters relating to the formation of contracts with third parties, member discipline, personnel matters, or to meet with a member, upon the member’s request, regarding the member’s payment of assessments, as specified in Section 5665. (b) The board shall adjourn to, or meet solely in, executive session to discuss member discipline, if requested by the member who is the subject of the discussion. That member shall be entitled to attend the executive session. (c) The board shall adjourn to, or meet solely in, executive session to discuss a payment plan pursuant to Section 5665. (d) The board shall adjourn to, or meet solely in, executive session to decide whether to foreclose on a lien pursuant to subdivision (b) of Section 5705. (e) Any matter discussed in executive session shall be generally noted in the minutes of the immediately following meeting that is open to the entire membership. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
4950.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Board Meeting [4900 - 4955] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. )
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Board meeting minutes, draft minutes, or summaries must be made available to members within 30 days, except for executive session meetings.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Board Meeting [4900 - 4955] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4950. (a) The minutes, minutes proposed for adoption that are marked to indicate draft status, or a summary of the minutes, of any board meeting, other than an executive session, shall be available to members within 30 days of the meeting. The minutes, proposed minutes, or summary minutes shall be distributed to any member upon request and upon reimbursement of the association’s costs for making that distribution. (b) The annual policy statement, prepared pursuant to Section 5310, shall inform the members of their right to obtain copies of board meeting minutes and of how and where to do so. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
4955.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Board Meeting [4900 - 4955] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. )
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An association member may sue the association for declaratory or equitable relief within one year after the claim accrues. A prevailing member is entitled to reasonable attorney’s fees and court costs, and the court may impose a civil penalty of up to $500 per violation, subject to the one-penalty rule for identical violations affecting members equally.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Board Meeting [4900 - 4955] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 4955. (a) A member of an association may bring a civil action for declaratory or equitable relief for a violation of this article by the association, including, but not limited to, injunctive relief, restitution, or a combination thereof, within one year of the date the cause of action accrues. (b) A member who prevails in a civil action to enforce the member’s rights pursuant to this article shall be entitled to reasonable attorney’s fees and court costs, and the court may impose a civil penalty of up to five hundred dollars ($500) for each violation, except that each identical violation shall be subject to only one penalty if the violation affects each member equally. A prevailing association shall not recover any costs, unless the court finds the action to be frivolous, unreasonable, or without foundation. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
50.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. )
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Necessary force may be used to protect against wrongful injury to oneself or certain family/household members and their property.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. ) ## 50. Any necessary force may be used to protect from wrongful injury the person or property of oneself, or of a spouse, child, parent, or other relative, or member of one’s family, or of a ward, servant, master, or guest. (Amended by Stats. 2016, Ch. 50, Sec. 4. (SB 1005) Effective January 1, 2017.)
5000.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 3. Member Meeting [5000- 5000.] ( Article 3 added by Stats. 2012, Ch. 180, Sec. 2. )
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Association membership meetings must follow parliamentary procedure, and the board must let any member speak and set a reasonable speaking time limit.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 3. Member Meeting [5000- 5000.] ( Article 3 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5000. (a) Meetings of the membership of the association shall be conducted in accordance with a recognized system of parliamentary procedure or any parliamentary procedures the association may adopt. (b) The board shall permit any member to speak at any meeting of the membership of the association. A reasonable time limit for all members to speak at a meeting of the association shall be established by the board. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
51.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. )
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This section gives all persons in the state a right to full and equal accommodations, advantages, facilities, privileges, and services in all business establishments, and it defines several protected characteristics and related terms.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. ) ## 51. (a) This section shall be known, and may be cited, as the Unruh Civil Rights Act. (b) All persons within the jurisdiction of this state are free and equal, and no matter what their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever. (c) This section shall not be construed to confer any right or privilege on a person that is conditioned or limited by law or that is applicable alike to persons of every sex, color, race, religion, ancestry, national origin, disability, medical condition, marital status, sexual orientation, citizenship, primary language, or immigration status, or to persons regardless of their genetic information. (d) Nothing in this section shall be construed to require any construction, alteration, repair, structural or otherwise, or modification of any sort whatsoever, beyond that construction, alteration, repair, or modification that is otherwise required by other provisions of law, to any new or existing establishment, facility, building, improvement, or any other structure, nor shall anything in this section be construed to augment, restrict, or alter in any way the authority of the State Architect to require construction, alteration, repair, or modifications that the State Architect otherwise possesses pursuant to other laws. (e) For purposes of this section: (1) “Disability” means any mental or physical disability as defined in Sections 12926 and 12926.1 of the Government Code. (2) (A) “Genetic information” means, with respect to any individual, information about any of the following: (i) The individual’s genetic tests. (ii) The genetic tests of family members of the individual. (iii) The manifestation of a disease or disorder in family members of the individual. (B) “Genetic information” includes any request for, or receipt of, genetic services, or participation in clinical research that includes genetic services, by an individual or any family member of the individual. (C) “Genetic information” does not include information about the sex or age of any individual. (3) “Medical condition” has the same meaning as defined in subdivision (i) of Section 12926 of the Government Code. (4) “Race” is inclusive of traits associated with race, including, but not limited to, hair texture and protective hairstyles. “Protective hairstyles” includes, but is not limited to, such hairstyles as braids, locs, and twists. (5) “Religion” includes all aspects of religious belief, observance, and practice. (6) “Sex” includes, but is not limited to, pregnancy, childbirth, or medical conditions related to pregnancy or childbirth. “Sex” also includes, but is not limited to, a person’s gender. “Gender” means sex, and includes a person’s gender identity and gender expression. “Gender expression” means a person’s gender-related appearance and behavior whether or not stereotypically associated with the person’s assigned sex at birth. (7) “Sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status” includes any of the following: (A) Any combination of those characteristics. (B) A perception that the person has any particular characteristic or characteristics within the listed categories or any combination of those characteristics. (C) A perception that the person is associated with a person who has, or is perceived to have, any particular characteristic or characteristics, or any combination of characteristics, within the listed categories. (8) “Sexual orientation” has the same meaning as defined in subdivision (s) of Section 12926 of the Government Code. (f) A violation of the right of any individual under the federal Americans with Disabilities Act of 1990 (Public Law 101-336) shall also constitute a violation of this section. (g) Verification of immigration status and any discrimination based upon verified immigration status, where required by federal law, shall not constitute a violation of this section. (h) Nothing in this section shall be construed to require the provision of services or documents in a language other than English, beyond that which is otherwise required by other provisions of federal, state, or local law, including Section 1632. (Amended by Stats. 2024, Ch. 779, Sec. 2.5. (SB 1137) Effective January 1, 2025.)
51.1.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. )
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In certain appellate proceedings involving specified civil rights sections, each party must serve its brief on the State Solicitor General, and a brief cannot be filed unless proof of service shows that service.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. ) ## 51.1. If a violation of Section 51, 51.5, 51.7, 51.9, or 52.1 is alleged or the application or construction of any of these sections is in issue in any proceeding in the Supreme Court of California, a state court of appeal, or the appellate division of a superior court, each party shall serve a copy of the party’s brief or petition and brief, on the State Solicitor General at the Office of the Attorney General. No brief may be accepted for filing unless the proof of service shows service on the State Solicitor General. Any party failing to comply with this requirement shall be given a reasonable opportunity to cure the failure before the court imposes any sanction and, in that instance, the court shall allow the Attorney General reasonable additional time to file a brief in the matter. (Added by Stats. 2002, Ch. 244, Sec. 1. Effective January 1, 2003.)
51.10.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. )
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A business establishment may not discriminate in housing sales or rentals based on age, but may establish and preserve senior citizens housing under Section 51.11, subject to stated exceptions.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. ) ## 51.10. (a) Section 51 shall be construed to prohibit a business establishment from discriminating in the sale or rental of housing based upon age. A business establishment may establish and preserve housing for senior citizens, pursuant to Section 51.11, except housing as to which Section 51.11 is preempted by the prohibition in the federal Fair Housing Amendments Act of 1988 (Public Law 100-430) and implementing regulations against discrimination on the basis of familial status. (b) This section is intended to clarify the holdings in Marina Point, Ltd. v. Wolfson (1982) 30 Cal.3d 721, and O’Connor v. Village Green Owners Association (1983) 33 Cal.3d 790. (c) Selection preferences based on age, imposed in connection with a federally approved housing program, do not constitute age discrimination in housing. (d) This section shall only apply to the County of Riverside. (Amended by Stats. 2010, Ch. 524, Sec. 3. (SB 1252) Effective January 1, 2011.)
51.11.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. )
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This section sets age-based occupancy rules for senior citizen housing, defines key resident categories, and gives certain residents the right to stay in the unit when the senior resident is absent or dies, subject to specific conditions.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. ) ## 51.11. (a) The Legislature finds and declares that this section is essential to establish and preserve housing for senior citizens. There are senior citizens who need special living environments, and find that there is an inadequate supply of this type of housing in the state. (b) For the purposes of this section, the following definitions apply: (1) “Qualifying resident” or “senior citizen” means a person 62 years of age or older, or 55 years of age or older in a senior citizen housing development. (2) “Qualified permanent resident” means a person who meets both of the following requirements: (A) Was residing with the qualifying resident or senior citizen prior to the death, hospitalization, or other prolonged absence of, or the dissolution of marriage with, the qualifying resident or senior citizen. (B) Was 45 years of age or older, or was a spouse, cohabitant, or person providing primary physical or economic support to the qualifying resident or senior citizen. (3) “Qualified permanent resident” also means a disabled person or person with a disabling illness or injury who is a child or grandchild of the senior citizen or a qualified permanent resident as defined in paragraph (2) who needs to live with the senior citizen or qualified permanent resident because of the disabling condition, illness, or injury. For purposes of this section, “disabled” means a person who has a disability as defined in subdivision (b) of Section 54. A “disabling injury or illness” means an illness or injury which results in a condition meeting the definition of disability set forth in subdivision (b) of Section 54. (A) For any person who is a qualified permanent resident under paragraph (3) whose disabling condition ends, the owner, board of directors, or other governing body may require the formerly disabled resident to cease residing in the development upon receipt of six months’ written notice; provided, however, that the owner, board of directors, or other governing body may allow the person to remain a resident for up to one year, after the disabling condition ends. (B) The owner, board of directors, or other governing body of the senior citizen housing development may take action to prohibit or terminate occupancy by a person who is a qualified permanent resident under paragraph (3) if the owner, board of directors, or other governing body finds, based on credible and objective evidence, that the person is likely to pose a significant threat to the health or safety of others that cannot be ameliorated by means of a reasonable accommodation; provided, however, that action to prohibit or terminate the occupancy may be taken only after doing both of the following: (i) Providing reasonable notice to and an opportunity to be heard for the disabled person whose occupancy is being challenged, and reasonable notice to the coresident parent or grandparent of that person. (ii) Giving due consideration to the relevant, credible, and objective information provided in that hearing. The evidence shall be taken and held in a confidential manner, pursuant to a closed session, by the owner, board of directors, or other governing body in order to preserve the privacy of the affected persons. The affected persons shall be entitled to have present at the hearing an attorney or any other person authorized by them to speak on their behalf or to assist them in the matter. (4) “Senior citizen housing development” means a residential development developed with more than 20 units as a senior community by its developer and zoned as a senior community by a local governmental entity, or characterized as a senior community in its governing documents, as these are defined in Section 4150, or qualified as a senior community under the federal Fair Housing Amendments Act of 1988, as amended. Any senior citizen housing development which is required to obtain a public report under Section 11010 of the Business and Professions Code and which submits its application for a public report after July 1, 2001, shall be required to have been issued a public report as a senior citizen housing development under Section 11010.05 of the Business and Professions Code. (5) “Dwelling unit” or “housing” means any residential accommodation other than a mobilehome. (6) “Cohabitant” refers to persons who live together as spouses or persons who are domestic partners within the meaning of Section 297 of the Family Code. (7) “Permitted health care resident” means a person hired to provide live-in, long-term, or terminal health care to a qualifying resident, or a family member of the qualifying resident providing that care. For the purposes of this section, the care provided by a permitted health care resident must be substantial in nature and must provide either assistance with necessary daily activities or medical treatment, or both. A permitted health care resident shall be entitled to continue his or her occupancy, residency, or use of the dwelling unit as a permitted resident in the absence of the senior citizen from the dwelling unit only if both of the following are applicable: (A) The senior citizen became absent from the dwelling unit due to hospitalization or other necessary medical treatment and expects to return to his or her residence within 90 days from the date the absence began. (B) The absent senior citizen or an authorized person acting for the senior citizen submits a written request to the owner, board of directors, or governing board stating that the senior citizen desires that the permitted health care resident be allowed to remain in order to be present when the senior citizen returns to reside in the development. Upon written request by the senior citizen or an authorized person acting for the senior citizen, the owner, board of directors, or governing board shall have the discretion to allow a permitted health care resident to remain for a time period longer than 90 days from the date that the senior citizen’s absence began, if it appears that the senior citizen will return within a period of time not to exceed an additional 90 days. (c) The covenants, conditions, and restrictions and other documents or written policy shall set forth the limitations on occupancy, residency, or use on the basis of age. Any limitation shall not be more exclusive than to require that one person in residence in each dwelling unit may be required to be a senior citizen and that each other resident in the same dwelling unit may be required to be a qualified permanent resident, a permitted health care resident, or a person under 55 years of age whose occupancy is permitted under subdivision (g) of this section or subdivision (b) of Section 51.12. That limitation may be less exclusive, but shall at least require that the persons commencing any occupancy of a dwelling unit include a senior citizen who intends to reside in the unit as his or her primary residence on a permanent basis. The application of the rules set forth in this subdivision regarding limitations on occupancy may result in less than all of the dwellings being actually occupied by a senior citizen. (d) The covenants, conditions, and restrictions or other documents or written policy shall permit temporary residency, as a guest of a senior citizen or qualified permanent resident, by a person of less than 55 years of age for periods of time, not more than 60 days in any year, that are specified in the covenants, conditions, and restrictions or other documents or written policy. (e) Upon the death or dissolution of marriage, or upon hospitalization, or other prolonged absence of the qualifying resident, any qualified permanent resident shall be entitled to continue his or her occupancy, residency, or use of the dwelling unit as a permitted resident. This subdivision shall not apply to a permitted health care resident. (f) The covenants, conditions, and restrictions or other documents or written policies applicable to any condominium, stock cooperative, limited-equity housing cooperative, planned development, or multiple-family residential property that contained age restrictions on January 1, 1984, shall be enforceable only to the extent permitted by this section, notwithstanding lower age restrictions contained in those documents or policies. (g) Any person who has the right to reside in, occupy, or use the housing or an unimproved lot subject to this section on or after January 1, 1985, shall not be deprived of the right to continue that residency, occupancy, or use as the result of the enactment of this section by Chapter 1147 of the Statutes of 1996. (h) A housing development may qualify as a senior citizen housing development under this section even though, as of January 1, 1997, it does not meet the definition of a senior citizen housing development specified in subdivision (b), if the development complies with that definition for every unit that becomes occupied after January 1, 1997, and if the development was once within that definition, and then became noncompliant with the definition as the result of any one of the following: (1) The development was ordered by a court or a local, state, or federal enforcement agency to allow persons other than qualifying residents, qualified permanent residents, or permitted health care residents to reside in the development. (2) The development received a notice of a pending or proposed action in, or by, a court, or a local, state, or federal enforcement agency, which action could have resulted in the development being ordered by a court or a state or federal enforcement agency to allow persons other than qualifying residents, qualified permanent residents, or permitted health care residents to reside in the development. (3) The development agreed to allow persons other than qualifying residents, qualified permanent residents, or permitted health care residents to reside in the development by entering into a stipulation, conciliation agreement, or settlement agreement with a local, state, or federal enforcement agency or with a private party who had filed, or indicated an intent to file, a complaint against the development with a local, state, or federal enforcement agency, or file an action in a court. (4) The development allowed persons other than qualifying residents, qualified permanent residents, or permitted health care residents to reside in the development on the advice of counsel in order to prevent the possibility of an action being filed by a private party or by a local, state, or federal enforcement agency. (i) The covenants, conditions, and restrictions or other documents or written policy of the senior citizen housing development shall permit the occupancy of a dwelling unit by a permitted health care resident during any period that the person is actually providing live-in, long-term, or hospice health care to a qualifying resident for compensation. (j) This section shall only apply to the County of Riverside. (Amended by Stats. 2016, Ch. 50, Sec. 6. (SB 1005) Effective January 1, 2017.)
51.12.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. )
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In Riverside County, certain existing residents, occupants, or users of qualifying senior citizen housing may not be deprived of their continued residency, occupancy, or use because of later changes to this section.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. ) ## 51.12. (a) The Legislature finds and declares that the requirements for senior housing under Sections 51.10 and 51.11 are more stringent than the requirements for that housing under the federal Fair Housing Amendments Act of 1988 (Public Law 100-430). (b) Any person who resided in, occupied, or used, prior to January 1, 1990, a dwelling in a senior citizen housing development which relied on the exemption to the special design requirement provided by Section 51.4 as that section read prior to January 1, 2001, shall not be deprived of the right to continue that residency, or occupancy, or use as the result of the changes made to this section by the enactment of Senate Bill 1382 or Senate Bill 2011 at the 1999–2000 Regular Session of the Legislature. (c) This section shall only apply to the County of Riverside. (Amended by Stats. 2000, Ch. 1004, Sec. 6. Effective January 1, 2001.)
51.13.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. )
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A business may give a discount or other benefit to a consumer or prospective consumer because of lost employment or reduced wages, and that alone is not treated as arbitrary discrimination under Section 51.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. ) ## 51.13. Any discount or other benefit offered to or conferred on a consumer or prospective consumer by a business because the consumer or prospective consumer has suffered the loss or reduction of employment or reduction of wages shall not be considered an arbitrary discrimination in violation of Section 51. (Added by Stats. 2009, Ch. 641, Sec. 1. (SB 367) Effective November 2, 2009.)
51.14.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. )
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The section bans charging different prices for substantially similar goods when the difference is based on gender, and it lets the Attorney General and courts enforce that rule.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. ) ## 51.14. (a) For the purposes of this section, the following terms apply: (1) “Business” means any business acting within the State of California that sells goods to any individual or entity, including, but not limited to, retailers, suppliers, manufacturers, and distributors. (2) “Goods” means any consumer products used, bought, or rendered primarily for personal, family, or household purposes. (3) (A) “Substantially similar” means two goods that exhibit all of the following characteristics: (i) No substantial differences in the materials used in production. (ii) The intended use is similar. (iii) The functional design and features are similar. (iv) The brand is the same or both brands are owned by the same individual or entity. (B) A difference in coloring among any of the goods shall not be construed as a substantial difference for the purposes of this paragraph. (b) A person, firm, partnership, company, corporation, or business shall not charge a different price for any two goods that are substantially similar if those goods are priced differently based on the gender of the individuals for whom the goods are marketed and intended. (c) This section does not prohibit price differences in goods or services based specifically upon any of the following: (1) The amount of time it took to manufacture those goods. (2) The difficulty in manufacturing those goods. (3) The cost incurred in manufacturing those goods. (4) The labor used in manufacturing those goods. (5) The materials used in manufacturing those goods. (6) Any other gender-neutral reason for charging a different price for those goods. (d) (1) Notwithstanding any other law, whenever the Attorney General has cause to believe that a violation of this section has occurred, the Attorney General may, upon notice to the defendant of not less than five days, seek a court order to enjoin and restrain the continuance of those violations. (2) If a court finds that the defendant has violated this section, an injunction may be issued by the court enjoining or restraining any violation, without requiring proof that any person has, in fact, been injured or damaged thereby. The court may make direct restitution, if applicable. In connection with the proposed application for an injunction, the Attorney General is authorized to take proof and make a determination of the relevant facts and to issue subpoenas in accordance with the civil practice law and rules. (3) If a court finds that the defendant has violated this section, a court may impose a civil penalty not to exceed ten thousand dollars ($10,000) for the first violation, and a civil penalty not to exceed one thousand dollars ($1,000) for each subsequent violation. The total civil penalty imposed pursuant to this paragraph shall not exceed one hundred thousand dollars ($100,000). (4) Notwithstanding paragraph (3), a court may impose additional civil penalties upon a defendant exceeding one hundred thousand dollars ($100,000) if the defendant subsequently violates this section with respect to the same goods for which the maximum civil penalty has been previously imposed under a separate civil action or for any good for which the Attorney General has not brought civil action pursuant to this section. (e) For the purposes of this section, each instance of charging a different price for two goods that are substantially similar, as specified in subdivision (b), shall constitute a single violation. (f) This section does not limit liability under the Unruh Civil Rights Act (Section 51). (Added by Stats. 2022, Ch. 555, Sec. 1. (AB 1287) Effective January 1, 2023.)
51.17.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. )
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The department must create a pilot program by January 1, 2025 to recognize qualifying businesses, give certificates to those that qualify, publish a public database of certificate holders, and evaluate the program by January 1, 2028.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. ) ## 51.17. (a) For purposes of this section, “department” refers to the Civil Rights Department. (b) (1) On or before January 1, 2025, the department shall establish a pilot program that recognizes businesses for creating safe and welcoming environments free from discrimination and harassment of customers. (2) To qualify for recognition under the pilot program, a business shall meet the criteria set out by the department, which may include, but not be limited to, the following: (A) Demonstrating compliance with Section 51. (B) Offering additional training to educate and inform employees or build skills. (C) Informing the public of their rights to be free from discrimination and harassment and how to report violations. (D) Outlining a code of conduct for the public that encourages respectful and civil behavior. (E) Any other actions designed to prevent and respond to discrimination and harassment regardless of the identity of the perpetrator. (3) The department shall provide a certificate to qualifying businesses that may be prominently displayed on site and publish on its internet website a database of businesses receiving that certificate. (4) On or before January 1, 2028, the department shall evaluate whether that recognition is effective, including, at a minimum, whether it affects customer behavior, incentivizes compliance among businesses with Section 51, or reduces the incidence of discrimination and harassment at businesses. (5) Recognition under the pilot program does not establish and is not relevant to any defense of claims brought under existing law. (c) This section shall remain in effect only until July 1, 2028, and as of that date is repealed. (Added by Stats. 2022, Ch. 315, Sec. 1. (AB 2448) Effective January 1, 2023. Repealed as of July 1, 2028, by its own provisions.)
51.2.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. )
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A business establishment may not discriminate in housing sales or rentals based on age, but it may keep or create senior citizen housing if the Section 51.3 conditions are met.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. ) ## 51.2. (a) Section 51 shall be construed to prohibit a business establishment from discriminating in the sale or rental of housing based upon age. Where accommodations are designed to meet the physical and social needs of senior citizens, a business establishment may establish and preserve that housing for senior citizens, pursuant to Section 51.3, except housing as to which Section 51.3 is preempted by the prohibition in the federal Fair Housing Amendments Act of 1988 (Public Law 100-430) and implementing regulations against discrimination on the basis of familial status. For accommodations constructed before February 8, 1982, that meet all the criteria for senior citizen housing specified in Section 51.3, a business establishment may establish and preserve that housing development for senior citizens without the housing development being designed to meet physical and social needs of senior citizens. (b) This section is intended to clarify the holdings in Marina Point, Ltd. v. Wolfson (1982) 30 Cal.3d 72 and O’Connor v. Village Green Owners Association (1983) 33 Cal.3d 790. (c) This section shall not apply to the County of Riverside. (d) A housing development for senior citizens constructed on or after January 1, 2001, shall be presumed to be designed to meet the physical and social needs of senior citizens if it includes all of the following elements: (1) Entryways, walkways, and hallways in the common areas of the development, and doorways and paths of access to and within the housing units, shall be as wide as required by current laws applicable to new multifamily housing construction for provision of access to persons using a standard-width wheelchair. (2) Walkways and hallways in the common areas of the development shall be equipped with standard height railings or grab bars to assist persons who have difficulty with walking. (3) Walkways and hallways in the common areas shall have lighting conditions which are of sufficient brightness to assist persons who have difficulty seeing. (4) Access to all common areas and housing units within the development shall be provided without use of stairs, either by means of an elevator or sloped walking ramps. (5) The development shall be designed to encourage social contact by providing at least one common room and at least some common open space. (6) Refuse collection shall be provided in a manner that requires a minimum of physical exertion by residents. (7) The development shall comply with all other applicable requirements for access and design imposed by law, including, but not limited to, the Fair Housing Act (42 U.S.C. Sec. 3601 et seq.), the Americans with Disabilities Act (42 U.S.C. Sec. 12101 et seq.), and the regulations promulgated at Title 24 of the California Code of Regulations that relate to access for persons with disabilities or handicaps. Nothing in this section shall be construed to limit or reduce any right or obligation applicable under those laws. (e) Selection preferences based on age, imposed in connection with a federally approved housing program, do not constitute age discrimination in housing. (Amended by Stats. 2010, Ch. 524, Sec. 2. (SB 1252) Effective January 1, 2011.)
51.3.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. )
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This section sets age-based occupancy rules for senior citizen housing and gives related residents, owners, and governing bodies specific rights and limits.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. ) ## 51.3. (a) The Legislature finds and declares that this section is essential to establish and preserve specially designed accessible housing for senior citizens. There are senior citizens who need special living environments and services, and find that there is an inadequate supply of this type of housing in the state. (b) For the purposes of this section, the following definitions apply: (1) “Qualifying resident” or “senior citizen” means a person 62 years of age or older, or 55 years of age or older in a senior citizen housing development. (2) “Qualified permanent resident” means a person who meets both of the following requirements: (A) Was residing with the qualifying resident or senior citizen prior to the death, hospitalization, or other prolonged absence of, or the dissolution of marriage with, the qualifying resident or senior citizen. (B) Was 45 years of age or older, or was a spouse, cohabitant, or person providing primary physical or economic support to the qualifying resident or senior citizen. (3) “Qualified permanent resident” also means a disabled person or person with a disabling illness or injury who is a child or grandchild of the senior citizen or a qualified permanent resident as defined in paragraph (2) who needs to live with the senior citizen or qualified permanent resident because of the disabling condition, illness, or injury. For purposes of this section, “disabled” means a person who has a disability as defined in subdivision (b) of Section 54. A “disabling injury or illness” means an illness or injury which results in a condition meeting the definition of disability set forth in subdivision (b) of Section 54. (A) For any person who is a qualified permanent resident under this paragraph whose disabling condition ends, the owner, board of directors, or other governing body may require the formerly disabled resident to cease residing in the development upon receipt of six months’ written notice; provided, however, that the owner, board of directors, or other governing body may allow the person to remain a resident for up to one year after the disabling condition ends. (B) The owner, board of directors, or other governing body of the senior citizen housing development may take action to prohibit or terminate occupancy by a person who is a qualified permanent resident under this paragraph if the owner, board of directors, or other governing body finds, based on credible and objective evidence, that the person is likely to pose a significant threat to the health or safety of others that cannot be ameliorated by means of a reasonable accommodation; provided, however, that the action to prohibit or terminate the occupancy may be taken only after doing both of the following: (i) Providing reasonable notice to and an opportunity to be heard for the disabled person whose occupancy is being challenged, and reasonable notice to the coresident parent or grandparent of that person. (ii) Giving due consideration to the relevant, credible, and objective information provided in the hearing. The evidence shall be taken and held in a confidential manner, pursuant to a closed session, by the owner, board of directors, or other governing body in order to preserve the privacy of the affected persons. The affected persons shall be entitled to have present at the hearing an attorney or any other person authorized by them to speak on their behalf or to assist them in the matter. (4) “Senior citizen housing development” means a residential development developed, substantially rehabilitated, or substantially renovated for, senior citizens that has at least 35 dwelling units. Any senior citizen housing development which is required to obtain a public report under Section 11010 of the Business and Professions Code and which submits its application for a public report after July 1, 2001, shall be required to have been issued a public report as a senior citizen housing development under Section 11010.05 of the Business and Professions Code. No housing development constructed prior to January 1, 1985, shall fail to qualify as a senior citizen housing development because it was not originally developed or put to use for occupancy by senior citizens. (5) “Dwelling unit” or “housing” means any residential accommodation other than a mobilehome. (6) “Cohabitant” refers to persons who live together as spouses or persons who are domestic partners within the meaning of Section 297 of the Family Code. (7) “Permitted health care resident” means a person hired to provide live-in, long-term, or terminal health care to a qualifying resident, or a family member of the qualifying resident providing that care. For the purposes of this section, the care provided by a permitted health care resident must be substantial in nature and must provide either assistance with necessary daily activities or medical treatment, or both. A permitted health care resident shall be entitled to continue his or her occupancy, residency, or use of the dwelling unit as a permitted resident in the absence of the senior citizen from the dwelling unit only if both of the following are applicable: (A) The senior citizen became absent from the dwelling unit due to hospitalization or other necessary medical treatment and expects to return to his or her residence within 90 days from the date the absence began. (B) The absent senior citizen or an authorized person acting for the senior citizen submits a written request to the owner, board of directors, or governing board stating that the senior citizen desires that the permitted health care resident be allowed to remain in order to be present when the senior citizen returns to reside in the development. Upon written request by the senior citizen or an authorized person acting for the senior citizen, the owner, board of directors, or governing board shall have the discretion to allow a permitted health care resident to remain for a time period longer than 90 days from the date that the senior citizen’s absence began, if it appears that the senior citizen will return within a period of time not to exceed an additional 90 days. (c) The covenants, conditions, and restrictions and other documents or written policy shall set forth the limitations on occupancy, residency, or use on the basis of age. Any such limitation shall not be more exclusive than to require that one person in residence in each dwelling unit may be required to be a senior citizen and that each other resident in the same dwelling unit may be required to be a qualified permanent resident, a permitted health care resident, or a person under 55 years of age whose occupancy is permitted under subdivision (h) of this section or under subdivision (b) of Section 51.4. That limitation may be less exclusive, but shall at least require that the persons commencing any occupancy of a dwelling unit include a senior citizen who intends to reside in the unit as his or her primary residence on a permanent basis. The application of the rules set forth in this subdivision regarding limitations on occupancy may result in less than all of the dwellings being actually occupied by a senior citizen. (d) The covenants, conditions, and restrictions or other documents or written policy shall permit temporary residency, as a guest of a senior citizen or qualified permanent resident, by a person of less than 55 years of age for periods of time, not less than 60 days in any year, that are specified in the covenants, conditions, and restrictions or other documents or written policy. (e) Upon the death or dissolution of marriage, or upon hospitalization, or other prolonged absence of the qualifying resident, any qualified permanent resident shall be entitled to continue his or her occupancy, residency, or use of the dwelling unit as a permitted resident. This subdivision shall not apply to a permitted health care resident. (f) The condominium, stock cooperative, limited-equity housing cooperative, planned development, or multiple-family residential rental property shall have been developed for, and initially been put to use as, housing for senior citizens, or shall have been substantially rehabilitated or renovated for, and immediately afterward put to use as, housing for senior citizens, as provided in this section; provided, however, that no housing development constructed prior to January 1, 1985, shall fail to qualify as a senior citizen housing development because it was not originally developed for or originally put to use for occupancy by senior citizens. (g) The covenants, conditions, and restrictions or other documents or written policies applicable to any condominium, stock cooperative, limited-equity housing cooperative, planned development, or multiple-family residential property that contained age restrictions on January 1, 1984, shall be enforceable only to the extent permitted by this section, notwithstanding lower age restrictions contained in those documents or policies. (h) Any person who has the right to reside in, occupy, or use the housing or an unimproved lot subject to this section on January 1, 1985, shall not be deprived of the right to continue that residency, occupancy, or use as the result of the enactment of this section. (i) The covenants, conditions, and restrictions or other documents or written policy of the senior citizen housing development shall permit the occupancy of a dwelling unit by a permitted health care resident during any period that the person is actually providing live-in, long-term, or hospice health care to a qualifying resident for compensation. For purposes of this subdivision, the term “for compensation” shall include provisions of lodging and food in exchange for care. (j) Notwithstanding any other provision of this section, this section shall not apply to the County of Riverside. (Amended by Stats. 2016, Ch. 50, Sec. 5. (SB 1005) Effective January 1, 2017.)
51.3.5.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. )
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This section sets rules for intergenerational housing developments for seniors, caregivers, and transition age youth, including occupancy limits, fair housing compliance, and notice-based removal rights.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. ) ## 51.3.5. (a) The Legislature finds and declares that this section is essential to establish and preserve specially designed, accessible, intergenerational housing for senior citizens. There are senior citizens who need special living environments and services and benefit from intergenerational housing environments, and find that there is an inadequate supply of this type of housing in the state. (b) An intergenerational housing development may be established to provide intergenerational housing consisting of units for senior citizens, caregivers, or transition age youths if all of the following conditions are satisfied: (1) (A) At least 80 percent of the occupied dwelling units are occupied by at least one senior citizen. This requirement shall commence when at least 25 percent of the units are occupied. A dwelling unit is occupied by at least one senior citizen if, on the date the exemption for housing designed for intergenerational housing is claimed, one of the following conditions is satisfied: (i) At least one occupant of the dwelling unit is a senior citizen. (ii) If the dwelling unit is temporarily vacant, at least one of the occupants immediately prior to the date on which the unit was temporarily vacated was a senior citizen. (B) Up to 20 percent of the occupied dwelling units are occupied by at least one caregiver or transition age youth. A dwelling unit is occupied by at least one caregiver or transition age youth if, on the date the exemption for housing designed for intergenerational housing is claimed, one of the following conditions is satisfied: (i) At least one occupant of the dwelling unit is a caregiver or transition age youth. (ii) If the dwelling unit is temporarily vacant, at least one of the occupants immediately prior to the date on which the unit was temporarily vacant was a caregiver or transition age youth. (2) The development is affordable to lower income households as defined in Section 50079.5 of the Health and Safety Code. (3) (A) If a unit that is identified for occupancy by a caregiver or transition age youth ceases to house a caregiver or transition age youth, the owner, board of directors, or other governing body may require, at their discretion, the household in that unit to cease residing in the development upon receipt of a minimum of six months written notice, for the sole purpose of ensuring that the unit may be made available to a qualifying caregiver or transition age youth. This action shall not constitute a violation of Section 51 or of Article 2 (commencing with Section 12955) of Chapter 6 of Part 2.8 of Division 3 of Title 2 of the Government Code (California Fair Employment and Housing Act). (B) The housing facility or community shall not evict or terminate the lease of a family with children in order to comply with the requirement that at least 80 percent of the occupied units be occupied by at least one senior citizen. This provision does not otherwise alter or affect applicable protections for tenants. (C) The covenants, conditions, and restrictions and other documents or written policy for the development shall set forth the limitations on occupancy, residency, or use consistent with this section. (4) Housing established pursuant to this section shall comply with all applicable fair housing laws, including, but not limited to, the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code) and the Fair Housing Act (42 U.S.C. Sec. 3601). (5) Notwithstanding any other law, any occupied dwelling units within an intergenerational housing development established pursuant to this section that are occupied by caregivers or transition age youth as described in subparagraph (B) of paragraph (1) shall not count toward the housing type goal for seniors under the qualified allocation plan adopted by the California Tax Credit Allocation Committee in accordance with Section 50199.14 of the Health and Safety Code. (c) This section specifically creates a state policy supporting intergenerational housing for senior citizens, caregivers, and transition age youth, as described in Section 42(g)(9) of the Internal Revenue Code, and, further, permits developers in receipt of local or state funds or tax credits designated for affordable rental housing to restrict occupancy to senior citizens, caregivers, and transition age youth, including permitting developers in receipt of tax credits designated for affordable rental housing to retain the right to prioritize and restrict occupancy, so long as that housing does not violate any other applicable laws. (d) For the purposes of this section, the following terms have the following meanings: (1) “Caregiver” means a person responsible for meeting the daily care needs of a senior citizen, or a person hired to provide live-in, long-term, or terminal health care to a qualifying resident, or a family member of the qualifying resident providing that care. For purposes of this section, the care provided shall be substantial in nature and shall include either assistance with necessary daily activities or medical treatment, or both. (2) “Senior citizen” or “resident” means a person 55 years of age or older. (3) “Transition age youth” means a person who is 18 to 24 years of age, inclusive, and who is either of the following: (A) A current or former foster youth who has been adjudged a ward or dependent of the juvenile court pursuant to Section 300, 601, or 602 of the Welfare and Institutions Code. (B) A homeless youth or former homeless youth, who has met the McKinney-Vento Homeless Assistance Act of 1987 definition of “homeless children and youths,” as that term is defined in Section 11434a of Title 42 of the United States Code. (Added by Stats. 2021, Ch. 364, Sec. 3. (SB 591) Effective January 1, 2022.)
51.4.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. )
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This section protects certain existing residents or users of senior citizen housing from losing their right to keep residing in, occupying, or using the dwelling because of later changes to the section. It also excludes the County of Riverside from applying this section.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. ) ## 51.4. (a) The Legislature finds and declares that the requirements for senior housing under Sections 51.2 and 51.3 are more stringent than the requirements for that housing under the federal Fair Housing Amendments Act of 1988 (P.L. 100-430) in recognition of the acute shortage of housing for families with children in California. The Legislature further finds and declares that the special design requirements for senior housing under Sections 51.2 and 51.3 may pose a hardship to some housing developments that were constructed before the decision in Marina Point, Ltd. v. Wolfson (1982) 30 Cal.3d 721. The Legislature further finds and declares that the requirement for specially designed accommodations in senior housing under Sections 51.2 and 51.3 provides important benefits to senior citizens and also ensures that housing exempt from the prohibition of age discrimination is carefully tailored to meet the compelling societal interest in providing senior housing. (b) Any person who resided in, occupied, or used, prior to January 1, 1990, a dwelling in a senior citizen housing development that relied on the exemption to the special design requirement provided by this section prior to January 1, 2001, shall not be deprived of the right to continue that residency, occupancy, or use as the result of the changes made to this section by the enactment of Chapter 1004 of the Statutes of 2000. (c) This section shall not apply to the County of Riverside. (Amended by Stats. 2006, Ch. 538, Sec. 37. Effective January 1, 2007.)
51.5.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. )
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Business establishments may not discriminate or refuse commercial dealings with a person because of protected characteristics or related associations.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. ) ## 51.5. (a) No business establishment of any kind whatsoever shall discriminate against, boycott or blacklist, or refuse to buy from, contract with, sell to, or trade with any person in this state on account of any characteristic listed or defined in subdivision (b) or (e) of Section 51, or of the person’s partners, members, stockholders, directors, officers, managers, superintendents, agents, employees, business associates, suppliers, or customers, because the person is perceived to have one or more of those characteristics, or because the person is associated with a person who has, or is perceived to have, any of those characteristics. (b) As used in this section, “person” includes any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. (c) This section shall not be construed to require any construction, alteration, repair, structural or otherwise, or modification of any sort whatsoever, beyond that construction, alteration, repair, or modification that is otherwise required by other provisions of law, to any new or existing establishment, facility, building, improvement, or any other structure, nor shall this section be construed to augment, restrict, or alter in any way the authority of the State Architect to require construction, alteration, repair, or modifications that the State Architect otherwise possesses pursuant to other laws. (Amended by Stats. 2005, Ch. 420, Sec. 4. Effective January 1, 2006.)
51.6.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. )
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Business establishments may not charge different prices for similar services based on gender, and certain businesses must post and provide written price lists and signage.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. ) ## 51.6. (a) This section shall be known, and may be cited, as the Gender Tax Repeal Act of 1995. (b) No business establishment of any kind whatsoever may discriminate, with respect to the price charged for services of similar or like kind, against a person because of the person’s gender. (c) Nothing in subdivision (b) prohibits price differences based specifically upon the amount of time, difficulty, or cost of providing the services. (d) Except as provided in subdivision (f), the remedies for a violation of this section are the remedies provided in subdivision (a) of Section 52. However, an action under this section is independent of any other remedy or procedure that may be available to an aggrieved party. (e) This act does not alter or affect the provisions of the Health and Safety Code, the Insurance Code, or other laws that govern health care service plan or insurer underwriting or rating practices. (f) (1) The following business establishments shall clearly and conspicuously disclose to the customer in writing the pricing for each standard service provided: (A) Tailors or businesses providing aftermarket clothing alterations. (B) Barbers or hair salons. (C) Dry cleaners and laundries providing services to individuals. (2) The price list shall be posted in an area conspicuous to customers. Posted price lists shall be in no less than 14-point boldface type and clearly and completely display pricing for every standard service offered by the business under paragraph (1). (3) The business establishment shall provide the customer with a complete written price list upon request. (4) The business establishment shall display in a conspicuous place at least one clearly visible sign, printed in no less than 24-point boldface type, which reads: “CALIFORNIA LAW PROHIBITS ANY BUSINESS ESTABLISHMENT FROM DISCRIMINATING, WITH RESPECT TO THE PRICE CHARGED FOR SERVICES OF SIMILAR OR LIKE KIND, AGAINST A PERSON BECAUSE OF THE PERSON’S GENDER. A COMPLETE PRICE LIST IS AVAILABLE UPON REQUEST.” (5) A business establishment that fails to correct a violation of this subdivision within 30 days of receiving written notice of the violation is liable for a civil penalty of one thousand dollars ($1,000). (6) For the purposes of this subdivision, “standard service” means the 15 most frequently requested services provided by the business. (g) (1) Commencing January 1, 2021, a city, county, or city and county that issues business licenses shall provide a business, at the time the business is issued the license or when the license is renewed, written notice of these provisions in English, Spanish, Chinese, Tagalog, Vietnamese, and Korean. In order to comply with this paragraph, a city, county, or city and county may provide the business with the notice created by the Department of Consumer Affairs under subdivision (b) of Section 55.63. (2) A city, county, or city and county that issues business licenses may increase the fee for that license in an amount not to exceed the reasonable costs of providing the written notice above. (h) The Legislature finds and declares that this section addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this section applies to all cities, including charter cities. (Amended by Stats. 2019, Ch. 293, Sec. 1. (AB 1607) Effective January 1, 2020.)
51.7.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. )
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This section gives people a right to be free from violence or threats tied to protected characteristics or labor dispute positions, and limits contract waivers of rights under the section.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. ) ## 51.7. (a) This section shall be known, and may be cited, as the Ralph Civil Rights Act of 1976. (b) (1) All persons within the jurisdiction of this state have the right to be free from any violence, or intimidation by threat of violence, committed against their persons or property because of political affiliation, or on account of any characteristic listed or defined in subdivision (b) or (e) of Section 51, or position in a labor dispute, or because another person perceives them to have one or more of those characteristics. The identification in this subdivision of particular bases of discrimination is illustrative rather than restrictive. (2) For purposes of this subdivision, “intimidation by threat of violence” includes, but is not limited to, making or threatening to make a claim or report to a peace officer or law enforcement agency that falsely alleges that another person has engaged in unlawful activity or in an activity that requires law enforcement intervention, knowing that the claim or report is false, or with reckless disregard for the truth or falsity of the claim or report. (3) For purposes of this subdivision, “intimidation by threat of violence” includes, but is not limited to, terrorizing the owner or occupant of private property with the distribution of materials on the private property, without authorization, with the purpose of terrorizing the owner or occupant of that private property. (4) For purposes of this subdivision, “terrorize” means to cause a person of ordinary emotions and sensibilities to fear for personal safety. (c) (1) A person shall not require another person to waive any legal right, penalty, remedy, forum, or procedure for a violation of this section, as a condition of entering into a contract for goods or services, including the right to file and pursue a civil action or complaint with, or otherwise notify, the Attorney General or any other public prosecutor, or law enforcement agency, the Civil Rights Department, or any court or other governmental entity. (2) A person shall not refuse to enter into a contract with, or refuse to provide goods or services to, another person on the basis that the other person refuses to waive any legal right, penalty, remedy, forum, or procedure for a violation of this section, including the right to file and pursue a civil action or complaint with, or otherwise notify, the Attorney General or any other public prosecutor, or law enforcement agency, the Civil Rights Department, or any other governmental entity. (3) Any waiver of any legal right, penalty, remedy, forum, or procedure for a violation of this section, including the right to file and pursue a civil action or complaint with, or otherwise notify, the Attorney General or any other public prosecutor, or law enforcement agency, the Civil Rights Department, or any other governmental entity shall be knowing and voluntary, in writing, and expressly not made as a condition of entering into a contract for goods or services or as a condition of providing or receiving goods and services. (4) Any waiver of any legal right, penalty, remedy, forum, or procedure for a violation of this section that is required as a condition of entering into a contract for goods or services shall be deemed involuntary, unconscionable, against public policy, and unenforceable. This subdivision does not affect the enforceability or validity of any other provision of the contract. (5) A person who seeks to enforce a waiver of any legal right, penalty, remedy, forum, or procedure for a violation of this section has the burden of proving that the waiver was knowing and voluntary and not made as a condition of the contract or of providing or receiving the goods or services. (6) The exercise of a person’s right to refuse to waive any legal right, penalty, remedy, forum, or procedure for a violation of this section, including a rejection of a contract requiring a waiver, does not affect any otherwise legal terms of a contract or an agreement. (7) This subdivision does not apply to an agreement to waive any legal rights, penalties, remedies, forums, or procedures for a violation of this section after a legal claim has arisen. (8) This subdivision applies to an agreement to waive any legal right, penalty, remedy, forum, or procedure for a violation of this section, including an agreement to accept private arbitration, entered into, altered, modified, renewed, or extended on or after January 1, 2015. (d) This section does not apply to statements concerning positions in a labor dispute that are made during otherwise lawful labor picketing. (e) (1) Speech alone shall not support an action brought pursuant to this section, except upon a showing of all of the following: (A) The speech itself threatens violence against a specific person or group of persons. (B) The person or group of persons against whom the threat is directed reasonably fears that, because of the speech, violence will be committed against them or their property. (C) The person threatening violence is acting in reckless disregard for the threatening nature of their speech. (D) The person threatening violence has the apparent ability to carry out the threat. (2) This subdivision shall not be construed to negate or otherwise abrogate the requirements set forth in subdivisions (b) to (d), inclusive, to bring an action pursuant to this section. (f) The Legislature finds and declares that this section was enacted as part of the Ralph Civil Rights Act of 1976, in Chapter 1293 of the Statutes of 1976. (g) This section does not negate or otherwise abrogate the provisions of Sections 1668, 1953, and 3513. (Amended by Stats. 2024, Ch. 584, Sec. 1. (AB 3024) Effective September 25, 2024.)
51.8.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. )
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A franchisor must not discriminate when granting franchises based solely on the listed characteristics of the franchisee or the makeup of the neighborhood where the franchise is located.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. ) ## 51.8. (a) No franchisor shall discriminate in the granting of franchises solely on account of any characteristic listed or defined in subdivision (b) or (e) of Section 51 of the franchisee and the composition of a neighborhood or geographic area reflecting any characteristic listed or defined in subdivision (b) or (e) of Section 51 in which the franchise is located. Nothing in this section shall be interpreted to prohibit a franchisor from granting a franchise to prospective franchisees as part of a program or programs to make franchises available to persons lacking the capital, training, business experience, or other qualifications ordinarily required of franchisees, or any other affirmative action program adopted by the franchisor. (b) Nothing in this section shall be construed to require any construction, alteration, repair, structural or otherwise, or modification of any sort whatsoever, beyond that construction, alteration, repair, or modification that is otherwise required by other provisions of law, to any new or existing establishment, facility, building, improvement, or any other structure, nor shall anything in this section be construed to augment, restrict, or alter in any way the authority of the State Architect to require construction, alteration, repair, or modifications that the State Architect otherwise possesses pursuant to other laws. (Amended by Stats. 2005, Ch. 420, Sec. 6. Effective January 1, 2006.)
51.9.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. )
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A person can be liable for sexual harassment under this section if the plaintiff proves a qualifying business, service, or professional relationship, unwelcome sexual or gender-based conduct that is pervasive or severe, and resulting harm.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. ) ## 51.9. (a) A person is liable in a cause of action for sexual harassment under this section when the plaintiff proves all of the following elements: (1) There is a business, service, or professional relationship between the plaintiff and defendant or the defendant holds himself or herself out as being able to help the plaintiff establish a business, service, or professional relationship with the defendant or a third party. Such a relationship may exist between a plaintiff and a person, including, but not limited to, any of the following persons: (A) Physician, psychotherapist, or dentist. For purposes of this section, “psychotherapist” has the same meaning as set forth in paragraph (1) of subdivision (c) of Section 728 of the Business and Professions Code. (B) Attorney, holder of a master’s degree in social work, real estate agent, real estate appraiser, investor, accountant, banker, trust officer, financial planner loan officer, collection service, building contractor, or escrow loan officer. (C) Executor, trustee, or administrator. (D) Landlord or property manager. (E) Teacher. (F) Elected official. (G) Lobbyist. (H) Director or producer. (I) A relationship that is substantially similar to any of the above. (2) The defendant has made sexual advances, solicitations, sexual requests, demands for sexual compliance by the plaintiff, or engaged in other verbal, visual, or physical conduct of a sexual nature or of a hostile nature based on gender, that were unwelcome and pervasive or severe. (3) The plaintiff has suffered or will suffer economic loss or disadvantage or personal injury, including, but not limited to, emotional distress or the violation of a statutory or constitutional right, as a result of the conduct described in paragraph (2). (b) In an action pursuant to this section, damages shall be awarded as provided by subdivision (b) of Section 52. (c) Nothing in this section shall be construed to limit application of any other remedies or rights provided under the law. (d) The definition of sexual harassment and the standards for determining liability set forth in this section shall be limited to determining liability only with regard to a cause of action brought under this section. (Amended by Stats. 2018, Ch. 951, Sec. 1. (SB 224) Effective January 1, 2019.)
5100.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 4. Member Election [5100 - 5145] ( Article 4 added by Stats. 2012, Ch. 180, Sec. 2. )
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Associations must use secret ballots for certain elections and must hold board-seat elections at the end of the director’s term and at least every four years.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 4. Member Election [5100 - 5145] ( Article 4 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5100. (a) (1) Notwithstanding any other law or provision of the governing documents, elections regarding assessments legally requiring a vote, election and removal of directors, amendments to the governing documents, or the grant of exclusive use of common area pursuant to Section 4600 shall be held by secret ballot in accordance with the procedures set forth in this article. (2) An association shall hold an election for a seat on the board of directors in accordance with the procedures set forth in this article at the expiration of the corresponding director’s term and at least once every four years. (b) This article also governs an election on any topic that is expressly identified in the operating rules as being governed by this article. (c) The provisions of this article apply to both incorporated and unincorporated associations, notwithstanding any contrary provision of the governing documents. (d) The procedures set forth in this article shall apply to votes cast directly by the membership, but do not apply to votes cast by delegates or other elected representatives. (e) In the event of a conflict between this article and the provisions of the Nonprofit Mutual Benefit Corporation Law (Part 3 (commencing with Section 7110) of Division 2 of Title 1 of the Corporations Code) relating to elections, the provisions of this article shall prevail. (f) Directors shall not be required to be elected pursuant to this article if the governing documents provide that one member from each separate interest is a director. (Amended by Stats. 2021, Ch. 517, Sec. 1. (AB 502) Effective January 1, 2022.)
5103.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 4. Member Election [5100 - 5145] ( Article 4 added by Stats. 2012, Ch. 180, Sec. 2. )
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An association may seat qualified candidates by acclamation instead of balloting if the nomination deadline has passed, the number of qualified candidates does not exceed the vacancies, and the required election history and notices have been provided.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 4. Member Election [5100 - 5145] ( Article 4 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5103. Notwithstanding the secret balloting requirement in Section 5100, or any contrary provision in the governing documents, when, as of the deadline for submitting nominations provided for in subdivision (a) of Section 5115, the number of qualified candidates is not more than the number of vacancies to be elected, as determined by the inspector or inspectors of the elections, the association may, but is not required to, consider the qualified candidates elected by acclamation if all of the following conditions have been met: (a) The association has held a regular election for the directors in the last three years. The three-year time period shall be calculated from the date ballots were due in the last full election to the start of voting for the proposed election. (b) The association provided individual notice of the election and the procedure for nominating candidates as follows: (1) Initial notice at least 90 days before the deadline for submitting nominations provided for in subdivision (a) of Section 5115. The initial notice shall include all of the following: (A) The number of board positions that will be filled at the election. (B) The deadline for submitting nominations. (C) The manner in which nominations can be submitted. (D) A statement informing members that if, at the close of the time period for making nominations, there are the same number or fewer qualified candidates as there are board positions to be filled, then the board of directors may, after voting to do so, seat the qualified candidates by acclamation without balloting. (2) A reminder notice between 7 and 30 days before the deadline for submitting nominations provided for in subdivision (a) of Section 5115. The reminder notice shall include all of the following: (A) The number of board positions that will be filled at the election. (B) The deadline for submitting nominations. (C) The manner in which nominations can be submitted. (D) A list of the names of all of the qualified candidates to fill the board positions as of the date of the reminder notice. (E) A statement reminding members that if, at the close of the time period for making nominations, there are the same number or fewer qualified candidates as there are board positions to be filled, then the board of directors may, after voting to do so, seat the qualified candidates by acclamation without balloting. This statement is not required if, at the time the reminder notice will be delivered, the number of qualified candidates already exceeds the number of board positions to be filled. (c) (1) The association provides, within seven business days of receiving a nomination, a written or electronic communication acknowledging the nomination to the member who submitted the nomination. (2) The association provides, within seven business days of receiving a nomination, a written or electronic communication to the nominee, indicating either of the following: (A) The nominee is a qualified candidate for the board of directors. (B) The nominee is not a qualified candidate for the board of directors, the basis for the disqualification, and the procedure, which shall comply with Article 2 (commencing with Section 5900) of Chapter 10, by which the nominee may appeal the disqualification. (3) The association may combine the written or electronic communication described in paragraphs (1) and (2) into a single written or electronic communication if the nominee and the nominator are the same person. (d) (1) The association permits all candidates to run if nominated, except for nominees disqualified for running as allowed or required pursuant to subdivisions (b) to (e), inclusive, of Section 5105. (2) If an association disqualifies a nominee pursuant to this subdivision, an association in its election rules shall also require a director to comply with the same requirements. (e) The association board votes to consider the qualified candidates elected by acclamation at a meeting pursuant to Article 2 (commencing with Section 4900) for which the agenda item reflects the name of each qualified candidate that will be seated by acclamation if the item is approved. (Amended by Stats. 2023, Ch. 770, Sec. 3. (AB 1764) Effective January 1, 2024.)
5105.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 4. Member Election [5100 - 5145] ( Article 4 added by Stats. 2012, Ch. 180, Sec. 2. )
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An association must adopt election operating rules that govern candidate access, nominations, ballots, inspectors, records, and electronic secret ballot procedures.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 4. Member Election [5100 - 5145] ( Article 4 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5105. (a) An association shall adopt operating rules in accordance with the procedures prescribed by Article 5 (commencing with Section 4340) of Chapter 3, that do all of the following: (1) Ensure that if any candidate or member advocating a point of view is provided access to association media, newsletters, or internet websites during a campaign, for purposes that are reasonably related to that election, equal access shall be provided to all candidates and members advocating a point of view, including those not endorsed by the board, for purposes that are reasonably related to the election. The association shall not edit or redact any content from these communications, but may include a statement specifying that the candidate or member, and not the association, is responsible for that content. (2) Ensure access to the common area meeting space, if any exists, during a campaign, at no cost, to all candidates, including those who are not incumbents, and to all members advocating a point of view, including those not endorsed by the board, for purposes reasonably related to the election. (3) Specify the qualifications for candidates for the board and any other elected position, subject to subdivision (b), and procedures for the nomination of candidates, consistent with the governing documents. A nomination or election procedure shall not be deemed reasonable if it disallows any member from nominating themself for election to the board. (4) Specify the voting power of each membership, the authenticity, validity, and effect of proxies, and the voting period for elections, including the times at which polls will open and close, consistent with the governing documents. (5) Specify a method of selecting one or three independent third parties as inspector or inspectors of elections utilizing one of the following methods: (A) Appointment of the inspector or inspectors by the board. (B) Election of the inspector or inspectors by the members of the association. (C) Any other method for selecting the inspector or inspectors. (6) Allow the inspector or inspectors to appoint and oversee additional persons to verify signatures and to count and tabulate votes as the inspector or inspectors deem appropriate, provided that the persons are independent third parties who meet the requirements in subdivision (b) of Section 5110. (7) Require retention of, as association election materials, both a candidate registration list and a voter list. The candidate list shall include names and addresses of individuals nominated as a candidate for election to the board of directors. The voter list shall include the name, voting power, and either the physical address of the voter’s separate interest, the parcel number, or both. The mailing address for the ballot shall be listed on the voter list if it differs from the physical address of the voter’s separate interest or if only the parcel number is used. The association shall permit members to verify the accuracy of their individual information on both lists at least 30 days before the ballots are distributed. The association or member shall report any errors or omissions to either list to the inspector or inspectors who shall make the corrections within two business days. (b) An association shall disqualify a person from a nomination as a candidate for not being a member of the association at the time of the nomination. An association shall disqualify a nominee if that person has served the maximum number of terms or sequential terms allowed by the association. A director who ceases to be a member shall be disqualified from continuing to serve as a director. (1) This subdivision does not restrict a developer from making a nomination of a nonmember candidate consistent with the voting power of the developer as set forth in the regulations of the Department of Real Estate and the association’s governing documents. (2) If title to a separate interest parcel is held by a legal entity that is not a natural person, the governing authority of that legal entity shall have the power to appoint a natural person to be a member for purposes of this article. (c) Through its bylaws or election operating rules adopted pursuant to subdivision (a) only, an association may disqualify a person from nomination as a candidate pursuant to any of the following: (1) Subject to paragraph (2) of subdivision (d), an association may require a nominee for a board seat, and a director during their board tenure, to be current in the payment of regular and special assessments, which are consumer debts subject to validation. If an association requires a nominee to be current in the payment of regular and special assessments, it shall also require a director to be current in the payment of regular and special assessments. (2) An association may disqualify a person from nomination as a candidate if the person, if elected, would be serving on the board at the same time as another person who holds a joint ownership interest in the same separate interest parcel as the person and the other person is either properly nominated for the current election or an incumbent director. (3) An association may disqualify a nominee if that person has been a member of the association for less than one year. (4) An association may disqualify a nominee if that person discloses, or if the association is aware or becomes aware of, a past criminal conviction that would, if the person was elected, either prevent the association from purchasing the insurance required by Section 5806 or terminate the association’s existing insurance coverage required by Section 5806 as to that person should the person be elected. (d) An association may disqualify a person from nomination for nonpayment of regular and special assessments, but may not disqualify a nominee for nonpayment of fines, fines renamed as assessments, collection charges, late charges, or costs levied by a third party. The person shall not be disqualified for failure to be current in payment of regular and special assessments if either of the following circumstances is true: (1) The person has paid the regular or special assessment under protest pursuant to Section 5658. (2) The person has entered into and is in compliance with a payment plan pursuant to Section 5665. (e) An association shall not disqualify a person from nomination if the person has not been provided the opportunity to engage in internal dispute resolution pursuant to Article 2 (commencing with Section 5900) of Chapter 10. (f) If an association disqualifies a nominee pursuant to this section, an association in its election rules shall also require a director to comply with the same requirements. (g) Except as provided in subdivision (i), notwithstanding any other law, the rules adopted pursuant to this section may provide for the nomination of candidates from the floor of membership meetings or nomination by any other manner. Those rules may permit write-in candidates for ballots. (h) Notwithstanding any other law, the rules adopted pursuant to this section shall do all of the following: (1) Prohibit the denial of a ballot to a member for any reason other than not being a member at the time when ballots are distributed. (2) Prohibit the denial of a ballot to a person with general power of attorney for a member. (3) Require the ballot of a person with general power of attorney for a member to be counted if returned in a timely manner. (4) Require the inspector or inspectors of elections to deliver, or cause to be delivered, at least 30 days before an election, to each member both of the following documents: (A) The ballot or ballots. (B) A copy of the election operating rules. Delivery of the election operating rules may be accomplished by any of the following methods: (i) Posting the election operating rules to an internet website and including the corresponding internet website address on the ballot together with the phrase, in at least 12-point type: “The rules governing this election may be found here:” (ii) Individual delivery. (iii) Election operating rules adopted pursuant to this section shall not be amended less than 90 days prior to an election. (i) Notwithstanding an association’s governing documents, the association may adopt an election operating rule that allows an association to utilize an inspector or inspectors of elections, as specified in Section 5110, to conduct an election by electronic secret ballot, except for an election regarding regular or special assessments, as provided for in Chapter 8 (commencing with Section 5600). (1) An election operating rule adopted pursuant to this subdivision shall include, but not be limited to, all of the following purposes: (A) Permitting a member to change their preferred method of voting from electronic secret ballot to written ballot or written ballot to electronic secret ballot no later than 90 days before an election. (B) Requiring an electronic secret ballot and a written ballot to contain the same list of items being voted on. (C) (i) For an election operating rule where a member is permitted to opt out of voting by electronic secret ballot to vote by written ballot, requiring the association to mail a written ballot only to a member who has opted out of voting by electronic secret ballot or for whom the association does not have an email address required to vote by electronic secret ballot. (ii) For an election operating rule where a member who is permitted to opt into voting by electronic secret ballot, requiring the association to send an electronic secret ballot only to a member who has opted into voting by electronic secret ballot. (D) Requiring the association to maintain a voting list identifying which members will vote by electronic secret ballot and which members will vote by written ballot, and include information on the procedures to either opt out of or opt into voting by electronic secret ballot, as applicable, in the annual statement prepared pursuant to Section 5310. (E) Requiring a member who votes by electronic secret ballot to provide a valid email address to the association. (F) Prohibiting nomination of candidates from the floor of membership meetings, notwithstanding subdivision (g). (2) An electronic secret ballot may be accompanied by or contained in an electronic individual notice in accordance with paragraph (2) of subdivision (a) of Section 4040. (3) (A) The association shall deliver individual notice of the electronic secret ballot to each member 30 days before the election and shall contain instructions on both of the following: (i) How to obtain access to that internet-based voting system. (ii) How to vote by electronic secret ballot. (B) Delivery of the individual notice described in subparagraph (A) may be accomplished by electronic submission to an address, location, or system designated by the member. (4) For an election operating rule where members are permitted to opt out of voting by electronic secret ballot to vote by written ballot, the association shall provide individual notice, delivered pursuant to Section 4040, at least 30 days before the deadline to opt out of voting by electronic secret ballot, of all of the following: (A) The member’s current voting method. (B) If the member’s voting method is by electronic secret ballot and the association has an email address for the member, the email address of the member that will be used for voting by electronic secret ballot. (C) An explanation that the member is required to opt out of voting by electronic secret ballot if the member elects to vote by written secret ballot. (D) An explanation of how a member may opt out of voting by electronic secret ballot. (E) The deadline by which the member is required to opt out of voting by electronic secret ballot if the member elects to exercise that right. (5) A vote made by electronic secret ballot is effective when it is electronically transmitted to an address, location, or system designated by an inspector or inspectors of elections. (6) A vote made by electronic secret ballot shall not be revoked. (7) If the association does not have a member’s email address required to vote by electronic secret ballot by the time at which ballots are to be distributed, the association shall send the member a written secret ballot. (8) For purposes of determining a quorum, a member voting electronically pursuant to this subdivision shall be counted as a member in attendance at the meeting. Once the quorum is established, a substantive vote of the members shall not be taken on any issue other than the issues specifically identified in the electronic vote. (9) As used in this subdivision, “electronic secret ballot” means a ballot conducted by an electronic voting system that ensures the secrecy and integrity of a ballot pursuant to the requirements of this article. (Amended by Stats. 2024, Ch. 383, Sec. 1. (AB 2159) Effective January 1, 2025.)
5110.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 4. Member Election [5100 - 5145] ( Article 4 added by Stats. 2012, Ch. 180, Sec. 2. )
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The association must appoint one or three independent election inspectors, and those inspectors must run the election and handle ballots fairly and impartially.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 4. Member Election [5100 - 5145] ( Article 4 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5110. (a) The association shall select an independent third party or parties as an inspector of elections. The number of inspectors of elections shall be one or three. (b) For the purposes of this section, an independent third party includes, but is not limited to, a volunteer poll worker with the county registrar of voters, a licensee of the California Board of Accountancy, or a notary public. An independent third party may be a member, but may not be a director or a candidate for director or be related to a director or to a candidate for director. An independent third party may not be a person, business entity, or subdivision of a business entity who is currently employed or under contract to the association for any compensable services other than serving as an inspector of elections. (c) The inspector or inspectors of elections shall do all of the following: (1) Determine the number of memberships entitled to vote and the voting power of each. (2) Determine the authenticity, validity, and effect of proxies, if any. (3) Receive ballots. (4) Ensure compliance with all of the following, if the inspector or inspectors of elections conducts an election by electronic secret ballot pursuant to Section 5105: (A) Each member voting by electronic secret ballot shall be provided with all of the following: (i) A method to authenticate the member’s identity to the internet-based voting system. (ii) A method to transmit an electronic secret ballot to the internet-based voting system that ensures the secrecy and integrity of each ballot. (iii) A method to confirm, at least 30 days before the voting deadline, that the member’s electronic device can successfully communicate with the internet-based voting system. (B) Any internet-based voting system that is utilized shall have the ability to accomplish all of the following: (i) Authenticate the member’s identity. (ii) Authenticate the validity of each electronic secret ballot to ensure that the electronic secret ballot is not altered in transit. (iii) Transmit a receipt from the internet-based voting system to each member who casts an electronic secret ballot. (iv) Permanently separate any authenticating or identifying information from the electronic secret ballot, rendering it impossible to connect an election ballot to a specific member. (v) Store and keep electronic secret ballots accessible to elections officials or their authorized representatives for recount, inspection, and review purposes. (5) Hear and determine all challenges and questions in any way arising out of or in connection with the right to vote. (6) Count and tabulate all votes. (7) Determine when the polls shall close, consistent with the governing documents. (8) Determine the tabulated results of the election. (9) Perform any acts as may be proper to conduct the election with fairness to all members in accordance with this article, the Corporations Code, and all applicable rules of the association regarding the conduct of the election that are not in conflict with this article. (d) An inspector or inspectors of elections shall perform all duties impartially, in good faith, to the best of the inspector or inspectors of elections’ ability, as expeditiously as is practical, and in a manner that protects the interest of all members of the association. If there are three inspectors of elections, the decision or act of a majority shall be effective in all respects as the decision or act of all. Any report made by the inspector or inspectors of elections is prima facie evidence of the facts stated in the report. (Amended by Stats. 2024, Ch. 383, Sec. 2. (AB 2159) Effective January 1, 2025.)
5115.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 4. Member Election [5100 - 5145] ( Article 4 added by Stats. 2012, Ch. 180, Sec. 2. )
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An association must give members advance notice for director and recall elections, send ballots and return envelopes on time, and follow confidentiality and quorum rules.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 4. Member Election [5100 - 5145] ( Article 4 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5115. (a) An association shall provide general notice of the procedure and deadline for submitting a nomination at least 30 days before any deadline for submitting a nomination. Individual notice shall be delivered pursuant to Section 4040 if individual notice is requested by a member. This subdivision shall only apply to elections of directors and to recall elections. (b) For elections of directors and for recall elections, an association shall provide general notice of all of the following at least 30 days before the ballots are distributed: (1) The date and time by which, and the physical address where, ballots are to be returned by mail or handed to the inspector or inspectors of elections. (2) If the association allows for voting in an election by electronic secret ballot as provided for in Section 5105, the date and time by which electronic secret ballots are to be transmitted to the internet-based voting system and preliminary instructions on how to vote by electronic secret ballot upon commencement of the voting period. (3) The date, time, and location of the meeting at which a quorum will be determined, if the association’s governing documents require a quorum, and at which ballots will be counted. (4) The list of all candidates’ names that will appear on the ballot. (5) Individual notice of the above paragraphs shall be delivered pursuant to Section 4040 if individual notice is requested by a member. (6) (A) If the association’s governing documents require a quorum for an election of directors, a statement that the association may call a reconvened meeting to be held at least 20 days after a scheduled election if the required quorum is not reached, at which time the quorum of the membership to elect directors will be 20 percent of the association’s members, voting in person, by proxy, or by secret ballot. (B) This paragraph shall not apply if the governing documents of the association provide for a quorum lower than 20 percent. (c) Ballots and two preaddressed envelopes with instructions on how to return ballots shall be mailed by first-class mail or delivered by the association to every member not less than 30 days prior to the deadline for voting, unless an association conducts an election by electronic secret ballot as provided for in Section 5105, in which case only members who will vote by written secret ballot pursuant to Section 5105 shall be mailed or delivered the ballots and envelopes. In order to preserve confidentiality, a voter may not be identified by name, address, or lot, parcel, or unit number on the ballot. The association shall use as a model those procedures used by California counties for ensuring confidentiality of vote by mail ballots, including both of the following: (1) The ballot itself is not signed by the voter, but is inserted into an envelope that is sealed. This envelope is inserted into a second envelope that is sealed. In the upper left-hand corner of the second envelope, the voter shall sign the voter’s name, indicate the voter’s name, and indicate the address or separate interest identifier that entitles the voter to vote. (2) The second envelope is addressed to the inspector or inspectors of elections, who will be tallying the votes. The envelope may be mailed or delivered by hand to a location specified by the inspector or inspectors of elections. The member may request a receipt for delivery. (d) (1) A quorum shall be required only if so stated in the governing documents or other provisions of law. If a quorum is required by the governing documents, each ballot received by the inspector or inspectors of elections shall be treated as a member present at a meeting for purposes of establishing a quorum. (2) For an election of directors of an association, and in the absence of meeting a quorum as required by the association’s governing documents or Section 7512 of the Corporations Code, unless a lower quorum for a reconvened meeting is authorized by the association’s governing documents, the association may adjourn the meeting to a date at least 20 days after the adjourned meeting, at which time the quorum required for purposes of a reconvened meeting to elect directors shall be 20 percent of the association’s members, voting in person, by proxy, or by secret ballot. (3) No less than 15 days prior to the date of the reconvened meeting described in paragraph (2), the association shall provide general notice of the reconvened meeting, which shall include: (A) The date, time, and location of the meeting. (B) The list of all candidates. (C) Unless the association’s governing documents provide for a lower quorum, a statement that 20 percent of the association’s members, voting in person, by proxy, or secret ballot will satisfy the quorum requirements for the election of directors at that reconvened meeting and that the ballots will be counted if a quorum is reached, if the association’s governing documents require a quorum. (e) An association shall allow for cumulative voting using the secret ballot procedures provided in this section, if cumulative voting is provided for in the governing documents. (f) Notwithstanding any contrary provision in the governing documents, except for the meeting to count the votes required in subdivision (a) of Section 5120, an election may be conducted entirely by mail, electronic secret ballot, or a combination of mail and electronic secret ballot, pursuant to Section 5105. (g) (1) Except as provided in paragraph (2), in an election to approve an amendment of the governing documents, the text of the proposed amendment shall be delivered to the members with the ballot. (2) Notwithstanding paragraph (1), if an association conducts an election to approve an amendment of governing documents by electronic secret ballot, the association may deliver, by electronic means, the text of the proposed amendment to those members who vote by electronic secret ballot, pursuant to Section 5105. The association shall also deliver a written copy of the text of the proposed amendment to those members upon request and without charge. If a member votes by written secret ballot, pursuant to Section 5105, the association shall deliver a written copy of the text of the proposed amendment to the member with the ballot. (Amended by Stats. 2025, Ch. 67, Sec. 37. (AB 1170) Effective January 1, 2026.)
5120.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 4. Member Election [5100 - 5145] ( Article 4 added by Stats. 2012, Ch. 180, Sec. 2. )
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Election votes must be counted publicly, ballots and tally sheets may not be opened or reviewed before the proper time, and election results must be reported and made available to association members.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 4. Member Election [5100 - 5145] ( Article 4 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5120. (a) All votes shall be counted and tabulated by the inspector or inspectors of elections, or the designee of the inspector or inspectors of elections, in public at a properly noticed open meeting of the board or members. Any candidate or other member of the association may witness the counting and tabulation of the votes. A person, including a member of the association or an employee of the management company, shall not open or otherwise review any ballot before the time and place at which the ballots are counted and tabulated. The inspector or inspectors of elections, or the designee of the inspector or inspectors of elections, may verify the member’s information and signature on the outer envelope prior to the meeting at which ballots are tabulated. Once a secret ballot is received by the inspector or inspectors of elections, it shall be irrevocable. (b) The tabulated results of the election shall be promptly reported to the board and shall be recorded in the minutes of the next meeting of the board and shall be available for review by members of the association. Within 15 days of the election, the board shall give general notice pursuant to Section 4045 of the tabulated results of the election. (c) A person, including a member of the association or an employee of the management company, shall not open or otherwise review any tally sheet of votes cast by electronic secret ballots before the time and place at which the ballots are counted and tabulated. (Amended by Stats. 2024, Ch. 383, Sec. 4. (AB 2159) Effective January 1, 2025.)
5125.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 4. Member Election [5100 - 5145] ( Article 4 added by Stats. 2012, Ch. 180, Sec. 2. )
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Election ballots and related records must stay with the election inspector until the vote is tabulated and the challenge period ends, then go to the association. If there is a recount or election challenge, the inspector must provide the ballots and tally sheet for inspection on written request, and any recount must protect voter confidentiality.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 4. Member Election [5100 - 5145] ( Article 4 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5125. The sealed ballots, signed voter envelopes, voter list, proxies, candidate registration list, and tally sheet of votes cast by electronic secret ballot shall at all times be in the custody of the inspector or inspectors of elections or at a location designated by the inspector or inspectors until after the tabulation of the vote, and until the time allowed by Section 5145 for challenging the election has expired, at which time custody shall be transferred to the association. If there is a recount or other challenge to the election process, the inspector or inspectors of elections shall, upon written request, make the ballots and the tally sheet of votes cast by electronic secret ballot available for inspection and review by an association member or the member’s authorized representative. Any recount shall be conducted in a manner that preserves the confidentiality of the vote. (Amended by Stats. 2024, Ch. 383, Sec. 5. (AB 2159) Effective January 1, 2025.)
5130.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 4. Member Election [5100 - 5145] ( Article 4 added by Stats. 2012, Ch. 180, Sec. 2. )
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This section defines “proxy” and “signed,” limits proxy use in association elections, requires secret-ballot casting by a proxyholder, and allows a member to revoke a proxy before ballot receipt by the inspector of elections.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 4. Member Election [5100 - 5145] ( Article 4 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5130. (a) For purposes of this article, the following definitions shall apply: (1) “Proxy” means a written authorization signed by a member or the authorized representative of the member that gives another member or members the power to vote on behalf of that member. (2) “Signed” means the placing of the member’s name on the proxy (whether by manual signature, typewriting, telegraphic transmission, or otherwise) by the member or authorized representative of the member. (b) Proxies shall not be construed or used in lieu of a ballot. An association may use proxies if permitted or required by the bylaws of the association and if those proxies meet the requirements of this article, other laws, and the governing documents, but the association shall not be required to prepare or distribute proxies pursuant to this article. (c) Any instruction given in a proxy issued for an election that directs the manner in which the proxyholder is to cast the vote shall be set forth on a separate page of the proxy that can be detached and given to the proxyholder to retain. The proxyholder shall cast the member’s vote by secret ballot. The proxy may be revoked by the member prior to the receipt of the ballot by the inspector of elections as described in Section 7613 of the Corporations Code. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
5135.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 4. Member Election [5100 - 5145] ( Article 4 added by Stats. 2012, Ch. 180, Sec. 2. )
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Association funds may not be used for campaign purposes in association elections, except when needed to comply with legal duties.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 4. Member Election [5100 - 5145] ( Article 4 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5135. (a) Association funds shall not be used for campaign purposes in connection with any association board election. Funds of the association shall not be used for campaign purposes in connection with any other association election except to the extent necessary to comply with duties of the association imposed by law. (b) For the purposes of this section, “campaign purposes” includes, but is not limited to, the following: (1) Expressly advocating the election or defeat of any candidate that is on the association election ballot. (2) Including the photograph or prominently featuring the name of any candidate on a communication from the association or its board, excepting the ballot, ballot materials, or a communication that is legally required, within 30 days of an election. This is not a campaign purpose if the communication is one for which subdivision (a) of Section 5105 requires that equal access be provided to another candidate or advocate. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
5145.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 4. Member Election [5100 - 5145] ( Article 4 added by Stats. 2012, Ch. 180, Sec. 2. )
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A member of an association may sue over violations of this article, and a court can void election results if the article’s procedures were not followed and the noncompliance affected the outcome.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 4. Member Election [5100 - 5145] ( Article 4 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5145. (a) A member of an association may bring a civil action for declaratory or equitable relief for a violation of this article by the association, including, but not limited to, injunctive relief, restitution, or a combination thereof, within one year of the date that the inspector or inspectors of elections notifies the board and membership of the election results or the cause of action accrues, whichever is later. If a member establishes, by a preponderance of the evidence, that the election procedures of this article, or the adoption of and adherence to rules provided by Article 5 (commencing with Section 4340) of Chapter 3, were not followed, a court shall void any results of the election unless the association establishes, by a preponderance of the evidence, that the association’s noncompliance with this article or the election operating rules did not affect the results of the election. The findings of the court shall be stated in writing as part of the record. (b) A member who prevails in a civil action to enforce the member’s rights pursuant to this article shall be entitled to reasonable attorney’s fees and court costs, and the court may impose a civil penalty of up to five hundred dollars ($500) for each violation, except that each identical violation shall be subject to only one penalty if the violation affects each member of the association equally. A prevailing association shall not recover any costs, unless the court finds the action to be frivolous, unreasonable, or without foundation. If a member prevails in a civil action brought in small claims court, the member shall be awarded court costs and reasonable attorney’s fees incurred for consulting an attorney in connection with this civil action. (c) A cause of action under subdivision (a) may be brought in either the superior court or, if the amount of the demand does not exceed the jurisdictional amount of the small claims court, in small claims court. (Amended by Stats. 2019, Ch. 848, Sec. 6. (SB 323) Effective January 1, 2020.)
52.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. )
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This section lets a person sue for damages and related remedies if someone denies certain rights or discriminates contrary to the referenced sections.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. ) ## 52. (a) Whoever denies, aids or incites a denial, or makes any discrimination or distinction contrary to Section 51, 51.5, or 51.6, is liable for each and every offense for the actual damages, and any amount that may be determined by a jury, or a court sitting without a jury, up to a maximum of three times the amount of actual damage but in no case less than four thousand dollars ($4,000), and any attorney’s fees that may be determined by the court in addition thereto, suffered by any person denied the rights provided in Section 51, 51.5, or 51.6. (b) Whoever denies the right provided by Section 51.7 or 51.9, or aids, incites, or conspires in that denial, is liable for each and every offense for the actual damages suffered by any person denied that right and, in addition, the following: (1) An amount to be determined by a jury, or a court sitting without a jury, for exemplary damages. (2) A civil penalty of twenty-five thousand dollars ($25,000) to be awarded to the person denied the right provided by Section 51.7 in any action brought by the person denied the right, or by the Attorney General, a district attorney, or a city attorney. An action for that penalty brought pursuant to Section 51.7 shall be commenced within three years of the alleged practice. (3) Attorney’s fees as may be determined by the court. (c) Whenever there is reasonable cause to believe that any person or group of persons is engaged in conduct of resistance to the full enjoyment of any of the rights described in this section, and that conduct is of that nature and is intended to deny the full exercise of those rights, the Attorney General, any district attorney or city attorney, or any person aggrieved by the conduct may bring a civil action in the appropriate court by filing with it a complaint. The complaint shall contain the following: (1) The signature of the officer, or, in the officer’s absence, the individual acting on behalf of the officer, or the signature of the person aggrieved. (2) The facts pertaining to the conduct. (3) A request for preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order against the person or persons responsible for the conduct, as the complainant deems necessary to ensure the full enjoyment of the rights described in this section. (d) Whenever an action has been commenced in any court seeking relief from the denial of equal protection of the laws under the Fourteenth Amendment to the Constitution of the United States on account of race, color, religion, sex, national origin, or disability, the Attorney General or any district attorney or city attorney for or in the name of the people of the State of California may intervene in the action upon timely application if the Attorney General or any district attorney or city attorney certifies that the case is of general public importance. In that action, the people of the State of California shall be entitled to the same relief as if it had instituted the action. (e) Actions brought pursuant to this section are independent of any other actions, remedies, or procedures that may be available to an aggrieved party pursuant to any other law. (f) Any person claiming to be aggrieved by an alleged unlawful practice in violation of Section 51 or 51.7 may also file a verified complaint with the Civil Rights Department pursuant to Section 12948 of the Government Code. (g) This section does not require any construction, alteration, repair, structural or otherwise, or modification of any sort whatsoever, beyond that construction, alteration, repair, or modification that is otherwise required by other provisions of law, to any new or existing establishment, facility, building, improvement, or any other structure, nor does this section augment, restrict, or alter in any way the authority of the State Architect to require construction, alteration, repair, or modifications that the State Architect otherwise possesses pursuant to other laws. (h) For the purposes of this section, “actual damages” means special and general damages. This subdivision is declaratory of existing law. (i) Subdivisions (b) to (f), inclusive, shall not be waived by contract except as provided in Section 51.7. (Amended by Stats. 2022, Ch. 48, Sec. 5. (SB 189) Effective June 30, 2022.)
52.1.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. )
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This section creates civil remedies when a person uses threat, intimidation, or coercion to interfere with another person’s rights, and it also limits speech-based claims and speech-restricting orders.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. ) ## 52.1. (a) This section shall be known, and may be cited, as the Tom Bane Civil Rights Act. (b) If a person or persons, whether or not acting under color of law, interferes by threat, intimidation, or coercion, or attempts to interfere by threat, intimidation, or coercion, with the exercise or enjoyment by any individual or individuals of rights secured by the Constitution or laws of the United States, or of the rights secured by the Constitution or laws of this state, the Attorney General, or any district attorney or city attorney may bring a civil action for injunctive and other appropriate equitable relief in the name of the people of the State of California, in order to protect the peaceable exercise or enjoyment of the right or rights secured. An action brought by the Attorney General, any district attorney, or any city attorney may also seek a civil penalty of twenty-five thousand dollars ($25,000). If this civil penalty is requested, it shall be assessed individually against each person who is determined to have violated this section and the penalty shall be awarded to each individual whose rights under this section are determined to have been violated. (c) Any individual whose exercise or enjoyment of rights secured by the Constitution or laws of the United States, or of rights secured by the Constitution or laws of this state, has been interfered with, or attempted to be interfered with, as described in subdivision (b), may institute and prosecute in their own name and on their own behalf a civil action for damages, including, but not limited to, damages under Section 52, injunctive relief, and other appropriate equitable relief to protect the peaceable exercise or enjoyment of the right or rights secured, including appropriate equitable and declaratory relief to eliminate a pattern or practice of conduct as described in subdivision (b). (d) An action brought pursuant to subdivision (b) or (c) may be filed either in the superior court for the county in which the conduct complained of occurred or in the superior court for the county in which a person whose conduct complained of resides or has their place of business. An action brought by the Attorney General pursuant to subdivision (b) also may be filed in the superior court for any county wherein the Attorney General has an office, and in that case, the jurisdiction of the court shall extend throughout the state. (e) If a court issues a temporary restraining order or a preliminary or permanent injunction in an action brought pursuant to subdivision (b) or (c), ordering a defendant to refrain from conduct or activities, the order issued shall include the following statement: VIOLATION OF THIS ORDER IS A CRIME PUNISHABLE UNDER SECTION 422.77 OF THE PENAL CODE. (f) The court shall order the plaintiff or the attorney for the plaintiff to deliver, or the clerk of the court to mail, two copies of any order, extension, modification, or termination thereof granted pursuant to this section, by the close of the business day on which the order, extension, modification, or termination was granted, to each local law enforcement agency having jurisdiction over the residence of the plaintiff and any other locations where the court determines that acts of violence against the plaintiff are likely to occur. Those local law enforcement agencies shall be designated by the plaintiff or the attorney for the plaintiff. Each appropriate law enforcement agency receiving any order, extension, or modification of any order issued pursuant to this section shall serve forthwith one copy thereof upon the defendant. Each appropriate law enforcement agency shall provide to any law enforcement officer responding to the scene of reported violence, information as to the existence of, terms, and current status of, any order issued pursuant to this section. (g) A court shall not have jurisdiction to issue an order or injunction under this section, if that order or injunction would be prohibited under Section 527.3 of the Code of Civil Procedure. (h) An action brought pursuant to this section is independent of any other action, remedy, or procedure that may be available to an aggrieved individual under any other provision of law, including, but not limited to, an action, remedy, or procedure brought pursuant to Section 51.7. (i) In addition to any damages, injunction, or other equitable relief awarded in an action brought pursuant to subdivision (c), the court may award the petitioner or plaintiff reasonable attorney’s fees. (j) A violation of an order described in subdivision (e) may be punished either by prosecution under Section 422.77 of the Penal Code, or by a proceeding for contempt brought pursuant to Title 5 (commencing with Section 1209) of Part 3 of the Code of Civil Procedure. However, in any proceeding pursuant to the Code of Civil Procedure, if it is determined that the person proceeded against is guilty of the contempt charged, in addition to any other relief, a fine may be imposed not exceeding one thousand dollars ($1,000), or the person may be ordered imprisoned in a county jail not exceeding six months, or the court may order both the imprisonment and fine. (k) Speech alone is not sufficient to support an action brought pursuant to subdivision (b) or (c), except upon a showing that the speech itself threatens violence against a specific person or group of persons; and the person or group of persons against whom the threat is directed reasonably fears that, because of the speech, violence will be committed against them or their property and that the person threatening violence had the apparent ability to carry out the threat. (l) No order issued in any proceeding brought pursuant to subdivision (b) or (c) shall restrict the content of any person’s speech. An order restricting the time, place, or manner of any person’s speech shall do so only to the extent reasonably necessary to protect the peaceable exercise or enjoyment of constitutional or statutory rights, consistent with the constitutional rights of the person sought to be enjoined. (m) The rights, penalties, remedies, forums, and procedures of this section shall not be waived by contract except as provided in Section 51.7. (n) The state immunity provisions provided in Sections 821.6, 844.6, and 845.6 of the Government Code shall not apply to any cause of action brought against any peace officer or custodial officer, as those terms are defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or directly against a public entity that employs a peace officer or custodial officer, under this section. (o) Sections 825, 825.2, 825.4, and 825.6 of the Government Code, providing for indemnification of an employee or former employee of a public entity, shall apply to any cause of action brought under this section against an employee or former employee of a public entity. (Amended by Stats. 2021, Ch. 409, Sec. 3. (SB 2) Effective January 1, 2022.)
52.2.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. )
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An action under Section 52 or 54.3 may be brought in any court of competent jurisdiction.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. ) ## 52.2. An action pursuant to Section 52 or 54.3 may be brought in any court of competent jurisdiction. A “court of competent jurisdiction” shall include small claims court if the amount of the damages sought in the action does not exceed the jurisdictional limits stated in Sections 116.220 and 116.221 of the Code of Civil Procedure. (Amended by Stats. 2006, Ch. 167, Sec. 1. Effective January 1, 2007.)
52.3.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. )
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Governmental authorities and their agents must not use law enforcement conduct in a pattern or practice that deprives people of protected rights. The Attorney General may sue to stop it.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. ) ## 52.3. (a) No governmental authority, or agent of a governmental authority, or person acting on behalf of a governmental authority, shall engage in a pattern or practice of conduct by law enforcement officers that deprives any person of rights, privileges, or immunities secured or protected by the Constitution or laws of the United States or by the Constitution or laws of California. (b) The Attorney General may bring a civil action in the name of the people to obtain appropriate equitable and declaratory relief to eliminate the pattern or practice of conduct specified in subdivision (a), whenever the Attorney General has reasonable cause to believe that a violation of subdivision (a) has occurred. (Added by Stats. 2000, Ch. 622, Sec. 1. Effective January 1, 2001.)
52.4.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. )
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A person subjected to gender violence may sue for damages and other relief, and the case must be filed within the stated limitation period.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. ) ## 52.4. (a) Any person who has been subjected to gender violence may bring a civil action for damages against any responsible party. The plaintiff may seek actual damages, compensatory damages, punitive damages, injunctive relief, any combination of those, or any other appropriate relief. A prevailing plaintiff may also be awarded attorney’s fees and costs. (b) An action brought pursuant to this section shall be commenced within three years of the act, or if the victim was a minor when the act occurred, within eight years after the date the plaintiff attains the age of majority or within three years after the date the plaintiff discovers or reasonably should have discovered the psychological injury or illness occurring after the age of majority that was caused by the act, whichever date occurs later. (c) For purposes of this section, “gender violence” is a form of sex discrimination and means either of the following: (1) One or more acts that would constitute a criminal offense under state law that has as an element the use, attempted use, or threatened use of physical force against the person or property of another, committed at least in part based on the gender of the victim, whether or not those acts have resulted in criminal complaints, charges, prosecution, or conviction. (2) A physical intrusion or physical invasion of a sexual nature under coercive conditions, whether or not those acts have resulted in criminal complaints, charges, prosecution, or conviction. (d) For purposes of this section, “gender” has the meaning set forth in Section 51. (e) Notwithstanding any other laws that may establish the liability of an employer for the acts of an employee, this section does not establish any civil liability of a person because of his or her status as an employer, unless the employer personally committed an act of gender violence. (Amended by Stats. 2015, Ch. 202, Sec. 1. (AB 830) Effective January 1, 2016.)
52.45.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. )
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A person harmed by sexual orientation violence may sue for damages and other relief, and the lawsuit must be filed within the stated time limits.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. ) ## 52.45. (a) Any person who has been subjected to sexual orientation violence may bring a civil action for damages against any responsible party. The plaintiff may seek actual damages, compensatory damages, punitive damages, injunctive relief, any combination of those, or any other appropriate relief. A prevailing plaintiff may also be awarded attorney’s fees and costs. (b) An action brought pursuant to this section shall be commenced within three years of the act, or if the victim was a minor when the act occurred, within eight years after the date the plaintiff attains the age of majority or within three years after the date the plaintiff discovers or reasonably should have discovered the psychological injury or illness occurring after the age of majority that was caused by the act, whichever date occurs later. (c) For purposes of this section, “sexual orientation violence” means one or more acts that would constitute a criminal offense under state law that has as an element the use, attempted use, or threatened use of physical force against the person or property of another, committed at least in part based on the sexual orientation of the victim, whether or not those acts have resulted in criminal complaints, charges, prosecution, or conviction. (d) Notwithstanding any other laws that may establish the liability of an employer for the acts of an employee, this section does not establish any civil liability of a person because of his or her status as an employer, unless the employer personally committed an act of sexual orientation violence. (Added by Stats. 2015, Ch. 202, Sec. 2. (AB 830) Effective January 1, 2016.)
52.5.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. )
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Victims of human trafficking may sue for damages and other relief, and prevailing plaintiffs may recover attorney’s fees and costs.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. ) ## 52.5. (a) A victim of human trafficking, as defined in Section 236.1 of the Penal Code, may bring a civil action for actual damages, compensatory damages, punitive damages, injunctive relief, any combination of those, or any other appropriate relief. A prevailing plaintiff may also be awarded attorney’s fees and costs. (b) In addition to the remedies specified in this section, in an action under subdivision (a), both of the following apply: (1) A plaintiff may be awarded up to three times the plaintiff’s actual damages or ten thousand dollars ($10,000), whichever is greater. In addition, punitive damages may be awarded upon proof of the defendant’s malice, oppression, fraud, or duress in committing the act of human trafficking. (2) (A) A plaintiff may seek from the court a finding that specific debts attributed to the plaintiff were incurred as the result of trafficking and without the consent of the plaintiff. (B) For purposes of this paragraph, the court may base its finding upon evidence that a debt attributed to the plaintiff was incurred as the result of any illegal act in which the plaintiff was the victim. A finding shall not affect the priority of any lien or other security interest. (C) For purposes of this paragraph, a debt attributed to the plaintiff is incurred as the result of trafficking when the plaintiff is a victim of any illegal act associated with human trafficking and the debt or a portion of the debt meets all of the following criteria: (i) It was incurred for personal, family, or household use. (ii) It is in the name of the plaintiff. (iii) It was incurred as a result of duress, intimidation, threat of force, force, fraud, or undue influence. (c) An action brought pursuant to this section shall be commenced within seven years of the date on which the trafficking victim was freed from the trafficking situation or, if the victim was a minor when the act of human trafficking against the victim occurred, within 10 years after the date the plaintiff attains the age of majority. (d) If a person entitled to sue is under a disability at the time the cause of action accrues so that it is impossible or impracticable for the person to bring an action, the time of the disability is not part of the time limited for the commencement of the action. Disability shall toll the running of the statute of limitations for this action. (1) Disability includes being a minor, lacking legal capacity to make decisions, imprisonment, or other incapacity or incompetence. (2) The statute of limitations shall not run against a plaintiff who is a minor or who lacks the legal competence to make decisions simply because a guardian ad litem has been appointed. A guardian ad litem’s failure to bring a plaintiff’s action within the applicable limitation period will not prejudice the plaintiff’s right to bring an action after the plaintiff’s disability ceases. (3) A defendant is estopped from asserting a defense of the statute of limitations if the expiration of the statute is due to conduct by the defendant inducing the plaintiff to delay the filing of the action, or due to threats made by the defendant causing the plaintiff duress. (4) The suspension of the statute of limitations due to disability, lack of knowledge, or estoppel applies to all other related claims arising out of the trafficking situation. (5) The running of the statute of limitations is postponed during the pendency of criminal proceedings against the victim. (e) The running of the statute of limitations may be suspended if a person entitled to sue could not have reasonably discovered the cause of action due to circumstances resulting from the trafficking situation, such as psychological trauma, cultural and linguistic isolation, and the inability to access services. (f) A prevailing plaintiff may also be awarded reasonable attorney’s fees and litigation costs including, but not limited to, expert witness fees and expenses as part of the costs. (g) Restitution paid by the defendant to the victim shall be credited against a judgment, award, or settlement obtained pursuant to an action under this section. A judgment, award, or settlement obtained pursuant to an action under this section is subject to Section 13963 of the Government Code. (h) A civil action filed under this section shall be stayed during the pendency of any criminal action arising out of the same occurrence in which the claimant is the victim. As used in this section, a “criminal action” includes investigation and prosecution, and is pending until a final adjudication in the trial court or dismissal. (Amended by Stats. 2023, Ch. 632, Sec. 1. (SB 727) Effective January 1, 2024.)
52.6.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. )
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Covered businesses and establishments must post a human trafficking notice, and certain facilities must give employee training on recognizing and reporting trafficking.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. ) ## 52.6. (a) Each of the following businesses and other establishments shall, upon the availability of the model notice described in subdivision (d), post a notice that complies with the requirements of this section in a conspicuous place near the public entrance of the establishment or in another conspicuous location in clear view of the public and employees where similar notices are customarily posted: (1) On-sale general public premises licensees under the Alcoholic Beverage Control Act (Division 9 (commencing with Section 23000) of the Business and Professions Code). (2) Adult or sexually oriented businesses, as defined in subdivision (a) of Section 318.5 of the Penal Code. (3) Primary airports, as defined in Section 47102(16) of Title 49 of the United States Code. (4) Intercity passenger rail or light rail stations. (5) Bus stations. (6) Truck stops. For purposes of this section, “truck stop” means a privately owned and operated facility that provides food, fuel, shower or other sanitary facilities, and lawful overnight truck parking. (7) Emergency rooms within general acute care hospitals. (8) Urgent care centers. (9) Facilities that provide pediatric care. For purposes of this section, “facilities that provide pediatric care” means a medical facility that provides pediatric services, as that term is defined in Section 16907.5 of the Welfare and Institutions Code. (10) Farm labor contractors, as defined in subdivision (b) of Section 1682 of the Labor Code. (11) Privately operated job recruitment centers. (12) Roadside rest areas. (13) Businesses or establishments that offer massage or bodywork services for compensation and are not described in paragraph (1) of subdivision (b) of Section 4612 of the Business and Professions Code. (14) Hotels, motels, and bed and breakfast inns, as defined in subdivision (b) of Section 24045.12 of the Business and Professions Code, not including personal residences. (15) Hair, nail, electrolysis, and skin care, and other related businesses or establishments subject to regulation under Chapter 10 (commencing with Section 7301) of Division 3 of the Business and Professions Code. (b) The notice to be posted pursuant to subdivision (a) shall be at least 81/2 inches by 11 inches in size, written in a 16-point font, and shall state the following: “If you or someone you know is being forced to engage in any activity and cannot leave—whether it is commercial sex, housework, farm work, construction, factory, retail, or restaurant work, or any other activity—text 233-733 (Be Free) or call the National Human Trafficking Hotline at 1-888-373-7888 or the California Coalition to Abolish Slavery and Trafficking (CAST) at 1-888-KEY-2-FRE(EDOM) or 1-888-539-2373 to access help and services. Victims of slavery and human trafficking are protected under United States and California law. The hotlines are: ·Available 24 hours a day, 7 days a week. ·Toll-free. ·Operated by nonprofit, nongovernmental organizations. ·Anonymous and confidential. ·Accessible in more than 160 languages. ·Able to provide help, referral to services, training, and general information.” (c) The notice to be posted pursuant to subdivision (a) shall be printed in English, Spanish, and in one other language that is the most widely spoken language in the county where the establishment is located and for which translation is mandated by the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.), as applicable. This section does not require a business or other establishment in a county where a language other than English or Spanish is the most widely spoken language to print the notice in more than one language in addition to English and Spanish. (d) (1) On or before April 1, 2013, the Department of Justice shall develop a model notice that complies with the requirements of this section and make the model notice available for download on the department’s internet website. (2) On or before January 1, 2019, the Department of Justice shall revise and update the model notice to comply with the requirements of this section and make the updated model notice available for download on the department’s internet website. A business or establishment required to post the model notice shall not be required to post the updated model notice until on and after January 1, 2019. (e) On or before January 1, 2021, a business or other establishment that operates a facility described in paragraph (4) or (5) of subdivision (a) shall provide at least 20 minutes of training to its new and existing employees who may interact with, or come into contact with, a victim of human trafficking or who are likely to receive, in the course of their employment, a report from another employee about suspected human trafficking, in recognizing the signs of human trafficking and how to report those signs to the appropriate law enforcement agency. (f) The employee training pursuant to subdivision (e) shall include, but not be limited to, all of the following: (1) The definition of human trafficking, including sex trafficking and labor trafficking. (2) Myths and misconceptions about human trafficking. (3) Physical and mental signs to be aware of that may indicate that human trafficking is occurring. (4) Guidance on how to identify individuals who are most at risk for human trafficking. (5) Guidance on how to report human trafficking, including, but not limited to, national hotlines (1-888-373-7888 and text line 233733) and contact information for local law enforcement agencies that an employee may use to make a confidential report. (6) Protocols for reporting human trafficking when on the job. (g) (1) The human trafficking employee training pursuant to subdivision (e) may include, but shall not be limited to, information and material utilized in training Santa Clara County Valley Transportation Authority employees, private nonprofit organizations that represent the interests of human trafficking victims, and the Department of Justice. (2) The failure to report human trafficking by an employee shall not, by itself, result in the liability of the business or other establishment that operates a facility described in paragraph (4) or (5) of subdivision (a) or of any other person or entity. (h) A business or establishment that fails to comply with the requirements of this section is liable for a civil penalty of one thousand dollars ($1,000) for a first offense and two thousand dollars ($2,000) for each subsequent offense. A government entity identified in Section 17204 of the Business and Professions Code may bring an action to impose a civil penalty pursuant to this subdivision against a business or establishment if a local or state agency with authority to regulate that business or establishment has satisfied both of the following: (1) Provided the business or establishment with reasonable notice of noncompliance, which informs the business or establishment that it is subject to a civil penalty if it does not correct the violation within 30 days from the date the notice is sent to the business or establishment. (2) Verified that the violation was not corrected within the 30-day period described in paragraph (1). (i) This section does not prevent a local governing body from adopting and enforcing a local ordinance, rule, or regulation to prevent slavery or human trafficking. If a local ordinance, rule, or regulation duplicates or supplements the requirements that this section imposes upon businesses and other establishments, this section does not supersede or preempt that local ordinance, rule, or regulation. (j) The Attorney General may enforce this section. (k) Fines collected pursuant to this section shall be deposited in the Survivors Support Fund. (Amended by Stats. 2025, Ch. 82, Sec. 2. (AB 379) Effective January 1, 2026.)
52.65.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. )
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Hotels can face civil penalties if sex trafficking occurs and a supervisory employee fails to report it within 24 hours, or if an employee knowingly benefits from the trafficking venture.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. ) ## 52.65. (a) A hotel is in violation of this section, and subject to civil penalties, if either or both of the following conditions are met: (1) Sex trafficking activity occurred in the hotel, a supervisory employee of the hotel either knew of the nature of the activity, or acted in reckless disregard of the activity constituting sex trafficking activity within the hotel, and the supervisory employee of the hotel failed to inform law enforcement, the National Human Trafficking Hotline, or another appropriate victim service organization within 24 hours. (2) An employee of the hotel was acting within the scope of employment and knowingly benefited, financially or by receiving anything of value, by participating in a venture that the employee knew or acted in reckless disregard of the activity constituting sex trafficking within the hotel. (b) If there is reasonable cause to believe there has been a violation pursuant to subdivision (a), the Attorney General, a city, county, or city and county attorney may bring a civil action for injunctive and other equitable relief against a hotel for violation of this section. The Attorney General or a city, county, or city and county attorney who brings a civil action under this section may also seek civil penalties in the amount of three thousand dollars ($3,000) for the first violation, ten thousand dollars ($10,000) for the second violation within a 24-month period of time, and fifteen thousand dollars ($15,000) for the third and any subsequent violation within a 24-month period. (c) The court may exercise its discretion to increase the amount of the civil penalty, not to exceed twenty-five thousand dollars ($25,000), for any fourth or subsequent violation, considering all of the following factors: (1) The defendant’s culpability. (2) The relationship between the harm and the penalty. (3) The penalties imposed for similar conduct in similar statutes. (4) The defendant’s ability to pay. (d) The lack of reporting of a sex trafficking case that occurs in a hotel shall not, by itself, without meeting the conditions in either paragraph (1) or (2) of subdivision (a), result in the liability of an employer of that establishment to the sex trafficking victim or victims in the case in question or to any other party. (e) No liability for civil penalties shall arise under this section against a hotel employee. (f) Violation of this section, by itself, shall not result in criminal liability against the hotel. (g) Nothing in this section affects criminal or civil liability that may arise pursuant to other provisions of law. (h) For the purposes of this section, the following terms shall have the following definitions: (1) “Hotel” means a motel, or any other operator or management company that offers and accepts payment for rooms, sleeping accommodations, or board and lodging and retains the right of access to, and control of, a dwelling unit that is required to provide training and education regarding human trafficking awareness pursuant to Section 12950.3 of the Government Code. (2) “Sex trafficking” means human trafficking for the purposes of engaging in a commercial sex act as set forth in subdivision (c) of Section 236.1 of the Penal Code. (3) “Supervisory employee” means any individual, regardless of the job description or title, who has each of the following capabilities and qualifications: (A) Holds authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibility to direct them, or to adjust their grievances, or effectively to recommend this action, if, in connection with the foregoing, the exercise of this authority is not of a merely routine or clerical nature, but requires the use of independent judgment. (B) Holds responsibility for duties that are not substantially similar to those of their subordinates. Employees whose duties are substantially similar to those of their subordinates shall not be considered to be supervisory employees. (i) An action brought pursuant to this section shall be commenced within five years of the date when the violation of subdivision (a) occurred, or, if the victim of that sex trafficking activity was a minor when the violation occurred, within five years of the date the victim attains the age of majority. (j) Fines collected pursuant to this section shall be deposited in the Survivors Support Fund. (Amended by Stats. 2025, Ch. 82, Sec. 3. (AB 379) Effective January 1, 2026.)
52.66.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. )
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Primary ticket sellers must send a specified notice with electronic confirmation when a mobile or electronic ticket is purchased for an event at an entertainment facility.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. ) ## 52.66. (a) For purposes of this section, both of the following definitions shall apply: (1) “Entertainment facility” means a publicly or privately owned place of entertainment with a capacity of over 15,000 people, including, but not limited to, an arena, auditorium, concert hall, live performance venue, museum, racetrack, stadium, theater, or other place where entertainment events are presented for a price of admission. The facility does not have to be used exclusively for entertainment events. The term does not apply to an amusement park or fairground. (2) “Primary ticket seller” means a primary contractor as defined in Section 22503.5 of the Business and Professions Code, ticket seller, or agent of the primary contractor or ticket seller that engages in the primary sale of tickets for an event. (b) Upon the purchase of a mobile or electronic ticket for an event at an entertainment facility, the primary ticket seller shall include the following notice with the ticket purchase confirmation electronically to the buyer: “If you or someone you know is being forced to engage in commercial sex or labor trafficking, text 233-733 (Be Free) or call the National Human Trafficking Hotline at 1-888-373-7888 or the California Coalition to Abolish Slavery and Trafficking (CAST) at 1-888-KEY-2-FRE(EDOM) or 1-888-539-2373 to access help and services. It is a felony in California to knowingly engage in commercial trafficking and perpetrators of this offense shall be prosecuted under the law.” (c) The notice to be included pursuant to subdivision (b) shall be provided in English, Spanish, and in one other language that is the most widely spoken language in the county where the entertainment facility is located and for which translation is mandated by the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.), as applicable. (Added by Stats. 2024, Ch. 198, Sec. 1. (AB 1966) Effective January 1, 2025.)
52.7.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. )
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A person generally may not require, coerce, or compel another individual to get a subcutaneous identification implant, except as stated in subdivision (g).

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. ) ## 52.7. (a) Except as provided in subdivision (g), a person shall not require, coerce, or compel any other individual to undergo the subcutaneous implanting of an identification device. (b) (1) Any person who violates subdivision (a) may be assessed an initial civil penalty of no more than ten thousand dollars ($10,000), and no more than one thousand dollars ($1,000) for each day the violation continues until the deficiency is corrected. That civil penalty may be assessed and recovered in a civil action brought in any court of competent jurisdiction. The court may also grant a prevailing plaintiff reasonable attorney’s fees and litigation costs, including, but not limited to, expert witness fees and expenses as part of the costs. (2) A person who is implanted with a subcutaneous identification device in violation of subdivision (a) may bring a civil action for actual damages, compensatory damages, punitive damages, injunctive relief, any combination of those, or any other appropriate relief. (3) Additionally, punitive damages may also be awarded upon proof of the defendant’s malice, oppression, fraud, or duress in requiring, coercing, or compelling the plaintiff to undergo the subcutaneous implanting of an identification device. (c) (1) An action brought pursuant to this section shall be commenced within three years of the date upon which the identification device was implanted. (2) If the victim was a dependent adult or minor when the implantation occurred, actions brought pursuant to this section shall be commenced within three years after the date the plaintiff, or his or her guardian or parent, discovered or reasonably should have discovered the implant, or within eight years after the plaintiff attains the age of majority, whichever date occurs later. (3) The statute of limitations shall not run against a dependent adult or minor plaintiff simply because a guardian ad litem has been appointed. A guardian ad litem’s failure to bring a plaintiff’s action within the applicable limitation period will not prejudice the plaintiff’s right to do so. (4) A defendant is estopped to assert a defense of the statute of limitations when the expiration of the statute is due to conduct by the defendant inducing the plaintiff to delay the filing of the action, or due to threats made by the defendant causing duress upon the plaintiff. (d) Any restitution paid by the defendant to the victim shall be credited against any judgment, award, or settlement obtained pursuant to this section. Any judgment, award, or settlement obtained pursuant to an action under this section shall be subject to the provisions of Section 13963 of the Government Code. (e) The provisions of this section shall be liberally construed so as to protect privacy and bodily integrity. (f) Actions brought pursuant to this section are independent of any other actions, remedies, or procedures that may be available to an aggrieved party pursuant to any other law. (g) This section shall not in any way modify existing statutory or case law regarding the rights of parents or guardians, the rights of children or minors, or the rights of dependent adults. (h) For purposes of this section: (1) “Identification device” means any item, application, or product that is passively or actively capable of transmitting personal information, including, but not limited to, devices using radio frequency technology. (2) “Person” means an individual, business association, partnership, limited partnership, corporation, limited liability company, trust, estate, cooperative association, or other entity. (3) “Personal information” includes any of the following data elements to the extent they are used alone or in conjunction with any other information used to identify an individual: (A) First or last name. (B) Address. (C) Telephone number. (D) E-mail, Internet Protocol, or Web site address. (E) Date of birth. (F) Driver’s license number or California identification card number. (G) Any unique personal identifier number contained or encoded on a driver’s license or identification card issued pursuant to Section 13000 of the Vehicle Code. (H) Bank, credit card, or other financial institution account number. (I) Any unique personal identifier contained or encoded on a health insurance, health benefit, or benefit card or record issued in conjunction with any government-supported aid program. (J) Religion. (K) Ethnicity or nationality. (L) Photograph. (M) Fingerprint or other biometric identifier. (N) Social security number. (O) Any unique personal identifier. (4) “Require, coerce, or compel” includes physical violence, threat, intimidation, retaliation, the conditioning of any private or public benefit or care on consent to implantation, including employment, promotion, or other employment benefit, or by any means that causes a reasonable person of ordinary susceptibilities to acquiesce to implantation when he or she otherwise would not. (5) “Subcutaneous” means existing, performed, or introduced under or on the skin. (Added by Stats. 2007, Ch. 538, Sec. 1. Effective January 1, 2008.)
52.8.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. )
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A prevailing plaintiff in a civil action about unauthorized obscene materials must be awarded attorney’s fees and costs.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. ) ## 52.8. (a) In a civil action seeking damages or equitable relief against any person or entity that distributes, benefits from, promotes, or induces another person to distribute unauthorized obscene materials, including through electronic distribution, a prevailing plaintiff shall be awarded attorney’s fees and costs. (b) For purposes of this section: (1) “Obscene material” means material, taken as a whole, that to the average person, applying contemporary statewide standards, appeals to the prurient interest, that, taken as a whole, depicts or describes sexual conduct in a patently offensive way, and that, taken as a whole, lacks serious literary, artistic, political, or scientific value. (2) “Unauthorized” means either of the following: (A) The obscene material was coerced, made, or obtained by trickery or subterfuge, or stolen, made, obtained, or distributed without the knowledge or without or beyond the express permission, freely given, of the person in the photograph, or the person whose identifiable likeness appears in the photograph. (B) The obscene material is of a person who was less than 18 years of age at the time the obscene material was created. (Added by Stats. 2022, Ch. 26, Sec. 1. (SB 1210) Effective January 1, 2023.)
5200.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 5. Record Inspection [5200 - 5240] ( Article 5 added by Stats. 2012, Ch. 180, Sec. 2. )
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An association must keep association election materials for one year after the election.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 5. Record Inspection [5200 - 5240] ( Article 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5200. For the purposes of this article, the following definitions shall apply: (a) “Association records” means all of the following: (1) Any financial document required to be provided to a member in Article 7 (commencing with Section 5300) or in Sections 5565 and 5810. (2) Any financial document or statement required to be provided in Article 2 (commencing with Section 4525) of Chapter 4. (3) Interim financial statements, periodic or as compiled, containing any of the following: (A) Balance sheet. (B) Income and expense statement. (C) Budget comparison. (D) General ledger. A “general ledger” is a report that shows all transactions that occurred in an association account over a specified period of time. The records described in this paragraph shall be prepared in accordance with an accrual or modified accrual basis of accounting. (4) Executed contracts not otherwise privileged under law. (5) Written board approval of vendor or contractor proposals or invoices. (6) State and federal tax returns. (7) Reserve account balances and records of payments made from reserve accounts. (8) Agendas and minutes of meetings of the members, the board, and any committees appointed by the board pursuant to Section 7212 of the Corporations Code; excluding, however, minutes and other information from executive sessions of the board as described in Article 2 (commencing with Section 4900). (9) Membership lists, including name, property address, mailing address, email address, as collected by the association in accordance with Section 4041 where applicable, but not including information for members who have opted out pursuant to Section 5220. (10) Check registers. (11) The governing documents. (12) An accounting prepared pursuant to subdivision (b) of Section 5520. (13) An “enhanced association record” as defined in subdivision (b). (14) “Association election materials” as defined in subdivision (c). (15) All inspector’s reports compiled pursuant to Section 5551. (b) “Enhanced association records” means invoices, receipts, and canceled checks for payments made by the association, purchase orders approved by the association, bank account statements for bank accounts in which assessments are deposited or withdrawn, credit card statements for credit cards issued in the name of the association, statements for services rendered, and reimbursement requests submitted to the association. (c) “Association election materials” means returned ballots, signed voter envelopes, the voter list of names, parcel numbers, and voters to whom ballots were to be sent, proxies, the candidate registration list, and the tally sheet of votes cast by electronic secret ballot. Signed voter envelopes may be inspected but may not be copied. An association shall maintain association election materials for one year after the date of the election. (Amended by Stats. 2025, Ch. 516, Sec. 3. (SB 410) Effective January 1, 2026.)
5205.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 5. Record Inspection [5200 - 5240] ( Article 5 added by Stats. 2012, Ch. 180, Sec. 2. )
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The association must let members inspect and copy association records, and it may charge limited copying, mailing, and redaction costs.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 5. Record Inspection [5200 - 5240] ( Article 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5205. (a) The association shall make available association records for the time periods and within the timeframes provided in Section 5210 for inspection and copying by a member of the association, or the member’s designated representative. (b) A member of the association may designate another person to inspect and copy the specified association records on the member’s behalf. The member shall make this designation in writing. (c) The association shall make the specified association records available for inspection and copying in the association’s business office within the common interest development. (d) If the association does not have a business office within the development, the association shall make the specified association records available for inspection and copying at a place agreed to by the requesting member and the association. (e) If the association and the requesting member cannot agree upon a place for inspection and copying pursuant to subdivision (d) or if the requesting member submits a written request directly to the association for copies of specifically identified records, the association may satisfy the requirement to make the association records available for inspection and copying by delivering copies of the specifically identified records to the member by individual delivery pursuant to Section 4040 within the timeframes set forth in subdivision (b) of Section 5210. (f) The association may bill the requesting member for the direct and actual cost of copying and mailing requested documents. The association shall inform the member of the amount of the copying and mailing costs, and the member shall agree to pay those costs, before copying and sending the requested documents. (g) In addition to the direct and actual costs of copying and mailing, the association may bill the requesting member an amount not in excess of ten dollars ($10) per hour, and not to exceed two hundred dollars ($200) total per written request, for the time actually and reasonably involved in redacting an enhanced association record. If the enhanced association record includes a reimbursement request, the person submitting the reimbursement request shall be solely responsible for removing all personal identification information from the request. The association shall inform the member of the estimated costs, and the member shall agree to pay those costs, before retrieving the requested documents. (h) Requesting parties shall have the option of receiving specifically identified records by electronic transmission or machine-readable storage media as long as those records can be transmitted in a redacted format that does not allow the records to be altered. The cost of duplication shall be limited to the direct cost of producing the copy of a record in that electronic format. The association may deliver specifically identified records by electronic transmission or machine-readable storage media as long as those records can be transmitted in a redacted format that prevents the records from being altered. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
5210.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 5. Record Inspection [5200 - 5240] ( Article 5 added by Stats. 2012, Ch. 180, Sec. 2. )
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Members may inspect association records, and associations must provide requested records within specified time limits.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 5. Record Inspection [5200 - 5240] ( Article 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5210. (a) Association records are subject to member inspection for the following time periods: (1) For the current fiscal year and for each of the previous two fiscal years. (2) Notwithstanding paragraph (1), minutes of member and board meetings are subject to inspection permanently. If a committee has decisionmaking authority, minutes of the meetings of that committee shall be made available commencing January 1, 2007, and shall thereafter be permanently subject to inspection. (3) Notwithstanding paragraph (1), all inspector’s reports compiled pursuant to Section 5551 shall be subject to inspection for the time period required by subdivision (i) of Section 5551. (b) When a member properly requests access to association records, access to the requested records shall be granted within the following time periods: (1) Association records prepared during the current fiscal year, within 10 business days following the association’s receipt of the request. (2) Association records prepared during the previous two fiscal years, within 30 calendar days following the association’s receipt of the request. (3) Any record or statement available pursuant to Article 2 (commencing with Section 4525) of Chapter 4, Article 7 (commencing with Section 5300), Section 5565, or Section 5810, within the timeframe specified therein. (4) Minutes of member and board meetings, within the timeframe specified in subdivision (a) of Section 4950. (5) Minutes of meetings of committees with decisionmaking authority for meetings commencing on or after January 1, 2007, within 15 calendar days following approval. (6) Membership list, within the timeframe specified in Section 8330 of the Corporations Code. (c) There shall be no liability pursuant to this article for an association that fails to retain records for the periods specified in subdivision (a) that were created prior to January 1, 2006. (Amended by Stats. 2025, Ch. 516, Sec. 4. (SB 410) Effective January 1, 2026.)
5215.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 5. Record Inspection [5200 - 5240] ( Article 5 added by Stats. 2012, Ch. 180, Sec. 2. )
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An association may withhold or redact certain records information in specified situations, but it may not withhold compensation information except for attorney-client privilege. If records are denied or redacted and the member asks, the association must give a written explanation of the legal basis.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 5. Record Inspection [5200 - 5240] ( Article 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5215. (a) Except as provided in subdivision (b), the association may withhold or redact information from the association records if any of the following are true: (1) The release of the information is reasonably likely to lead to identity theft. For the purposes of this section, “identity theft” means the unauthorized use of another person’s personal identifying information to obtain credit, goods, services, money, or property. Examples of information that may be withheld or redacted pursuant to this paragraph include bank account numbers of members or vendors, social security or tax identification numbers, and check, stock, and credit card numbers. (2) The release of the information is reasonably likely to lead to fraud in connection with the association. (3) The information is privileged under law. Examples include documents subject to attorney-client privilege or relating to litigation in which the association is or may become involved, and confidential settlement agreements. (4) The release of the information is reasonably likely to compromise the privacy of an individual member of the association. (5) The information contains any of the following: (A) Records of goods or services provided a la carte to individual members of the association for which the association received monetary consideration other than assessments. (B) Records of disciplinary actions, collection activities, or payment plans of members other than the member requesting the records. (C) Any person’s personal identification information, including, without limitation, social security number, tax identification number, driver’s license number, credit card account numbers, bank account number, and bank routing number. (D) Minutes and other information from executive sessions of the board as described in Article 2 (commencing with Section 4900), except for executed contracts not otherwise privileged. Privileged contracts shall not include contracts for maintenance, management, or legal services. (E) Personnel records other than the payroll records required to be provided under subdivision (b). (F) Interior architectural plans, including security features, for individual homes. (b) Except as provided by the attorney-client privilege, the association may not withhold or redact information concerning the compensation paid to employees, vendors, or contractors. Compensation information for individual employees shall be set forth by job classification or title, not by the employee’s name, social security number, or other personal information. (c) No association, officer, director, employee, agent, or volunteer of an association shall be liable for damages to a member of the association or any third party as the result of identity theft or other breach of privacy because of the failure to withhold or redact that member’s information under this section unless the failure to withhold or redact the information was intentional, willful, or negligent. (d) If requested by the requesting member, an association that denies or redacts records shall provide a written explanation specifying the legal basis for withholding or redacting the requested records. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
5216.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 5. Record Inspection [5200 - 5240] ( Article 5 added by Stats. 2012, Ch. 180, Sec. 2. )
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If a member of an association is an active Safe at Home participant, the association must use the participant’s substitute address for communications, hide identifying information from membership lists, and keep participation confidential.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 5. Record Inspection [5200 - 5240] ( Article 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5216. (a) Notwithstanding any other law, upon request of a member of an association who is an active participant in the Safe at Home program, the association shall do both of the following: (1) Accept and use the address designated by the Secretary of State as the Safe at Home participant’s substitute address under the Safe at Home program for all association communications. (2) Withhold or redact information that would reveal the name, community property address, or email address of the Safe at Home participant from both of the following: (A) All resident community membership lists, including mailbox bank listings, resident directories, electronic keypads, unit property numbers, and internet web portal accounts. (B) Any membership list that will be shared with other members of the association. (b) An association shall keep member participation in the Safe at Home program confidential. (c) For purposes of this section: (1) “Community property address” means the address of the member’s property within the community governed by the association. (2) “Safe at Home participant” means a person certified as a program participant in the Safe at Home program. (3) “Safe at Home program” means the address confidentiality program established pursuant to Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code. (Added by Stats. 2021, Ch. 151, Sec. 2. (AB 611) Effective January 1, 2022.)
5220.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 5. Record Inspection [5200 - 5240] ( Article 5 added by Stats. 2012, Ch. 180, Sec. 2. )
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A member of an association may opt out of sharing certain contact details by giving the association written notice.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 5. Record Inspection [5200 - 5240] ( Article 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5220. A member of the association may opt out of the sharing of that member’s name, property address, email address, and mailing address by notifying the association in writing that the member prefers to be contacted via the alternative process described in subdivision (c) of Section 8330 of the Corporations Code. This opt-out shall remain in effect until changed by the member. (Amended by Stats. 2021, Ch. 640, Sec. 7. (SB 392) Effective January 1, 2022.)
5225.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 5. Record Inspection [5200 - 5240] ( Article 5 added by Stats. 2012, Ch. 180, Sec. 2. )
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A member who requests the membership list must state a purpose reasonably related to their interest as a member. The association may deny access if it reasonably believes the list will be used for another purpose.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 5. Record Inspection [5200 - 5240] ( Article 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5225. A member requesting the membership list shall state the purpose for which the list is requested which purpose shall be reasonably related to the requester’s interest as a member. If the association reasonably believes that the information in the list will be used for another purpose, it may deny the member access to the list. If the request is denied, in any subsequent action brought by the member under Section 5235, the association shall have the burden to prove that the member would have allowed use of the information for purposes unrelated to the member’s interest as a member. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
5230.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 5. Record Inspection [5200 - 5240] ( Article 5 added by Stats. 2012, Ch. 180, Sec. 2. )
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Associations and their managing agents may not sell or misuse association records or a member’s personal information without consent, with limited law-required exceptions.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 5. Record Inspection [5200 - 5240] ( Article 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5230. (a) The association records, and any information from them, may not be sold, used for a commercial purpose, or used for any other purpose not reasonably related to a member’s interest as a member. An association may bring an action against any person who violates this article for injunctive relief and for actual damages to the association caused by the violation. (b) This article may not be construed to limit the right of an association to damages for misuse of information obtained from the association records pursuant to this article or to limit the right of an association to injunctive relief to stop the misuse of this information. (c) (1) An association or its managing agent shall not do either of the following: (A) Sell a member’s personal information for any purpose without the consent of the member. (B) Transmit a member’s personal information to a third party without the consent of the member unless required to do so by law, including, but not limited to, Article 5 (commencing with Section 5200). (2) A member may bring an action against an association that violates this subdivision for injunctive relief and actual damages caused by the violation. A member shall be entitled to recover reasonable costs and expenses, including reasonable attorney’s fees, in a successful action to enforce the member’s rights under this subdivision. (d) An association shall be entitled to recover reasonable costs and expenses, including reasonable attorney’s fees, in a successful action to enforce its rights under this article. (Amended by Stats. 2021, Ch. 640, Sec. 8. (SB 392) Effective January 1, 2022.)
5235.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 5. Record Inspection [5200 - 5240] ( Article 5 added by Stats. 2012, Ch. 180, Sec. 2. )
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A member may sue to enforce the right to inspect and copy association records, and the court may award costs, fees, and a civil penalty if access was unreasonably withheld.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 5. Record Inspection [5200 - 5240] ( Article 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5235. (a) A member may bring an action to enforce that member’s right to inspect and copy the association records. If a court finds that the association unreasonably withheld access to the association records, the court shall award the member reasonable costs and expenses, including reasonable attorney’s fees, and may assess a civil penalty of up to five hundred dollars ($500) for the denial of each separate written request. (b) A cause of action under this section may be brought in small claims court if the amount of the demand does not exceed the jurisdiction of that court. (c) A prevailing association may recover any costs if the court finds the action to be frivolous, unreasonable, or without foundation. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
5240.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 5. Record Inspection [5200 - 5240] ( Article 5 added by Stats. 2012, Ch. 180, Sec. 2. )
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Members generally have access to association records, and this article also extends a similar inspection-and-copy right to certain related organizations and nonprofits. A listed exception delays application for some developments until no later than 10 years after the first escrow closing.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 5. Record Inspection [5200 - 5240] ( Article 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5240. (a) As applied to an association and its members, the provisions of this article are intended to supersede the provisions of Sections 8330 and 8333 of the Corporations Code to the extent those sections are inconsistent. (b) Except as provided in subdivision (a), members of the association shall have access to association records, including accounting books and records and membership lists, in accordance with Article 3 (commencing with Section 8330) of Chapter 13 of Part 3 of Division 2 of Title 1 of the Corporations Code. (c) This article applies to any community service organization or similar entity that is related to the association, and to any nonprofit entity that provides services to a common interest development under a declaration of trust. This article shall operate to give a member of the organization or entity a right to inspect and copy the records of that organization or entity equivalent to that granted to association members by this article. (d) This article shall not apply to any common interest development in which separate interests are being offered for sale by a subdivider under the authority of a public report issued by the Bureau of Real Estate so long as the subdivider or all subdividers offering those separate interests for sale, or any employees of those subdividers or any other person who receives direct or indirect compensation from any of those subdividers, comprise a majority of the directors. Notwithstanding the foregoing, this article shall apply to that common interest development no later than 10 years after the close of escrow for the first sale of a separate interest to a member of the general public pursuant to the public report issued for the first phase of the development. (Amended (as to be added by Stats. 2012, Ch. 180) by Stats. 2013, Ch. 352, Sec. 54. (AB 1317) Effective September 26, 2013. Addition and amendment operative January 1, 2014, by Stats. 2012, Ch. 180, Sec. 3, and Stats. 2013, Ch. 352, Sec. 543.)
5260.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 6. Recordkeeping [5260- 5260.] ( Article 6 added by Stats. 2012, Ch. 180, Sec. 2. )
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Certain association requests are effective only if delivered in writing to the association.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 6. Recordkeeping [5260- 5260.] ( Article 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5260. To be effective, any of the following requests shall be delivered in writing to the association, pursuant to Section 4035: (a) A request to change the member’s information in the association membership list. (b) A request to add or remove a second email or mailing address for delivery of individual notices to the member, pursuant to Section 4040. (c) A request for individual delivery of general notices to the member, pursuant to subdivision (b) of Section 4045, or a request to cancel a prior request for individual delivery of general notices. (d) A request to opt out of the membership list pursuant to Section 5220, or a request to cancel a prior request to opt out of the membership list. (e) A request to receive a full copy of a specified annual budget report or annual policy statement pursuant to Section 5320. (f) A request to receive all reports in full, pursuant to subdivision (b) of Section 5320, or a request to cancel a prior request to receive all reports in full. (g) A request to opt out of or opt into electronically voting by electronic secret ballot, pursuant to Section 5105. (Amended by Stats. 2024, Ch. 383, Sec. 7. (AB 2159) Effective January 1, 2025.)
53.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. )
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Courts must take judicial notice of recorded instruments in actions challenging certain real-property use or transfer restrictions as void.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. ) ## 53. (a) Every provision in a written instrument relating to real property that purports to forbid or restrict the conveyance, encumbrance, leasing, or mortgaging of that real property to any person because of any characteristic listed or defined in subdivision (b) or (e) of Section 51 is void, and every restriction or prohibition as to the use or occupation of real property because of any characteristic listed or defined in subdivision (b) or (e) of Section 51 is void. (b) Every restriction or prohibition, whether by way of covenant, condition upon use or occupation, or upon transfer of title to real property, which restriction or prohibition directly or indirectly limits the acquisition, use or occupation of that property because of any characteristic listed or defined in subdivision (b) or (e) of Section 51 is void. (c) In any action to declare that a restriction or prohibition specified in subdivision (a) or (b) is void, the court shall take judicial notice of the recorded instrument or instruments containing the prohibitions or restrictions in the same manner that it takes judicial notice of the matters listed in Section 452 of the Evidence Code. (Amended by Stats. 2005, Ch. 420, Sec. 7. Effective January 1, 2006.)
53.5.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. )
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Certain lodging and bus operators may not share guest records or passenger manifest records with third parties without a court-issued subpoena, warrant, or order, except in specified situations.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. ) ## 53.5. (a) Notwithstanding any other law, except as specified in this section, an innkeeper, hotelkeeper, motelkeeper, lodginghouse keeper, or owner or operator of an inn, hotel, motel, lodginghouse, or other similar accommodations, or any employee or agent thereof, who offers or accepts payment for rooms, sleeping accommodations, or board and lodging, or other similar accommodation, shall not disclose, produce, provide, release, transfer, disseminate, or otherwise communicate, except to a California peace officer, all or any part of a guest record orally, in writing, or by electronic or any other means to a third party without a court-issued subpoena, warrant, or order. (b) Notwithstanding any other law, except as specified in this section, an owner or operator of a private or charter bus transportation company, or any employee or agent thereof, shall not disclose, produce, provide, release, transfer, disseminate, or otherwise communicate, except to a California peace officer, all or any part of a passenger manifest record orally, in writing, or by electronic or any other means to a third party without a court-issued subpoena, warrant, or order. (c) “Guest record” for purposes of this section includes any record that identifies an individual guest, boarder, occupant, lodger, customer, or invitee, including, but not limited to, their name, social security number or other unique identifying number, date of birth, location of birth, address, telephone number, driver’s license number, other official form of identification, credit card number, or automobile license plate number. (d) “Passenger manifest record” for purposes of this section includes any record that identifies an individual guest, passenger, customer, or invitee, including, but not limited to, their name, social security number or other unique identifying number, date of birth, location of birth, address, telephone number, driver’s license number, other official form of identification, credit card number, or automobile license plate number. (e) “Court issued subpoena, warrant, or order” for purposes of this section is limited to subpoenas, warrants, or orders issued by a judicial officer. An administrative subpoena, warrant, or order is not sufficient for purposes of this section. (f) “Third-party service provider,” for the purposes of this section, means an entity contracted to provide services outlined in the contract that has no independent right to use or share the data beyond the terms of the contract. Records shared with a third-party service provider shall be subject to limitations on further disclosure as described in subdivisions (a) and (b), except as otherwise permitted by this section. (g) This section shall not be construed to prevent a government entity from requiring a private business to provide business records, including, but not limited to, guest and passenger manifest records, in a public health, civil rights, or consumer protection investigation, or in an investigation conducted pursuant to Section 308.5 of the Public Utilities Code. (h) This section shall not be construed to prevent a government entity from requiring a private business to provide business records during an audit or inspection if those records omit the personal information described in subdivisions (c) and (d). (i) This section shall not be construed to prevent a private business from providing business records containing a guest’s or passenger’s name, address, credit card number, or driver’s license number to a third-party service provider, if required, for the sole purpose of effectuating financial payment, including, approving or processing negotiable instruments, electronic fund transfers, or similar methods of payment, from a guest or passenger to the private business for a good or service, or from providing business records to a third-party service provider that the private business contracts with for business-related services. (j) This section shall not be construed to prevent a private business from providing, where required, business records to a government entity in order to comply with state and federal laws regarding financial oversight and privacy, including, but not limited to, the federal Gramm-Leach-Bliley Act (15 U.S.C. Sec. 6801). Records shared with a government entity or in compliance with the federal Gramm-Leach-Bliley Act shall be subject to the limitations on further disclosure as described in subdivisions (a) and (b), except as otherwise permitted by this section. (k) This section shall not be construed to prevent a private business from disclosing records in a criminal investigation if a law enforcement officer in good faith believes that an emergency involving imminent danger of death or serious bodily injury to a person requires a warrantless search, to the extent permitted by law. (l) This section shall not be construed to compel disclosure of a guest record or passenger manifest record by an innkeeper, motelkeeper, lodginghouse keeper, or owner or operator of an inn, hotel, motel, lodginghouse, or other similar accommodation, or an owner or operator of a private or charter bus transportation company, in the absence of a court-issued subpoena, warrant, or order. (Amended by Stats. 2020, Ch. 370, Sec. 23. (SB 1371) Effective January 1, 2021.)
53.7.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. )
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A rule may not restructure decisionmaking in a way that denies minority groups equal protection for certain matters, and minority group members may sue to challenge such a rule.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2. PERSONAL RIGHTS [43 - 53.7] ( Part 2 enacted 1872. ) ## 53.7. (a) A statute, ordinance, or other state or local rule, regulation, or enactment shall not deny a minority group political structure equal protection of the law by altering, restructuring, or reordering the policy decisionmaking process in a manner that burdens the ability of members of the minority group to effect the enactment of future legislation, solely with respect to a matter that inures primarily to the benefit of, or is primarily of interest to, one or more minority groups. (b) (1) A member of a minority group, as defined in paragraph (2), may bring a civil action challenging the validity of a statute, ordinance, or other state or local rule, regulation, or enactment, pursuant to subdivision (a). (2) For purposes of this section, “minority group” means a group of persons who share in common any race, ethnicity, nationality, or sexual orientation. (c) A statute, ordinance, or other state or local rule, regulation, or enactment shall be determined valid in an action brought pursuant to this section, only upon a showing by the government that the burden imposed by the statute, ordinance, or other state or local rule, regulation, or enactment satisfies both of the following criteria: (1) The burden is necessary to serve a compelling government interest. (2) The burden is no greater than necessary to serve the compelling government interest. (Added by Stats. 2014, Ch. 912, Sec. 2. (AB 2646) Effective January 1, 2015.)
5300.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 7. Annual Reports [5300 - 5320] ( Article 7 added by Stats. 2012, Ch. 180, Sec. 2. )
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An association must send members an annual budget report 30 to 90 days before the end of its fiscal year, and the report must include specified financial, reserve, loan, insurance, and disclosure information.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 7. Annual Reports [5300 - 5320] ( Article 7 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5300. (a) Notwithstanding a contrary provision in the governing documents, an association shall distribute an annual budget report 30 to 90 days before the end of its fiscal year. (b) Unless the governing documents impose more stringent standards, the annual budget report shall include all of the following information: (1) A pro forma operating budget, showing the estimated revenue and expenses on an accrual basis. (2) A summary of the association’s reserves, prepared pursuant to Section 5565. (3) A summary of the reserve funding plan adopted by the board, as specified in paragraph (5) of subdivision (b) of Section 5550. The summary shall include notice to members that the full reserve study plan is available upon request, and the association shall provide the full reserve plan to any member upon request. (4) A statement as to whether the board has determined to defer or not undertake repairs or replacement of any major component with a remaining life of 30 years or less, including a justification for the deferral or decision not to undertake the repairs or replacement. (5) A statement as to whether the board, consistent with the reserve funding plan adopted pursuant to Section 5560, has determined or anticipates that the levy of one or more special assessments will be required to repair, replace, or restore any major component or to provide adequate reserves therefor. If so, the statement shall also set out the estimated amount, commencement date, and duration of the assessment. (6) A statement as to the mechanism or mechanisms by which the board will fund reserves to repair or replace major components, including assessments, borrowing, use of other assets, deferral of selected replacements or repairs, or alternative mechanisms. (7) A general statement addressing the procedures used for the calculation and establishment of those reserves to defray the future repair, replacement, or additions to those major components that the association is obligated to maintain. The statement shall include, but need not be limited to, reserve calculations made using the formula described in paragraph (4) of subdivision (b) of Section 5570, and may not assume a rate of return on cash reserves in excess of 2 percent above the discount rate published by the Federal Reserve Bank of San Francisco at the time the calculation was made. (8) A statement as to whether the association has any outstanding loans with an original term of more than one year, including the payee, interest rate, amount outstanding, annual payment, and when the loan is scheduled to be retired. (9) A summary of the association’s property, general liability, earthquake, flood, and fidelity insurance policies. For each policy, the summary shall include the name of the insurer, the type of insurance, the policy limit, and the amount of the deductible, if any. To the extent that any of the required information is specified in the insurance policy declaration page, the association may meet its obligation to disclose that information by making copies of that page and distributing it with the annual budget report. The summary distributed pursuant to this paragraph shall contain, in at least 10-point boldface type, the following statement: “This summary of the association’s policies of insurance provides only certain information, as required by Section 5300 of the Civil Code, and should not be considered a substitute for the complete policy terms and conditions contained in the actual policies of insurance. Any association member may, upon request and provision of reasonable notice, review the association’s insurance policies and, upon request and payment of reasonable duplication charges, obtain copies of those policies. Although the association maintains the policies of insurance specified in this summary, the association’s policies of insurance may not cover your property, including personal property or real property improvements to or around your dwelling, or personal injuries or other losses that occur within or around your dwelling. Even if a loss is covered, you may nevertheless be responsible for paying all or a portion of any deductible that applies. Association members should consult with their individual insurance broker or agent for appropriate additional coverage.” (10) When the common interest development is a condominium project, a statement describing the status of the common interest development as a Federal Housing Administration (FHA)-approved condominium project pursuant to FHA guidelines, including whether the common interest development is an FHA-approved condominium project. The statement shall be in at least 10-point font on a separate piece of paper and in the following form: “Certification by the Federal Housing Administration may provide benefits to members of an association, including an improvement in an owner’s ability to refinance a mortgage or obtain secondary financing and an increase in the pool of potential buyers of the separate interest. This common interest development [is/is not (circle one)] a condominium project. The association of this common interest development [is/is not (circle one)] certified by the Federal Housing Administration.” (11) When the common interest development is a condominium project, a statement describing the status of the common interest development as a federal Department of Veterans Affairs (VA)-approved condominium project pursuant to VA guidelines, including whether the common interest development is a VA-approved condominium project. The statement shall be in at least 10-point font on a separate piece of paper and in the following form: “Certification by the federal Department of Veterans Affairs may provide benefits to members of an association, including an improvement in an owner’s ability to refinance a mortgage or obtain secondary financing and an increase in the pool of potential buyers of the separate interest. This common interest development [is/is not (circle one)] a condominium project. The association of this common interest development [is/is not (circle one)] certified by the federal Department of Veterans Affairs.” (12) A copy of the completed “Charges For Documents Provided” disclosure identified in Section 4528. For purposes of this section, “completed” means that the “Fee for Document” section of the form individually identifies the costs associated with providing each document listed on the form. (c) The annual budget report shall be made available to the members pursuant to Section 5320. (d) The summary of the association’s reserves disclosed pursuant to paragraph (2) of subdivision (b) shall not be admissible in evidence to show improper financial management of an association, provided that other relevant and competent evidence of the financial condition of the association is not made inadmissible by this provision. (e) The Assessment and Reserve Funding Disclosure Summary form, prepared pursuant to Section 5570, shall accompany each annual budget report or summary of the annual budget report that is delivered pursuant to this article. (Amended by Stats. 2017, Ch. 127, Sec. 4. (AB 690) Effective January 1, 2018.)
5305.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 7. Annual Reports [5300 - 5320] ( Article 7 added by Stats. 2012, Ch. 180, Sec. 2. )
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If the association’s gross income exceeds $75,000 in a fiscal year, a review of its financial statement must be prepared by a California Board of Accountancy licensee, unless the governing documents set stricter standards. A copy must be sent to members within 120 days after fiscal year end.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 7. Annual Reports [5300 - 5320] ( Article 7 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5305. Unless the governing documents impose more stringent standards, a review of the financial statement of the association shall be prepared in accordance with generally accepted accounting principles by a licensee of the California Board of Accountancy for any fiscal year in which the gross income to the association exceeds seventy-five thousand dollars ($75,000). A copy of the review of the financial statement shall be distributed to the members within 120 days after the close of each fiscal year, by individual delivery pursuant to Section 4040. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
5310.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 7. Annual Reports [5300 - 5320] ( Article 7 added by Stats. 2012, Ch. 180, Sec. 2. )
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The board must distribute an annual policy statement before fiscal year-end and make it available to members.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 7. Annual Reports [5300 - 5320] ( Article 7 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5310. (a) Within 30 to 90 days before the end of its fiscal year, the board shall distribute an annual policy statement that provides the members with information about association policies. The annual policy statement shall include all of the following information: (1) The name and address of the person designated to receive official communications to the association, pursuant to Section 4035. (2) A statement explaining that a member may submit a request to have notices sent to up to two different specified addresses, pursuant to Section 4040. (3) The location, if any, designated for posting of a general notice, pursuant to subdivision (a) of Section 4045. (4) Notice of a member’s option to receive general notices by individual delivery, pursuant to subdivision (b) of Section 4045. (5) Notice of a member’s right to receive copies of meeting minutes, pursuant to subdivision (b) of Section 4950. (6) The statement of assessment collection policies required by Section 5730. (7) A statement describing the association’s policies and practices in enforcing lien rights or other legal remedies for default in the payment of assessments. (8) A statement describing the association’s discipline policy, if any, including any schedule of penalties for violations of the governing documents pursuant to Section 5850. (9) A summary of dispute resolution procedures, pursuant to Sections 5920 and 5965. (10) A summary of any requirements for association approval of a physical change to property, pursuant to Section 4765. (11) The mailing address for overnight payment of assessments, pursuant to Section 5655. (12) Any other information that is required by law or the governing documents or that the board determines to be appropriate for inclusion. (b) The annual policy statement shall be made available to the members pursuant to Section 5320. (Amended by Stats. 2021, Ch. 640, Sec. 10. (SB 392) Effective January 1, 2022.)
5320.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 7. Annual Reports [5300 - 5320] ( Article 7 added by Stats. 2012, Ch. 180, Sec. 2. )
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If an annual report is prepared, the association must give all members either the full report or a summary, and it must provide the full report to any member who asked for reports in full.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 7. Annual Reports [5300 - 5320] ( Article 7 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5320. (a) When a report is prepared pursuant to Section 5300 or 5310, the association shall deliver one of the following documents to all members by individual delivery pursuant to Section 4040: (1) The full report. (2) A summary of the report that includes, on the first page, a general description of the content of the report and instructions, printed in at least 10-point boldface type, regarding how to request a complete copy of the report at no cost to the member. (b) Notwithstanding subdivision (a), if a member has requested to receive all reports in full, the association shall deliver the full report to that member, rather than a summary of the report. (Amended by Stats. 2021, Ch. 640, Sec. 11. (SB 392) Effective January 1, 2022.)
5350.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 8. Conflict of Interest [5350- 5350.] ( Article 8 added by Stats. 2012, Ch. 180, Sec. 2. )
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A director or committee member must not vote on specified conflict-of-interest matters.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 8. Conflict of Interest [5350- 5350.] ( Article 8 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5350. (a) Notwithstanding any other law, and regardless of whether an association is incorporated or unincorporated, the provisions of Sections 7233 and 7234 of the Corporations Code shall apply to any contract or other transaction authorized, approved, or ratified by the board or a committee of the board. (b) A director or member of a committee shall not vote on any of the following matters: (1) Discipline of the director or committee member. (2) An assessment against the director or committee member for damage to the common area or facilities. (3) A request, by the director or committee member, for a payment plan for overdue assessments. (4) A decision whether to foreclose on a lien on the separate interest of the director or committee member. (5) Review of a proposed physical change to the separate interest of the director or committee member. (6) A grant of exclusive use common area to the director or committee member. (c) Nothing in this section limits any other provision of law or the governing documents that govern a decision in which a director may have an interest. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
5375.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 9. Managing Agent [5375 - 5385] ( Article 9 added by Stats. 2012, Ch. 180, Sec. 2. )
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A prospective managing agent must give the board a written statement no later than 90 days before signing a management agreement.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 9. Managing Agent [5375 - 5385] ( Article 9 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5375. A prospective managing agent of a common interest development shall provide a written statement to the board as soon as practicable, but in no event more than 90 days, before entering into a management agreement which shall contain all of the following information concerning the managing agent: (a) The names and business addresses of the owners or general partners of the managing agent. If the managing agent is a corporation, the written statement shall include the names and business addresses of the directors and officers and shareholders holding greater than 10 percent of the shares of the corporation. (b) Whether or not any relevant licenses such as architectural design, construction, engineering, real estate, or accounting have been issued by this state and are currently held by the persons specified in subdivision (a). If a license is currently held by any of those persons, the statement shall contain the following information: (1) What license is held. (2) The dates the license is valid. (3) The name of the licensee appearing on that license. (c) Whether or not any relevant professional certifications or designations such as architectural design, construction, engineering, real property management, or accounting are currently held by any of the persons specified in subdivision (a), including, but not limited to, a professional common interest development manager. If any certification or designation is held, the statement shall include the following information: (1) What the certification or designation is and what entity issued it. (2) The dates the certification or designation is valid. (3) The names in which the certification or designation is held. (d) Disclose any business or company in which the common interest development manager or common interest development management firm has any ownership interests, profit-sharing arrangements, or other monetary incentives provided to the management firm or managing agent. (e) Whether or not the common interest development manager or common interest development management firm receives a referral fee or other monetary benefit from a third-party provider distributing documents pursuant to Sections 4528 and 4530. (Amended by Stats. 2017, Ch. 127, Sec. 5. (AB 690) Effective January 1, 2018.)
5375.5.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 9. Managing Agent [5375 - 5385] ( Article 9 added by Stats. 2012, Ch. 180, Sec. 2. )
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A common interest development manager or management firm must disclose any potential conflict of interest in writing when bidding for service to an association’s board of directors.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 9. Managing Agent [5375 - 5385] ( Article 9 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5375.5. A common interest development manager or common interest development management firm shall disclose, in writing, any potential conflict of interest when presenting a bid for service to an association’s board of directors. “Conflict of interest,” for purposes of this section, means: (a) Any referral fee or other monetary benefit that could be derived from a business or company providing products or services to the association. (b) Any ownership interests or profit-sharing arrangements with service providers recommended to, or used by, the association. (Added by Stats. 2017, Ch. 127, Sec. 6. (AB 690) Effective January 1, 2018.)
5376.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 9. Managing Agent [5375 - 5385] ( Article 9 added by Stats. 2012, Ch. 180, Sec. 2. )
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A common interest development manager, management firm, or its contracted third-party agent must help deliver certain required disclosures when it is contractually responsible for delivering those documents.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 9. Managing Agent [5375 - 5385] ( Article 9 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5376. The common interest development manager, common interest development management firm, or its contracted third-party agent shall facilitate the delivery of disclosures required pursuant to paragraph (1) of subdivision (a), paragraph (2) of subdivision (b), and subdivision (d), of Section 4530 if the common interest development manager, or common interest development management firm, is contractually responsible for delivering those documents. (Added by Stats. 2017, Ch. 127, Sec. 7. (AB 690) Effective January 1, 2018.)
5380.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 9. Managing Agent [5375 - 5385] ( Article 9 added by Stats. 2012, Ch. 180, Sec. 2. )
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A managing agent handling association funds must keep them in required accounts, separate them from other money, avoid unauthorized transfers and risky investments, and keep records.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 9. Managing Agent [5375 - 5385] ( Article 9 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5380. (a) A managing agent of a common interest development who accepts or receives funds belonging to the association shall deposit those funds that are not placed into an escrow account with a bank, savings association, or credit union or into an account under the control of the association, into a trust fund account maintained by the managing agent in a bank, savings association, or credit union in this state. All funds deposited by the managing agent in the trust fund account shall be kept in this state in a financial institution, as defined in Section 31041 of the Financial Code, which is insured by the federal government, or is a guaranty corporation subject to Section 14858 of the Financial Code, and shall be maintained there until disbursed in accordance with written instructions from the association entitled to the funds. (b) At the written request of the board, the funds the managing agent accepts or receives on behalf of the association shall be deposited into an account in a bank, savings association, or credit union in this state that is insured by the Federal Deposit Insurance Corporation, National Credit Union Administration Insurance Fund, or a guaranty corporation subject to Section 14858 of the Financial Code, provided all of the following requirements are met: (1) The account is in the name of the managing agent as trustee for the association or in the name of the association. (2) All of the funds in the account are covered by insurance provided by an agency of the federal government or a guaranty corporation subject to Section 14858 of the Financial Code. Those funds may only be deposited in accounts that protect the principal. In no event may those funds be invested in stocks or high-risk investment options. (3) The funds in the account are kept separate, distinct, and apart from the funds belonging to the managing agent or to any other person for whom the managing agent holds funds in trust. (4) The managing agent discloses to the board the nature of the account, how interest will be calculated and paid, whether service charges will be paid to the depository and by whom, and any notice requirements or penalties for withdrawal of funds from the account. (5) No interest earned on funds in the account shall inure directly or indirectly to the benefit of the managing agent or the managing agent’s employees. (6) Transfers of funds out of the association’s reserve or operating accounts shall not be authorized without prior written approval from the board of the association unless the amount of the transfer is less than the following: (A) The lesser of five thousand dollars ($5,000) or 5 percent of the estimated income in the annual operating budget, for associations with 50 or less separate interests. (B) The lesser of ten thousand dollars ($10,000) or 5 percent of estimated income in the annual operating budget, for associations with 51 or more separate interests. (c) The managing agent shall maintain a separate record of the receipt and disposition of all funds described in this section, including any interest earned on the funds. (d) The managing agent shall not commingle the funds of the association with the managing agent’s own money or with the money of others that the managing agent receives or accepts. (e) The prevailing party in an action to enforce this section shall be entitled to recover reasonable legal fees and court costs. (f) As used in this section, “completed payment” means funds received that clearly identify the account to which the funds are to be credited. (Amended by Stats. 2021, Ch. 270, Sec. 1. (AB 1101) Effective January 1, 2022.)
5385.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 9. Managing Agent [5375 - 5385] ( Article 9 added by Stats. 2012, Ch. 180, Sec. 2. )
Verify source ↗

For this article, a “managing agent” does not include a full-time employee of the association.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 9. Managing Agent [5375 - 5385] ( Article 9 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5385. For the purposes of this article, “managing agent” does not include a full-time employee of the association. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
54.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.5. BLIND AND OTHER PHYSICALLY DISABLED PERSONS [54 - 55.32] ( Part 2.5 added by Stats. 1968, Ch. 461. )
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People with disabilities or medical conditions have the same right as the general public to use public streets, buildings, facilities, and similar places freely.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.5. BLIND AND OTHER PHYSICALLY DISABLED PERSONS [54 - 55.32] ( Part 2.5 added by Stats. 1968, Ch. 461. ) ## 54. (a) Individuals with disabilities or medical conditions have the same right as the general public to the full and free use of the streets, highways, sidewalks, walkways, public buildings, medical facilities, including hospitals, clinics, and physicians’ offices, public facilities, and other public places. (b) For purposes of this section: (1) “Disability” means any mental or physical disability as defined in Section 12926 of the Government Code. (2) “Medical condition” has the same meaning as defined in subdivision (h) of Section 12926 of the Government Code. (c) A violation of the right of an individual under the Americans with Disabilities Act of 1990 (Public Law 101-336) also constitutes a violation of this section. (Amended by Stats. 2000, Ch. 1049, Sec. 4. Effective January 1, 2001.)
54.1.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.5. BLIND AND OTHER PHYSICALLY DISABLED PERSONS [54 - 55.32] ( Part 2.5 added by Stats. 1968, Ch. 461. )
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Individuals with disabilities are entitled to full and equal access, and housing providers generally may not refuse disability-related modifications, accommodations, or assistance-animal access.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.5. BLIND AND OTHER PHYSICALLY DISABLED PERSONS [54 - 55.32] ( Part 2.5 added by Stats. 1968, Ch. 461. ) ## 54.1. (a) (1) Individuals with disabilities shall be entitled to full and equal access, as other members of the general public, to accommodations, advantages, facilities, medical facilities, including hospitals, clinics, and physicians’ offices, and privileges of all common carriers, airplanes, motor vehicles, railroad trains, motorbuses, streetcars, boats, or any other public conveyances or modes of transportation (whether private, public, franchised, licensed, contracted, or otherwise provided), telephone facilities, adoption agencies, private schools, hotels, lodging places, places of public accommodation, amusement, or resort, and other places to which the general public is invited, subject only to the conditions and limitations established by law, or state or federal regulation, and applicable alike to all persons. (2) As used in this section, “telephone facilities” means tariff items and other equipment and services that have been approved by the Public Utilities Commission to be used by individuals with disabilities in a manner feasible and compatible with the existing telephone network provided by the telephone companies. (3) “Full and equal access,” for purposes of this section in its application to transportation, means access that meets the standards of Titles II and III of the Americans with Disabilities Act of 1990 (Public Law 101-336) and federal regulations adopted pursuant thereto, except that, if the laws of this state prescribe higher standards, it shall mean access that meets those higher standards. (b) (1) Individuals with disabilities shall be entitled to full and equal access, as other members of the general public, to all housing accommodations offered for rent, lease, or compensation in this state, subject to the conditions and limitations established by law, or state or federal regulation, and applicable alike to all persons. (2) “Housing accommodations” means any real property, or portion of real property, that is used or occupied, or is intended, arranged, or designed to be used or occupied, as the home, residence, or sleeping place of one or more human beings, but shall not include any accommodations included within subdivision (a) or any single-family residence the occupants of which rent, lease, or furnish for compensation not more than one room in the residence. (3) (A) A person renting, leasing, or otherwise providing real property for compensation shall not refuse to permit an individual with a disability, at that person’s expense, to make reasonable modifications of the existing rented premises if the modifications are necessary to afford the person full enjoyment of the premises. However, any modifications under this paragraph may be conditioned on the disabled tenant entering into an agreement to restore the interior of the premises to the condition existing before the modifications. No additional security may be required on account of an election to make modifications to the rented premises under this paragraph, but the lessor and tenant may negotiate, as part of the agreement to restore the premises, a provision requiring the disabled tenant to pay an amount into an escrow account, not to exceed a reasonable estimate of the cost of restoring the premises. (B) A person renting, leasing, or otherwise providing real property for compensation shall not refuse to make reasonable accommodations in rules, policies, practices, or services, when those accommodations may be necessary to afford individuals with a disability equal opportunity to use and enjoy the premises. (4) This subdivision does not require a person renting, leasing, or providing for compensation real property to modify his or her property in any way or provide a higher degree of care for an individual with a disability than for an individual who is not disabled. (5) Except as provided in paragraph (6), this part does not require a person renting, leasing, or providing for compensation real property, if that person refuses to accept tenants who have dogs, to accept as a tenant an individual with a disability who has a dog. (6) (A) It shall be deemed a denial of equal access to housing accommodations within the meaning of this subdivision for a person, firm, or corporation to refuse to lease or rent housing accommodations to an individual who is blind or visually impaired on the basis that the individual uses the services of a guide dog, an individual who is deaf or hard of hearing on the basis that the individual uses the services of a signal dog, or to an individual with any other disability on the basis that the individual uses the services of a service dog, or to refuse to permit such an individual who is blind or visually impaired to keep a guide dog, an individual who is deaf or hard of hearing to keep a signal dog, or an individual with any other disability to keep a service dog on the premises. (B) Except in the normal performance of duty as a mobility or signal aid, this paragraph does not prevent the owner of a housing accommodation from establishing terms in a lease or rental agreement that reasonably regulate the presence of guide dogs, signal dogs, or service dogs on the premises of a housing accommodation, nor does this paragraph relieve a tenant from any liability otherwise imposed by law for real and personal property damages caused by such a dog when proof of the damage exists. (C) (i) As used in this subdivision, “guide dog” means a guide dog that was trained by a person licensed under Chapter 9.5 (commencing with Section 7200) of Division 3 of the Business and Professions Code or as defined in the regulations implementing Title III of the Americans with Disabilities Act of 1990 (Public Law 101-336). (ii) As used in this subdivision, “signal dog” means a dog trained to alert an individual who is deaf or hard of hearing to intruders or sounds. (iii) As used in this subdivision, “service dog” means a dog individually trained to the requirements of the individual with a disability, including, but not limited to, minimal protection work, rescue work, pulling a wheelchair, or fetching dropped items. (7) It shall be deemed a denial of equal access to housing accommodations within the meaning of this subdivision for a person, firm, or corporation to refuse to lease or rent housing accommodations to an individual who is blind or visually impaired, an individual who is deaf or hard of hearing, or other individual with a disability on the basis that the individual with a disability is partially or wholly dependent upon the income of his or her spouse, if the spouse is a party to the lease or rental agreement. This subdivision does not prohibit a lessor or landlord from considering the aggregate financial status of an individual with a disability and his or her spouse. (c) Visually impaired or blind persons and persons licensed to train guide dogs for individuals who are visually impaired or blind pursuant to Chapter 9.5 (commencing with Section 7200) of Division 3 of the Business and Professions Code or guide dogs as defined in the regulations implementing Title III of the Americans with Disabilities Act of 1990 (Public Law 101-336), and persons who are deaf or hard of hearing and persons authorized to train signal dogs for individuals who are deaf or hard of hearing, and other individuals with a disability and persons authorized to train service dogs for individuals with a disability, may take dogs, for the purpose of training them as guide dogs, signal dogs, or service dogs in any of the places specified in subdivisions (a) and (b). These persons shall ensure that the dog is on a leash and tagged as a guide dog, signal dog, or service dog by identification tag issued by the county clerk, animal control department, or other agency, as authorized by Chapter 3.5 (commencing with Section 30850) of Division 14 of the Food and Agricultural Code. In addition, the person shall be liable for any provable damage done to the premises or facilities by his or her dog. (d) A violation of the right of an individual under the Americans with Disabilities Act of 1990 (Public Law 101-336) also constitutes a violation of this section, and this section does not limit the access of any person in violation of that act. (e) This section does not preclude the requirement of the showing of a license plate or disabled placard when required by enforcement units enforcing disabled persons parking violations pursuant to Sections 22507.8 and 22511.8 of the Vehicle Code. (Amended by Stats. 2016, Ch. 94, Sec. 1. (AB 1709) Effective January 1, 2017.)
54.2.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.5. BLIND AND OTHER PHYSICALLY DISABLED PERSONS [54 - 55.32] ( Part 2.5 added by Stats. 1968, Ch. 461. )
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People with disabilities may be accompanied by trained guide, signal, or service dogs in the listed places without extra charge or security deposit, but they are liable for damage caused by the dog.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.5. BLIND AND OTHER PHYSICALLY DISABLED PERSONS [54 - 55.32] ( Part 2.5 added by Stats. 1968, Ch. 461. ) ## 54.2. (a) Every individual with a disability has the right to be accompanied by a guide dog, signal dog, or service dog, especially trained for the purpose, in any of the places specified in Section 54.1 without being required to pay an extra charge or security deposit for the guide dog, signal dog, or service dog. However, the individual shall be liable for any damage done to the premises or facilities by his or her dog. (b) Individuals who are blind or otherwise visually impaired and persons licensed to train guide dogs for individuals who are blind or visually impaired pursuant to Chapter 9.5 (commencing with Section 7200) of Division 3 of the Business and Professions Code or as defined in regulations implementing Title III of the Americans with Disabilities Act of 1990 (Public Law 101-336), and individuals who are deaf or hard of hearing and persons authorized to train signal dogs for individuals who are deaf or hard of hearing, and individuals with a disability and persons who are authorized to train service dogs for the individuals with a disability may take dogs, for the purpose of training them as guide dogs, signal dogs, or service dogs in any of the places specified in Section 54.1 without being required to pay an extra charge or security deposit for the guide dog, signal dog, or service dog. However, the person shall be liable for any damage done to the premises or facilities by his or her dog. These persons shall ensure the dog is on a leash and tagged as a guide dog, signal dog, or service dog by an identification tag issued by the county clerk, animal control department, or other agency, as authorized by Chapter 3.5 (commencing with Section 30850) of Title 14 of the Food and Agricultural Code. (c) A violation of the right of an individual under the Americans with Disabilities Act of 1990 (Public Law 101-336) also constitutes a violation of this section, and this section does not limit the access of any person in violation of that act. (d) As used in this section, the terms “guide dog,” “signal dog,” and “service dog” have the same meanings as defined in Section 54.1. (e) This section does not preclude the requirement of the showing of a license plate or disabled placard when required by enforcement units enforcing disabled persons parking violations pursuant to Sections 22507.8 and 22511.8 of the Vehicle Code. (Amended by Stats. 2016, Ch. 94, Sec. 2. (AB 1709) Effective January 1, 2017.)
54.25.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.5. BLIND AND OTHER PHYSICALLY DISABLED PERSONS [54 - 55.32] ( Part 2.5 added by Stats. 1968, Ch. 461. )
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Covered peace officers, firefighters, and search-and-rescue dog handlers cannot be denied service or charged extra because of the dog, but the agency or handler is liable for dog-caused damage.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.5. BLIND AND OTHER PHYSICALLY DISABLED PERSONS [54 - 55.32] ( Part 2.5 added by Stats. 1968, Ch. 461. ) ## 54.25. (a) (1) A peace officer or firefighter assigned to a canine unit or the handler of a search and rescue dog assigned to duty away from his or her home jurisdiction because of a declared federal, state, or local emergency, or an official mutual aid request or training, and in the course and scope of his or her duties shall not be denied service based on the presence of the dog or discriminated against in hotels, lodging establishments, eating establishments, or public transportation by being required to pay an extra charge or security deposit for the dog. However, the peace officer’s law enforcement agency, the firefighter’s fire agency, or the handler of a search and rescue dog shall be liable for any damages to the premises or facilities caused by the dog. (2) Any person, firm, association, or corporation, or the agent of any person, firm, association, or corporation that prevents a peace officer or a firefighter assigned to a canine unit and his or her dog or the handler of a search and rescue dog and his or her dog from exercising, or interferes in the exercise of, the rights specified in this section is subject to a civil fine not exceeding one thousand dollars ($1,000). (b) For purposes of this section, the following definitions apply: (1) “Declared emergency” is any emergency declared by the President of the United States, the Governor of a state, or local authorities. (2) “Handler of a search and rescue dog” means a person in possession of a dog that is in training to become registered and approved as a search and rescue dog, or that is currently registered and approved for tasks, including, but not limited to, locating missing persons, discovering controlled substances, explosives, or cadavers, or locating victims in collapsed structures, and assisting with peace officer on-command searches for suspects and victims at crime scenes. (3) “Peace officer’s or firefighter’s dog” means a dog owned by a public law enforcement agency or fire department and under the control of a peace officer or firefighter assigned to a canine unit that has been trained in matters, including, but not limited to, discovering controlled substances, explosives, cadavers, victims in collapsed structures, and peace officer on-command searches for suspects and victims at crime scenes. (4) “Search and rescue dog” means a dog that is officially affiliated with, or sponsored by, a governmental agency and that has been trained and approved as a search and rescue dog, or that is currently registered and approved for search and rescue work with a search and rescue team affiliated with the California Emergency Management Agency. The term also includes a dog that is in training to become registered and approved for that work. (c) Nothing in this section is intended to affect any civil remedies available for a violation of this section. (d) This section is intended to provide accessibility without discrimination to a peace officer or firefighter with a peace officer’s or firefighter’s dog or a handler of a search and rescue dog with a search and rescue dog in hotels, lodging places, eating establishments, and public transportation. (e) Nothing in this section is intended to prevent the removal of the search and rescue dog in the event the search and rescue dog creates an excessive disturbance to the quiet enjoyment of the property. In the event of an excessive disturbance, the peace officer, firefighter, or handler of the search and rescue dog shall be given a minimum of one warning notice of the excessive disturbance and an opportunity to correct the disturbance. The mere presence of the dog within the hotel, lodging establishment, food establishment, or public transportation shall not be considered an excessive disturbance. (Amended by Stats. 2010, Ch. 92, Sec. 1. (AB 2243) Effective January 1, 2011.)
54.27.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.5. BLIND AND OTHER PHYSICALLY DISABLED PERSONS [54 - 55.32] ( Part 2.5 added by Stats. 1968, Ch. 461. )
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Attorneys who send certain accessibility-related letters or complaints to education entities must give the California Commission on Disability Access copies and required information within five business days.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.5. BLIND AND OTHER PHYSICALLY DISABLED PERSONS [54 - 55.32] ( Part 2.5 added by Stats. 1968, Ch. 461. ) ## 54.27. (a) An attorney who provides a prelitigation letter to an education entity shall do both of the following: (1) Include the attorney’s State Bar license number in the prelitigation letter. (2) Within five business days of providing the prelitigation letter, send a copy of the prelitigation letter to the California Commission on Disability Access. (b) An attorney who sends or serves a complaint against an education entity shall do both of the following: (1) Send a copy of the complaint and submit information about the complaint in a standard format specified by the California Commission on Disability Access to the commission within five business days of sending or serving the complaint. (2) Notify the California Commission on Disability Access within five business days of judgment, settlement, or dismissal of the claim or claims alleged in the complaint of the following information in a standard format specified by the commission: (A) The date of the judgment, settlement, or dismissal. (B) Whether or not the construction-related accessibility violations alleged in the complaint were remedied in whole or in part after the plaintiff filed a complaint. (C) If the construction-related accessibility violations alleged in the complaint were not remedied in whole or in part after the plaintiff filed a complaint, whether or not another favorable result was achieved after the plaintiff filed the complaint. (c) A violation of paragraph (2) of subdivision (a) or subdivision (b) shall constitute cause for the imposition of discipline of an attorney if a copy of the prelitigation letter, complaint, or notification of a case outcome is not sent to the California Commission on Disability Access within five business days. In the event the State Bar of California receives information indicating that an attorney has failed to send a copy of the prelitigation letter, complaint, or notification of a case outcome to the California Commission on Disability Access within five business days, the State Bar of California shall investigate to determine whether paragraph (2) of subdivision (a) or subdivision (b) has been violated. (d) Notwithstanding subdivisions (a) and (b), an attorney is not required to send to the California Commission on Disability Access a copy of any subsequent prelitigation letter or amended complaint in the same dispute following the initial prelitigation letter or complaint, unless that subsequent prelitigation letter or amended complaint alleges a new construction-related accessibility claim. (e) A prelitigation letter or notification of a case outcome sent to the California Commission on Disability Access shall be for the informational purposes of Section 8299.08 of the Government Code. (f) The California Commission on Disability Access shall review and report on the prelitigation letters, complaints, and notifications of case outcomes it receives in the same manner as provided in Section 8299.08 of the Government Code. (g) Paragraph (2) of subdivision (a) and subdivision (b) does not apply to a prelitigation letter or complaint sent or filed by an attorney employed or retained by a qualified legal services project or a qualified support center, as defined in Section 6213 of the Business and Professions Code, when acting within the scope of employment in asserting a construction-related accessibility claim. The Legislature finds and declares that qualified legal services projects and support centers are extensively regulated by the State Bar of California, and that there is no evidence of any abusive use of demand letters or complaints by these organizations. The Legislature further finds that, in light of the evidence of the extraordinarily small number of construction-related accessibility cases brought by regulated legal services programs, and given the resources of those programs, exempting regulated legal services programs from the requirements of this section to report to the California Commission on Disability Access will not affect the purpose of the reporting to, and tabulation by, the commission of all other construction-related accessibility claims. (h) This section does not apply to a claim for money or damages against a public entity governed by Division 3.6 (commencing with Section 810) of Title 1 of the Government Code or make the requirements of this section applicable to such a claim. (i) For purposes of this section, the following terms have the following meanings: (1) “Complaint” means a civil complaint that is filed or is to be filed with a court and is sent to or served upon a defendant on the basis of one or more construction-related accessibility claims. (2) “Construction-related accessibility claim” or “claim” means any claim of a violation of any construction-related accessibility standard, as defined in paragraph (6) of subdivision (a) of Section 55.52, with respect to a public building, public facility, or other public place of an education entity. “Construction-related accessibility claim” does not include a claim of interference with housing within the meaning of paragraph (2) of subdivision (b) of Section 54.1, or any claim of interference caused by something other than the construction-related accessibility condition of the property, including, but not limited to, the conduct of any person. (3) “Education entity” means the Regents of the University of California, the Trustees of the California State University and the California State University, the office of the Chancellor of the California Community Colleges, a K–12 school district, or any local education agency. (4) “Prelitigation letter” means a prelitigation written document that alleges the site is in violation of one or more construction-related accessibility standards, as defined in paragraph (6) of subdivision (a) of Section 55.52 and is provided to the education entity whether or not the attorney intends to file a complaint, or eventually files a complaint, in state or federal court. A prelitigation letter does not include a claim for money or damages against a local public entity governed by Division 3.6 (commencing with Section 810) of Title 1 of the Government Code. (Amended by Stats. 2017, Ch. 561, Sec. 16. (AB 1516) Effective January 1, 2018.)
54.3.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.5. BLIND AND OTHER PHYSICALLY DISABLED PERSONS [54 - 55.32] ( Part 2.5 added by Stats. 1968, Ch. 461. )
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A person or business that denies access to, or interferes with, covered public facilities or disability rights can be liable for damages and attorney’s fees.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.5. BLIND AND OTHER PHYSICALLY DISABLED PERSONS [54 - 55.32] ( Part 2.5 added by Stats. 1968, Ch. 461. ) ## 54.3. (a) Any person or persons, firm or corporation who denies or interferes with admittance to or enjoyment of the public facilities as specified in Sections 54 and 54.1 or otherwise interferes with the rights of an individual with a disability under Sections 54, 54.1 and 54.2 is liable for each offense for the actual damages and any amount as may be determined by a jury, or the court sitting without a jury, up to a maximum of three times the amount of actual damages but in no case less than one thousand dollars ($1,000), and attorney’s fees as may be determined by the court in addition thereto, suffered by any person denied any of the rights provided in Sections 54, 54.1, and 54.2. “Interfere,” for purposes of this section, includes, but is not limited to, preventing or causing the prevention of a guide dog, signal dog, or service dog from carrying out its functions in assisting a disabled person. (b) Any person who claims to be aggrieved by an alleged unlawful practice in violation of Section 54, 54.1, or 54.2 may also file a verified complaint with the Civil Rights Department pursuant to Section 12948 of the Government Code. The remedies in this section are nonexclusive and are in addition to any other remedy provided by law, including, but not limited to, any action for injunctive or other equitable relief available to the aggrieved party or brought in the name of the people of this state or of the United States. (c) A person may not be held liable for damages pursuant to both this section and Section 52 for the same act or failure to act. (Amended by Stats. 2022, Ch. 48, Sec. 6. (SB 189) Effective June 30, 2022.)
54.4.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.5. BLIND AND OTHER PHYSICALLY DISABLED PERSONS [54 - 55.32] ( Part 2.5 added by Stats. 1968, Ch. 461. )
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A blind or visually impaired pedestrian keeps the same legal rights and privileges as other people in the listed places, even if they are not carrying a white cane or using a guide dog.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.5. BLIND AND OTHER PHYSICALLY DISABLED PERSONS [54 - 55.32] ( Part 2.5 added by Stats. 1968, Ch. 461. ) ## 54.4. A blind or otherwise visually impaired pedestrian shall have all of the rights and privileges conferred by law upon other persons in any of the places, accommodations, or conveyances specified in Sections 54 and 54.1, notwithstanding the fact that the person is not carrying a predominantly white cane (with or without a red tip), or using a guide dog. The failure of a blind or otherwise visually impaired person to carry such a cane or to use such a guide dog shall not constitute negligence per se. (Amended by Stats. 1994, Ch. 1257, Sec. 5. Effective January 1, 1995.)
54.5.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.5. BLIND AND OTHER PHYSICALLY DISABLED PERSONS [54 - 55.32] ( Part 2.5 added by Stats. 1968, Ch. 461. )
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Each year, the Governor must publicly proclaim October 15 as White Cane Safety Day.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.5. BLIND AND OTHER PHYSICALLY DISABLED PERSONS [54 - 55.32] ( Part 2.5 added by Stats. 1968, Ch. 461. ) ## 54.5. Each year, the Governor shall publicly proclaim October 15 as White Cane Safety Day. He or she shall issue a proclamation in which: (a) Comments shall be made upon the significance of this chapter. (b) Citizens of the state are called upon to observe the provisions of this chapter and to take precautions necessary to the safety of disabled persons. (c) Citizens of the state are reminded of the policies with respect to disabled persons declared in this chapter and he urges the citizens to cooperate in giving effect to them. (d) Emphasis shall be made on the need of the citizenry to be aware of the presence of disabled persons in the community and to keep safe and functional for the disabled the streets, highways, sidewalks, walkways, public buildings, public facilities, other public places, places of public accommodation, amusement and resort, and other places to which the public is invited, and to offer assistance to disabled persons upon appropriate occasions. (e) It is the policy of this state to encourage and enable disabled persons to participate fully in the social and economic life of the state and to engage in remunerative employment. (Amended by Stats. 1994, Ch. 1257, Sec. 6. Effective January 1, 1995.)
54.6.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.5. BLIND AND OTHER PHYSICALLY DISABLED PERSONS [54 - 55.32] ( Part 2.5 added by Stats. 1968, Ch. 461. )
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This section defines “visually impaired” for this part, including blindness and certain levels of limited visual acuity or field of vision.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.5. BLIND AND OTHER PHYSICALLY DISABLED PERSONS [54 - 55.32] ( Part 2.5 added by Stats. 1968, Ch. 461. ) ## 54.6. As used in this part, “visually impaired” includes blindness and means having central visual acuity not to exceed 20/200 in the better eye, with corrected lenses, as measured by the Snellen test, or visual acuity greater than 20/200, but with a limitation in the field of vision such that the widest diameter of the visual field subtends an angle not greater than 20 degrees. (Amended by Stats. 2006, Ch. 538, Sec. 38. Effective January 1, 2007.)
54.7.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.5. BLIND AND OTHER PHYSICALLY DISABLED PERSONS [54 - 55.32] ( Part 2.5 added by Stats. 1968, Ch. 461. )
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Zoos and wild animal parks have to provide certain accommodations for people with disabilities when they do not allow service animals in the park.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.5. BLIND AND OTHER PHYSICALLY DISABLED PERSONS [54 - 55.32] ( Part 2.5 added by Stats. 1968, Ch. 461. ) ## 54.7. (a) Notwithstanding any other provision of law, the provisions of this part shall not be construed to require zoos or wild animal parks to allow guide dogs, signal dogs, or service dogs to accompany individuals with a disability in areas of the zoo or park where zoo or park animals are not separated from members of the public by a physical barrier. As used in this section, “physical barrier” does not include an automobile or other conveyance. (b) Any zoo or wild animal park that does not permit guide dogs, signal dogs, or service dogs to accompany individuals with a disability therein shall maintain, free of charge, adequate kennel facilities for the use of guide dogs, signal dogs, or service dogs belonging to these persons. These facilities shall be of a character commensurate with the anticipated daily attendance of individuals with a disability. The facilities shall be in an area not accessible to the general public, shall be equipped with water and utensils for the consumption thereof, and shall otherwise be safe, clean, and comfortable. (c) Any zoo or wild animal park that does not permit guide dogs to accompany blind or visually impaired persons therein shall provide free transportation to blind or visually impaired persons on any mode of transportation provided for members of the public. Each zoo or wild animal park that does not permit service dogs to accompany individuals with a disability shall provide free transportation to individuals with a disability on any mode of transportation provided for a member of the public in cases where the person uses a wheelchair and it is readily apparent that the person is unable to maintain complete or independent mobility without the aid of the service dog. (d) Any zoo or wild animal park that does not permit guide dogs to accompany blind or otherwise visually impaired persons therein shall provide sighted escorts for blind or otherwise visually impaired persons if they are unaccompanied by a sighted person. (e) As used in this section, “wild animal park” means any entity open to the public on a regular basis, licensed by the United States Department of Agriculture under the Animal Welfare Act as an exhibit, and operating for the primary purposes of conserving, propagating, and exhibiting wild and exotic animals, and any marine, mammal, or aquatic park open to the general public. (Amended by Stats. 1994, Ch. 1257, Sec. 8. Effective January 1, 1995.)
54.8.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.5. BLIND AND OTHER PHYSICALLY DISABLED PERSONS [54 - 55.32] ( Part 2.5 added by Stats. 1968, Ch. 461. )
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Courts and public agencies must provide assistive listening or transcription systems for deaf or hard-of-hearing participants on request, and hearings generally cannot start until the system is working.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.5. BLIND AND OTHER PHYSICALLY DISABLED PERSONS [54 - 55.32] ( Part 2.5 added by Stats. 1968, Ch. 461. ) ## 54.8. (a) In any civil or criminal proceeding, including, but not limited to, traffic, small claims court, family court proceedings and services, and juvenile court proceedings, in any court-ordered or court-provided alternative dispute resolution, including mediation and arbitration, or in any administrative hearing of a public agency, where a party, witness, attorney, judicial employee, judge, juror, or other participant who is deaf or hard of hearing, the individual who is deaf or hard of hearing, upon his or her request, shall be provided with a functioning assistive listening system or a computer-aided transcription system. Any individual requiring this equipment shall give advance notice of his or her need to the appropriate court or agency at the time the hearing is set or not later than five days before the hearing. (b) Assistive listening systems include, but are not limited to, special devices which transmit amplified speech by means of audio-induction loops, radio frequency systems (AM or FM), or infrared transmission. Personal receivers, headphones, and neck loops shall be available upon request by individuals who are deaf or hard of hearing. (c) If a computer-aided transcription system is requested, sufficient display terminals shall be provided to allow the individual who is deaf or hard of hearing to read the real-time transcript of the proceeding without difficulty. (d) A sign shall be posted in a prominent place indicating the availability of, and how to request, an assistive listening system and a computer-aided transcription system. Notice of the availability of the systems shall be posted with notice of trials. (e) Each superior court shall have at least one portable assistive listening system for use in any court facility within the county. When not in use, the system shall be stored in a location determined by the court. (f) The Judicial Council shall develop and approve official forms for notice of the availability of assistive listening systems and computer-aided transcription systems for individuals who are deaf or hard of hearing. The Judicial Council shall also develop and maintain a system to record utilization by the courts of these assistive listening systems and computer-aided transcription systems. (g) If the individual who is deaf or hard of hearing is a juror, the jury deliberation room shall be equipped with an assistive listening system or a computer-aided transcription system upon the request of the juror. (h) A court reporter may be present in the jury deliberating room during a jury deliberation if the services of a court reporter for the purpose of operating a computer-aided transcription system are required for a juror who is deaf or hard of hearing. (i) In any of the proceedings referred to in subdivision (a), or in any administrative hearing of a public agency, in which the individual who is deaf or hard of hearing is a party, witness, attorney, judicial employee, judge, juror, or other participant, and has requested use of an assistive listening system or computer-aided transcription system, the proceedings shall not commence until the system is in place and functioning. (j) As used in this section, “individual who is deaf or hard of hearing” means an individual with a hearing loss, who, with sufficient amplification or a computer-aided transcription system, is able to fully participate in the proceeding. (k) In no case shall this section be construed to prescribe a lesser standard of accessibility or usability than that provided by Title II of the Americans with Disabilities Act of 1990 (Public Law 101-336) and federal regulations adopted pursuant to that act. (Amended by Stats. 2018, Ch. 776, Sec. 5. (AB 3250) Effective January 1, 2019.)
54.9.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.5. BLIND AND OTHER PHYSICALLY DISABLED PERSONS [54 - 55.32] ( Part 2.5 added by Stats. 1968, Ch. 461. )
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Manufacturers or distributors of certain touch-screen self-service check-in devices must make available devices that include the required accessibility technology.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.5. BLIND AND OTHER PHYSICALLY DISABLED PERSONS [54 - 55.32] ( Part 2.5 added by Stats. 1968, Ch. 461. ) ## 54.9. (a) On and after January 1, 2009, a manufacturer or distributor of touch-screen devices used for the purpose of self-service check-in at a hotel or at a facility providing passenger transportation services shall offer for availability touch-screen self-service check-in devices that contain the necessary technology. (b) For purposes of this section, “necessary technology” means technology that enables a person with a visual impairment to do the following: (1) Enter any personal information necessary to process a transaction in a manner that ensures the same degree of personal privacy afforded to those without visual impairments. (2) Use the device independently and without the assistance of others in the same manner afforded to those without visual impairments. (c) For purposes of this section, “hotel” means any hotel, motel, bed and breakfast inn, or other similar transient lodging establishment, but it does not include any residential hotel as defined in Section 50519 of the Health and Safety Code. (d) This section shall not be construed to preclude or limit any other existing right or remedy as it pertains to self-service check-in devices and accessibility. (Added by Stats. 2006, Ch. 546, Sec. 2. Effective January 1, 2007.)
5400.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 10. Government Assistance [5400 - 5405] ( Article 10 added by Stats. 2012, Ch. 180, Sec. 2. )
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If existing funds are available, the Department of Consumer Affairs and the Bureau of Real Estate must develop an online education course for the board on directors’ roles, duties, laws, responsibilities, and the nonjudicial foreclosure process.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 10. Government Assistance [5400 - 5405] ( Article 10 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5400. To the extent existing funds are available, the Department of Consumer Affairs and the Bureau of Real Estate shall develop an online education course for the board regarding the role, duties, laws, and responsibilities of directors and prospective directors, and the nonjudicial foreclosure process. (Amended (as to be added by Stats. 2012, Ch. 180) by Stats. 2013, Ch. 352, Sec. 55. (AB 1317) Effective September 26, 2013. Addition and amendment operative January 1, 2014, by Stats. 2012, Ch. 180, Sec. 3, and Stats. 2013, Ch. 352, Sec. 543.)
5405.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 10. Government Assistance [5400 - 5405] ( Article 10 added by Stats. 2012, Ch. 180, Sec. 2. )
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Associations must file specified development and contact information with the Secretary of State, pay a fee capped at $30, and update changes in certain addresses within 60 days.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 10. Government Assistance [5400 - 5405] ( Article 10 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5405. (a) To assist with the identification of common interest developments, each association, whether incorporated or unincorporated, shall submit to the Secretary of State, on a form and for a fee not to exceed thirty dollars ($30) that the Secretary of State shall prescribe, the following information concerning the association and the development that it manages: (1) A statement that the association is formed to manage a common interest development under the Davis-Stirling Common Interest Development Act. (2) The name of the association. (3) The street address of the business or corporate office of the association, if any. (4) The street address of the association’s onsite office, if different from the street address of the business or corporate office, or if there is no onsite office, the street address of the responsible officer or managing agent of the association. (5) The name, address, and either the daytime telephone number or email address of the president of the association, other than the address, telephone number, or email address of the association’s onsite office or managing agent. (6) The name, street address, and daytime telephone number of the association’s managing agent, if any. (7) The county, and, if in an incorporated area, the city in which the development is physically located. If the boundaries of the development are physically located in more than one county, each of the counties in which it is located. (8) If the development is in an unincorporated area, the city closest in proximity to the development. (9) The front street and nearest cross street of the physical location of the development. (10) The type of common interest development managed by the association. (11) The number of separate interests in the development. (b) The association shall submit the information required by this section as follows: (1) By incorporated associations, within 90 days after the filing of its original articles of incorporation, and thereafter at the time the association files its statement of principal business activity with the Secretary of State pursuant to Section 8210 of the Corporations Code. (2) By unincorporated associations, in July 2003, and in that same month biennially thereafter. Upon changing its status to that of a corporation, the association shall comply with the filing deadlines in paragraph (1). (c) The association shall notify the Secretary of State of any change in the street address of the association’s onsite office or of the responsible officer or managing agent of the association in the form and for a fee prescribed by the Secretary of State, within 60 days of the change. (d) The penalty for an incorporated association’s noncompliance with the initial or biennial filing requirements of this section shall be suspension of the association’s rights, privileges, and powers as a corporation and monetary penalties, to the same extent and in the same manner as suspension and monetary penalties imposed pursuant to Section 8810 of the Corporations Code. (e) The statement required by this section may be filed, notwithstanding suspension of the corporate powers, rights, and privileges under this section or under provisions of the Revenue and Taxation Code. Upon the filing of a statement under this section by a corporation that has suffered suspension under this section, the Secretary of State shall certify that fact to the Franchise Tax Board and the corporation may thereupon be relieved from suspension, unless the corporation is held in suspension by the Franchise Tax Board by reason of Section 23301, 23301.5, or 23775 of the Revenue and Taxation Code. (f) The Secretary of State shall make the information submitted pursuant to paragraph (5) of subdivision (a) available only for governmental purposes and only to Members of the Legislature and the Business and Consumer Services Agency, upon written request. All other information submitted pursuant to this section shall be subject to public inspection pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). The information submitted pursuant to this section shall be made available for governmental or public inspection. (g) Whenever any form is filed pursuant to this section, it supersedes any previously filed form. (h) The Secretary of State may destroy or otherwise dispose of any form filed pursuant to this section after it has been superseded by the filing of a new form. (i) The amendments made to this section by the act adding this subdivision shall become operative on July 1, 2026. (Amended by Stats. 2026, Ch. 28, Sec. 14. (SB 170) Effective June 29, 2026. Operative July 1, 2026, by its own provisions.)
5450.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 11. Emergency Powers and Procedures [5450- 5450.] ( Article 11 added by Stats. 2021, Ch. 276, Sec. 2. )
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During certain disasters or emergencies, an association may hold board or member meetings by teleconference, and it must follow specific notice, participation, voting, and email-notice rules.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 6. Association Governance [4800 - 5450] ( Chapter 6 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 11. Emergency Powers and Procedures [5450- 5450.] ( Article 11 added by Stats. 2021, Ch. 276, Sec. 2. ) ## 5450. (a) This section only applies to a common interest development if gathering in person is unsafe or impossible because the common interest development is in an area affected by one or more of the following conditions: (1) A state of disaster or emergency declared by the federal government. (2) A state of emergency proclaimed by the Governor under Section 8625 of the Government Code. (3) A local emergency proclaimed by a local governing body or official under Section 8630 of the Government Code. (b) Notwithstanding any other law or the association’s governing documents, and except as provided in subdivision (d), a board meeting or meeting of the members may be conducted entirely by teleconference, without any physical location being held open for the attendance of any director or member, if all of the following conditions are satisfied: (1) Notice of the first meeting that is conducted under this section for a particular disaster or emergency affecting the association is delivered to members by individual delivery. (2) The notice for each meeting conducted under this section includes, in addition to other required content for meeting notices, all of the following: (A) Clear technical instructions on how to participate by teleconference. (B) The telephone number and electronic mail address of a person who can provide technical assistance with the teleconference process, both before and during the meeting. (C) A reminder that a member may request individual delivery of meeting notices, with instructions on how to do so. (3) Every director and member has the same ability to participate in the meeting that would exist if the meeting were held in person. (4) Any vote of the directors shall be conducted by a roll call vote. (5) Any person who is entitled to participate in the meeting shall be given the option of participating by telephone. (c) If, as a result of the disaster or emergency, mail delivery or retrieval is not possible at any association onsite address and the address on file with the association for that member is the same association onsite address, then the association shall send the notice of the first meeting referenced in paragraph (1) of subdivision (b) to any email address provided to the association by that member, in writing, pursuant to paragraph (2) of subdivision (a) of Section 4040 or subdivision (b) of Section 4041. (d) Subdivision (b) does not apply to a meeting at which ballots are counted and tabulated pursuant to Section 5120, unless both of the following conditions are met: (1) The meeting at which ballots are to be counted and tabulated is conducted by video conference. (2) The camera is placed in a location such that members can witness the inspector of elections counting and tabulating the votes. (e) The remedies available pursuant to Section 4955 shall also be available to address violations of this section. (Added by Stats. 2021, Ch. 276, Sec. 2. (SB 391) Effective September 23, 2021.)
55.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.5. BLIND AND OTHER PHYSICALLY DISABLED PERSONS [54 - 55.32] ( Part 2.5 added by Stats. 1968, Ch. 461. )
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A person who is or may be aggrieved by certain accessibility-related violations may sue to stop the violation, and the prevailing party may recover reasonable attorney’s fees.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.5. BLIND AND OTHER PHYSICALLY DISABLED PERSONS [54 - 55.32] ( Part 2.5 added by Stats. 1968, Ch. 461. ) ## 55. Any person who is aggrieved or potentially aggrieved by a violation of Section 54 or 54.1 of this code, Chapter 7 (commencing with Section 4450) of Division 5 of Title 1 of the Government Code, or Part 5.5 (commencing with Section 19955) of Division 13 of the Health and Safety Code may bring an action to enjoin the violation. The prevailing party in the action shall be entitled to recover reasonable attorney’s fees. (Added by Stats. 1974, Ch. 1443.)
55.1.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.5. BLIND AND OTHER PHYSICALLY DISABLED PERSONS [54 - 55.32] ( Part 2.5 added by Stats. 1968, Ch. 461. )
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Several public officials may sue to stop violations of Section 54 or 54.1.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.5. BLIND AND OTHER PHYSICALLY DISABLED PERSONS [54 - 55.32] ( Part 2.5 added by Stats. 1968, Ch. 461. ) ## 55.1. In addition to any remedies available under the federal Americans with Disabilities Act of 1990, Public Law 101-336 (42 U.S.C. Sec. 12102), or other provisions of law, the district attorney, the city attorney, the Department of Rehabilitation acting through the Attorney General, or the Attorney General may bring an action to enjoin any violation of Section 54 or 54.1. (Amended by Stats. 1994, Ch. 1257, Sec. 9. Effective January 1, 1995.)
55.2.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.5. BLIND AND OTHER PHYSICALLY DISABLED PERSONS [54 - 55.32] ( Part 2.5 added by Stats. 1968, Ch. 461. )
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When certain disability-rights issues are being litigated in specified California appellate courts, each party must serve its brief on the State Solicitor General, and the court cannot file a brief unless proof of service shows that service.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.5. BLIND AND OTHER PHYSICALLY DISABLED PERSONS [54 - 55.32] ( Part 2.5 added by Stats. 1968, Ch. 461. ) ## 55.2. If a violation of Section 54, 54.1, 54.2, or 54.3 is alleged or the application or construction of any of these sections is in issue in any proceeding in the Supreme Court of California, a state court of appeal, or the appellate division of a superior court, each party shall serve a copy of the party’s brief or petition and brief, on the State Solicitor General at the Office of the Attorney General. No brief may be accepted for filing unless the proof of service shows service on the State Solicitor General. Any party failing to comply with this requirement shall be given a reasonable opportunity to cure the failure before the court imposes any sanction and, in that instance, the court shall allow the Attorney General reasonable additional time to file a brief in the matter. (Added by Stats. 2002, Ch. 244, Sec. 2. Effective January 1, 2003.)
55.3.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.5. BLIND AND OTHER PHYSICALLY DISABLED PERSONS [54 - 55.32] ( Part 2.5 added by Stats. 1968, Ch. 461. )
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Attorneys sending a demand letter or complaint about a construction-related accessibility claim must include a written advisory, and the Judicial Council must maintain the required forms.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.5. BLIND AND OTHER PHYSICALLY DISABLED PERSONS [54 - 55.32] ( Part 2.5 added by Stats. 1968, Ch. 461. ) ## 55.3. (a) For purposes of this section, the following apply: (1) “Complaint” means a civil complaint that is filed or is to be filed with a court and is sent to or served upon a defendant on the basis of one or more construction-related accessibility claims, as defined in this section. (2) “Construction-related accessibility claim” means any claim of a violation of any construction-related accessibility standard, as defined by paragraph (6) of subdivision (a) of Section 55.52, with respect to a place of public accommodation. “Construction-related accessibility claim” does not include a claim of interference with housing within the meaning of paragraph (2) of subdivision (b) of Section 54.1, or any claim of interference caused by something other than the construction-related accessibility condition of the property, including, but not limited to, the conduct of any person. (3) “Demand for money” means a prelitigation written document or oral statement that is provided or issued to a building owner or tenant, or the owner’s or tenant’s agent or employee, that does all of the following: (A) Alleges that the site is in violation of one or more construction-related accessibility standards, as defined in paragraph (6) of subdivision (a) of Section 55.52, or alleges one or more construction-related accessibility claims, as defined in paragraph (2). (B) Contains or makes a request or demand for money or an offer or agreement to accept money. (C) Is provided or issued whether or not the attorney intends to file a complaint, or eventually files a complaint, in state or federal court. (4) “Demand letter” means a prelitigation written document that is provided to a building owner or tenant, or the owner’s or tenant’s agent or employee, that alleges the site is in violation of one or more construction-related accessibility standards, as defined in paragraph (6) of subdivision (a) of Section 55.52, or alleges one or more construction-related accessibility claims, as defined in paragraph (2), and is provided whether or not the attorney intends to file a complaint, or eventually files a complaint, in state or federal court. (b) An attorney shall provide the following items with each demand letter or complaint sent to or served upon a defendant or potential defendant alleging a construction-related accessibility claim: (1) A written advisory on the form described in subparagraph (B), or, until that form is available, on a separate page or pages that are clearly distinguishable from the demand letter or complaint. The advisory shall not be required in subsequent communications following the initial demand letter or initial complaint unless a new construction-related accessibility claim is asserted in the subsequent demand letter or amended complaint. (A) The advisory shall state as follows: ## STATE LAW REQUIRES THAT YOU GET THIS IMPORTANT ADVISORY INFORMATION FOR BUILDING OWNERS AND TENANTS This information is available in English, Spanish, Chinese, Vietnamese, and Korean through the Judicial Council of California. Persons with visual impairments can get assistance in viewing this form through the Judicial Council Internet Web site at www.courts.ca.gov. California law requires that you receive this information because the demand letter or court complaint you received with this document claims that your building or property does not comply with one or more existing construction-related accessibility laws or regulations protecting the civil rights of persons with disabilities to access public places. YOU HAVE IMPORTANT LEGAL OBLIGATIONS. Compliance with disability access laws is a serious and significant responsibility that applies to all California building owners and tenants with buildings open for business to the public. You may obtain information about your legal obligations and how to comply with disability access laws through the Division of the State Architect at www.dgs.ca.gov. Information is also available from the California Commission on Disability Access at www.ccda.ca.gov/guide.htm. YOU HAVE IMPORTANT LEGAL RIGHTS. The allegations made in the accompanying demand letter or court complaint do not mean that you are required to pay any money unless and until a court finds you liable. Moreover, RECEIPT OF A DEMAND LETTER OR COURT COMPLAINT AND THIS ADVISORY DOES NOT NECESSARILY MEAN YOU WILL BE FOUND LIABLE FOR ANYTHING. You will have the right if you are later sued to fully present your explanation why you believe you have not in fact violated disability access laws or have corrected the violation or violations giving rise to the claim. You have the right to seek assistance or advice about this demand letter or court complaint from any person of your choice. If you have insurance, you may also wish to contact your insurance provider. Your best interest may be served by seeking legal advice or representation from an attorney, but you may also represent yourself and file the necessary court papers to protect your interests if you are served with a court complaint. If you have hired an attorney to represent you, you should immediately notify your attorney. If a court complaint has been served on you, you will get a separate advisory notice with the complaint advising you of special options and procedures available to you under certain conditions. ADDITIONAL THINGS YOU SHOULD KNOW: ATTORNEY MISCONDUCT. Except for limited circumstances, state law generally requires that a prelitigation demand letter from an attorney MAY NOT MAKE A REQUEST OR DEMAND FOR MONEY OR AN OFFER OR AGREEMENT TO ACCEPT MONEY. Moreover, a demand letter from an attorney MUST INCLUDE THE ATTORNEY’S STATE BAR LICENSE NUMBER. If you believe the attorney who provided you with this notice and prelitigation demand letter is not complying with state law, you may send a copy of the demand letter you received from the attorney to the State Bar of California by facsimile transmission to 1-415-538-2171, or by mail to the State Bar of California, 180 Howard Street, San Francisco, CA, 94105, Attention: Professional Competence. REDUCING YOUR DAMAGES. If you are a small business owner and correct all of the construction-related violations that are the basis of the complaint against you within 30 days of being served with the complaint, you may qualify for reduced damages. You may wish to consult an attorney to obtain legal advice. You may also wish to contact the California Commission on Disability Access for additional information about the rights and obligations of business owners. COMMERCIAL TENANT. If you are a commercial tenant, you may not be responsible for ensuring that some or all portions of the premises you lease for your business, including common areas such as parking lots, are accessible to the public because those areas may be the responsibility of your landlord. You may want to refer to your lease agreement and consult with an attorney or contact your landlord, to determine if your landlord is responsible for maintaining and improving some or all of the areas you lease. (B) On or before July 1, 2016, the Judicial Council shall update the advisory form that may be used by an attorney to comply with the requirements of subparagraph (A). The advisory form shall be in substantially the same format and include all of the text set forth in subparagraph (A). The advisory form shall be available in English, Spanish, Chinese, Vietnamese, and Korean, and shall include a statement that the advisory form is available in additional languages, and the Judicial Council Internet Web site address where the different versions of the advisory form are located. The advisory form shall include Internet Web site information for the Division of the State Architect and the California Commission on Disability Access. (2) A verified answer form developed by the Judicial Council, which allows a defendant to respond to the complaint in the event a complaint is filed. (A) The answer form shall be written in plain language and allow the defendant to state any relevant information affecting the defendant’s liability or damages including, but not limited to, the following: (i) Specific denials of the allegations in the complaint, including whether the plaintiff has demonstrated that he or she was denied full and equal access to the place of public accommodation on a particular occasion pursuant to Section 55.56. (ii) Potential affirmative defenses available to the defendant, including: (I) An assertion that the defendant’s landlord is responsible for ensuring that some or all of the property leased by the defendant, including the areas at issue in the complaint, are accessible to the public. The defendant shall provide facts supporting that assertion, and the name and contact information of the defendant’s landlord. (II) Any other affirmative defense the defendant wishes to assert. (iii) A request to meet in person at the subject premises, if the defendant qualifies for an early evaluation conference pursuant to Section 55.54. (iv) Any other information that the defendant believes is relevant to his or her potential liability or damages, including that the defendant qualifies for reduced damages pursuant to paragraph (1) or (2) of subdivision (f) of Section 55.56, and, if so, any facts supporting that assertion. (B) The answer form shall provide instructions to a defendant who wishes to file the form as an answer to the complaint. The form shall also notify the defendant that he or she may use the completed form as an informal response to a demand letter or for settlement discussion purposes. (C) On or before July 1, 2016, the Judicial Council shall adopt the answer form that may be used by an attorney to comply with the requirements of this paragraph, and shall post the answer form on the Judicial Council Internet Web site. (c) Subdivision (b) applies only to a demand letter or complaint made by an attorney. This section does not affect the right to file a civil complaint under any other law or regulation protecting the physical access rights of persons with disabilities. Additionally, this section does not require a party to provide or send a demand letter to another party before proceeding against that party with a civil complaint. (d) This section does not apply to an action brought by the Attorney General or any district attorney, city attorney, or county counsel. (Amended by Stats. 2015, Ch. 755, Sec. 1. (AB 1521) Effective October 10, 2015.)
55.31.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.5. BLIND AND OTHER PHYSICALLY DISABLED PERSONS [54 - 55.32] ( Part 2.5 added by Stats. 1968, Ch. 461. )
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This section requires certain accessibility demand letters to include specific facts, and forbids them from demanding or discussing money in the prohibited way.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.5. BLIND AND OTHER PHYSICALLY DISABLED PERSONS [54 - 55.32] ( Part 2.5 added by Stats. 1968, Ch. 461. ) ## 55.31. (a) Commencing January 1, 2013, a demand letter alleging a construction-related accessibility claim, as defined in subdivision (a) of Section 55.3, shall state facts sufficient to allow a reasonable person to identify the basis of the violation or violations supporting the claim, including all of the following: (1) A plain language explanation of the specific access barrier or barriers the individual encountered, or by which the individual alleges he or she was deterred, with sufficient information about the location of the barrier to enable a reasonable person to identify the access barrier. (2) The way in which the barrier encountered interfered with the individual’s full and equal use or access, or in which it deterred the individual, on each particular occasion. (3) The date or dates of each particular occasion on which the individual encountered the specific access barrier, or on which he or she was deterred. (b) A demand letter may offer prelitigation settlement negotiations, but shall not include a request or demand for money or an offer or agreement to accept money. (1) With respect to potential monetary damages for an alleged construction-related accessibility claim or claims, a demand letter shall not state any specific potential monetary liability for any asserted claim or claims, and may only state: “The property owner or tenant, or both, may be civilly liable for actual and statutory damages for a violation of a construction-related accessibility requirement.” (2) Notwithstanding any other law, a demand letter meeting the requirements of this section shall be deemed to satisfy the requirements for prelitigation notice of a potential claim when prelitigation notice is required by statute or common law for an award of attorney’s fees. (3) This subdivision and subdivision (a) do not apply to a demand for money, which is governed by subdivision (c). (c) An attorney, or a person acting at the direction of an attorney, shall not issue a demand for money as defined in subdivision (a) of Section 55.3. This subdivision does not apply to a demand letter as defined in subdivision (a) of Section 55.3. (d) (1) A violation of subdivision (b) or (c) constitutes cause for the imposition of discipline of an attorney. Subdivisions (b) and (c) do not prohibit an attorney from presenting a settlement figure or specification of damages in response to a request from the building owner or tenant, or the owner’s or tenant’s authorized agent or employee, following a demand letter provided pursuant to Section 55.3. (2) Any liability for a violation of subdivision (c) is as provided in paragraph (1) of this subdivision. A violation of subdivision (c) does not create a new cause of action. (e) Subdivision (c) does not prohibit any prelitigation settlement discussion of liability for damages and attorney’s fees that occurs after a written or oral agreement is reached between the parties for the repair or correction of the alleged violation or violations of a construction-related accessibility standard. (f) Subdivision (c) shall not apply to a claim involving physical injury and resulting special damages, but a demand for money relating to that claim that is sent shall otherwise comply with the requirements of subdivision (a) and Section 55.32. (g) Nothing in this section shall apply to a demand or statement of alleged damages made in a prelitigation claim presented to a governmental entity as required by state or federal law, including, but not limited to, claims made under Part 3 (commencing with Section 900) of Division 3.6 of the Government Code. (h) If subdivision (c) is not operative or becomes inoperative for any reason, the requirements of subdivision (a) and Section 55.32 shall apply to any written demand for money. (Added by Stats. 2012, Ch. 383, Sec. 4. (SB 1186) Effective September 19, 2012.)
55.32.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.5. BLIND AND OTHER PHYSICALLY DISABLED PERSONS [54 - 55.32] ( Part 2.5 added by Stats. 1968, Ch. 461. )
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Attorneys filing certain accessibility demand letters or complaints must include specific information and report copies and case outcomes to the California Commission on Disability Access within five business days; the State Bar and the Commission also have follow-up duties.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.5. BLIND AND OTHER PHYSICALLY DISABLED PERSONS [54 - 55.32] ( Part 2.5 added by Stats. 1968, Ch. 461. ) ## 55.32. (a) An attorney who provides a demand letter, as defined in subdivision (a) of Section 55.3, shall do all of the following: (1) Include the attorney’s State Bar license number in the demand letter. (2) Within five business days of providing the demand letter, send a copy of the demand letter, and submit information about the demand letter in a standard format specified by the California Commission on Disability Access on the commission’s internet website pursuant to Section 14985.8 of the Government Code, to the commission. (b) An attorney who sends or serves a complaint, as defined in subdivision (a) of Section 55.3, or a complaint alleging that an internet website is not accessible, shall do both of the following: (1) Send a copy of the complaint and submit information about the complaint in a standard format specified by the California Commission on Disability Access on the commission’s internet website pursuant to Section 14985.8 of the Government Code to the commission within five business days of sending or serving the complaint. (2) Notify the California Commission on Disability Access within five business days of judgment, settlement, or dismissal of the claim or claims alleged in the complaint of the following information in a standard format specified by the commission on the commission’s internet website pursuant to Section 14985.8 of the Government Code: (A) The date of the judgment, settlement, or dismissal. (B) Whether or not the construction-related accessibility violations or accessibility violations related to an internet website alleged in the complaint were remedied in whole or in part after the plaintiff filed a complaint or provided a demand letter, as defined by Section 55.3. (C) If the construction-related accessibility violations or accessibility violations related to an internet website alleged in the complaint were not remedied in whole or in part after the plaintiff filed a complaint or provided a demand letter, as defined by Section 55.3, whether or not another favorable result was achieved after the plaintiff filed the complaint or provided the demand letter. (D) Whether or not the defendant submitted an application for an early evaluation conference and stay pursuant to Section 55.54, whether the defendant requested a site inspection of an alleged construction-related accessibility violation, the date of any early evaluation conference, and the date of any site inspection of an alleged construction-related accessibility violation. (c) A violation of paragraph (2) of subdivision (a) or subdivision (b) shall constitute cause for the imposition of discipline of an attorney if a copy of the demand letter, complaint, or notification of a case outcome is not sent to the California Commission on Disability Access in the standard format specified on the commission’s internet website pursuant to Section 14985.8 of the Government Code within five business days. In the event the State Bar receives information indicating that an attorney has failed to send a copy of the demand letter, complaint, or notification of a case outcome to the California Commission on Disability Access in the standard format specified on the commission’s internet website pursuant to Section 14985.8 of the Government Code within five business days, the State Bar shall investigate to determine whether paragraph (2) of subdivision (a) or subdivision (b) has been violated. (d) Notwithstanding subdivisions (a) and (b), an attorney is not required to send to the California Commission on Disability Access a copy of any subsequent demand letter or amended complaint in the same dispute following the initial demand letter or complaint, unless that subsequent demand letter or amended complaint alleges a new construction-related accessibility claim. (e) A demand letter or notification of a case outcome sent to the California Commission on Disability Access shall be for the informational purposes of Section 14985.8 of the Government Code. A demand letter received by the State Bar from the recipient of the demand letter shall be reviewed by the State Bar to determine whether subdivision (b) or (c) of Section 55.31 has been violated. (f) (1) Notwithstanding Section 10231.5 of the Government Code, and annually as part of the Annual Discipline Report, the State Bar shall report to the Legislature and the Chairs of the Senate and Assembly Judiciary Committees, both of the following with respect to demand letters received by the State Bar: (A) The number of investigations opened to date on a suspected violation of subdivision (b) or (c) of Section 55.31. (B) Whether any disciplinary action resulted from the investigation, and the results of that disciplinary action. (2) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. (g) The California Commission on Disability Access shall review and report on the demand letters, complaints, and notifications of case outcomes it receives as provided in Section 14985.8 of the Government Code. (h) The expiration of any ground for discipline of an attorney shall not affect the imposition of discipline for any act prior to the expiration. An act or omission that constituted cause for imposition of discipline of an attorney when committed or omitted prior to January 1, 2019, shall continue to constitute cause for the imposition of discipline of that attorney on and after January 1, 2019. (i) Paragraph (2) of subdivision (a) and subdivision (b) shall not apply to a demand letter or complaint sent or filed by an attorney employed or retained by a qualified legal services project or a qualified support center, as defined in Section 6213 of the Business and Professions Code, when acting within the scope of employment in asserting a construction-related accessibility claim. The Legislature finds and declares that qualified legal services projects and support centers are extensively regulated by the State Bar of California, and that there is no evidence of any abusive use of demand letters or complaints by these organizations. The Legislature further finds that, in light of the evidence of the extraordinarily small number of construction-related accessibility cases brought by regulated legal services programs, and given the resources of those programs, exempting regulated legal services programs from the requirements of this section to report to the California Commission on Disability Access will not affect the purpose of the reporting to, and tabulation by, the commission of all other construction-related accessibility claims. (Amended by Stats. 2024, Ch. 227, Sec. 27. (AB 3279) Effective January 1, 2025.)
55.51.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.52. CONSTRUCTION-RELATED ACCESSIBILITY STANDARDS COMPLIANCE [55.51 - 55.545] ( Part 2.52 added by Stats. 2008, Ch. 549, Sec. 3. )
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This section says Part 2.52 applies to construction-related accessibility claims and may be cited by its Act name.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.52. CONSTRUCTION-RELATED ACCESSIBILITY STANDARDS COMPLIANCE [55.51 - 55.545] ( Part 2.52 added by Stats. 2008, Ch. 549, Sec. 3. ) ## 55.51. This part shall be known, and may be cited, as the Construction-Related Accessibility Standards Compliance Act. Notwithstanding any other provision of law, the provisions of this part shall apply to any construction-related accessibility claim, as defined in this part, including, but not limited to, any claim brought under Section 51, 54, 54.1, or 55. (Added by Stats. 2008, Ch. 549, Sec. 3. Effective January 1, 2009. Became operative on date prescribed by Sec. 12 (subd. (a)) of Ch. 549. Section may become inoperative under conditions prescribed by Stats. 2008, Ch. 549, Sec. 12, subd. (b).)
55.52.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.52. CONSTRUCTION-RELATED ACCESSIBILITY STANDARDS COMPLIANCE [55.51 - 55.545] ( Part 2.52 added by Stats. 2008, Ch. 549, Sec. 3. )
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This section defines key terms used in construction-related accessibility compliance cases.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.52. CONSTRUCTION-RELATED ACCESSIBILITY STANDARDS COMPLIANCE [55.51 - 55.545] ( Part 2.52 added by Stats. 2008, Ch. 549, Sec. 3. ) ## 55.52. (a) For purposes of this part, the following definitions apply: (1) “Construction-related accessibility claim” means any civil claim in a civil action with respect to a place of public accommodation, including, but not limited to, a claim brought under Section 51, 54, 54.1, or 55, based wholly or in part on an alleged violation of any construction-related accessibility standard, as defined in paragraph (6). (2) “Application for stay and early evaluation conference” means an application to be filed with the court that meets the requirements of subdivision (c) of Section 55.54. (3) “Certified access specialist” or “CASp” means any person who has been certified pursuant to Section 4459.5 of the Government Code. (4) “Meets applicable standards” means the site was inspected by a CASp and determined to meet all applicable construction-related accessibility standards pursuant to paragraph (1) of subdivision (a) of Section 55.53. A site that is “CASp inspected” on or before the effective date of the amendments made to this section by Senate Bill 1186 of the 2011–12 Regular Session of the Legislature means that the site “meets applicable standards.” (5) “Inspected by a CASp” means the site was inspected by a CASp and is pending a determination by the CASp that the site meets applicable construction-related accessibility standards pursuant to paragraph (2) of subdivision (a) of Section 55.53. A site that is “CASp determination pending” on or before the effective date of the amendments made to this section by Senate Bill 1186 of the 2011–12 Regular Session of the Legislature means that the site was “inspected by a CASp.” (6) “Construction-related accessibility standard” means a provision, standard, or regulation under state or federal law requiring compliance with standards for making new construction and existing facilities accessible to persons with disabilities, including, but not limited to, any provision, standard, or regulation set forth in Section 51, 54, 54.1, or 55 of this code, Section 19955.5 of the Health and Safety Code, the California Building Standards Code (Title 24 of the California Code of Regulations), the federal Americans with Disabilities Act of 1990 (Public Law 101-336; 42 U.S.C. Sec. 12101 et seq.), and the federal Americans with Disabilities Act Accessibility Guidelines (Appendix A to Part 36 of Title 28 of the Code of Federal Regulations). (7) “Place of public accommodation” has the same meaning as “public accommodation,” as set forth in Section 12181(7) of Title 42 of the United States Code and the federal regulations adopted pursuant to that section. (8) “Qualified defendant” means a defendant in an action that includes a construction-related accessibility claim that is asserted against a place of public accommodation that met the requirements of “meets applicable standards” or “inspected by a CASp” prior to the date the defendant was served with the summons and complaint in that action. To be a qualified defendant, the defendant is not required to have been the party who hired any CASp, so long as the basis of the alleged liability of the defendant is a construction-related accessibility claim. To determine whether a defendant is a qualified defendant, the court need not make a finding that the place of public accommodation complies with all applicable construction-related accessibility standards as a matter of law. The court need only determine that the place of public accommodation has a status of “meets applicable standards” or “inspected by a CASp.” (9) “Site” means a place of public accommodation. (b) Unless otherwise indicated, terms used in this part relating to civil procedure have the same meanings that those terms have in the Code of Civil Procedure. (Amended by Stats. 2012, Ch. 383, Sec. 7. (SB 1186) Effective September 19, 2012. Section may become inoperative under conditions prescribed by Stats. 2008, Ch. 549, Sec. 12, subd. (b).)
55.53.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.52. CONSTRUCTION-RELATED ACCESSIBILITY STANDARDS COMPLIANCE [55.51 - 55.545] ( Part 2.52 added by Stats. 2008, Ch. 549, Sec. 3. )
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This section requires certified access specialists to give specific inspection reports, notices, and certificates after site inspections, and it requires local agencies to employ certified access specialist inspectors in specified ways.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.52. CONSTRUCTION-RELATED ACCESSIBILITY STANDARDS COMPLIANCE [55.51 - 55.545] ( Part 2.52 added by Stats. 2008, Ch. 549, Sec. 3. ) ## 55.53. (a) For purposes of this part, a certified access specialist shall, upon completion of the inspection of a site, comply with the following: (1) For a meets applicable standards site, if the CASp determines the site meets all applicable construction-related accessibility standards, the CASp shall provide a written inspection report to the requesting party that includes both of the following: (A) An identification and description of the inspected structures and areas of the site. (B) A signed and dated statement that includes both of the following: (i) A statement that, in the opinion of the CASp, the inspected structures and areas of the site meet construction-related accessibility standards. The statement shall clearly indicate whether the determination of the CASp includes an assessment of readily achievable barrier removal. (ii) If corrections were made as a result of the CASp inspection, an itemized list of all corrections and dates of completion. (2) For an inspected by a CASp site, if the CASp determines that corrections are needed to the site in order for the site to meet all applicable construction-related accessibility standards, the CASp shall provide a signed and dated written inspection report to the requesting party that includes all of the following: (A) An identification and description of the inspected structures and areas of the site. (B) The date of the inspection. (C) A statement that, in the opinion of the CASp, the inspected structures and areas of the site need correction to meet construction-related accessibility standards. This statement shall clearly indicate whether the determination of the CASp includes an assessment of readily achievable barrier removal. (D) An identification and description of the structures or areas of the site that need correction and the correction needed. (E) A schedule of completion for each of the corrections within a reasonable timeframe. (3) The CASp shall provide, within 30 days of the date of the inspection of a business that qualifies for the provisions of subparagraph (A) of paragraph (3) of subdivision (g) of Section 55.56, a copy of a report prepared pursuant to that subparagraph to the business. (4) The CASp shall file, within 10 days of inspecting a business pursuant to subparagraph (A) of paragraph (3) of subdivision (g) of Section 55.56, a notice with the State Architect for listing on the State Architect’s Internet Web site, as provided by subdivision (d) of Section 4459.7 of the Government Code, indicating that the CASp has inspected the business, the name and address of the business, the date of the filing, the date of the inspection of the business, the name and license number of the CASp, and a description of the structure or area inspected by the CASp. (5) The CASp shall post the notice described in paragraph (4), in a form prescribed by the State Architect, in a conspicuous location within five feet of all public entrances to the building on the date of the inspection and instruct the business to keep it in place until the earlier of either of the following: (A) One hundred twenty days after the date of the inspection. (B) The date when all of the construction-related violations in the structure or area inspected by the CASp are corrected. (b) For purposes of this section, in determining whether the site meets applicable construction-related accessibility standards when there is a conflict or difference between a state and federal provision, standard, or regulation, the state provision, standard, or regulation shall apply unless the federal provision, standard, or regulation is more protective of accessibility rights. (c) Every CASp who conducts an inspection of a place of public accommodation shall, upon completing the inspection of the site, provide the building owner or tenant who requested the inspection with the following notice, which the State Architect shall make available as a form on the State Architect’s Internet Web site: ## NOTICE TO PRIVATE PROPERTY OWNER/TENANT: YOU ARE ADVISED TO KEEP IN YOUR RECORDS ANY WRITTEN INSPECTION REPORT AND ANY OTHER DOCUMENTATION CONCERNING YOUR PROPERTY SITE THAT IS GIVEN TO YOU BY A CERTIFIED ACCESS SPECIALIST. IF YOU BECOME A DEFENDANT IN A LAWSUIT THAT INCLUDES A CLAIM CONCERNING A SITE INSPECTED BY A CERTIFIED ACCESS SPECIALIST, YOU MAY BE ENTITLED TO A COURT STAY (AN ORDER TEMPORARILY STOPPING ANY LAWSUIT) OF THE CLAIM AND AN EARLY EVALUATION CONFERENCE. IN ORDER TO REQUEST THE STAY AND EARLY EVALUATION CONFERENCE, YOU WILL NEED TO VERIFY THAT A CERTIFIED ACCESS SPECIALIST HAS INSPECTED THE SITE THAT IS THE SUBJECT OF THE CLAIM. YOU WILL ALSO BE REQUIRED TO PROVIDE THE COURT AND THE PLAINTIFF WITH THE COPY OF A WRITTEN INSPECTION REPORT BY THE CERTIFIED ACCESS SPECIALIST, AS SET FORTH IN CIVIL CODE SECTION 55.54. THE APPLICATION FORM AND INFORMATION ON HOW TO REQUEST A STAY AND EARLY EVALUATION CONFERENCE MAY BE OBTAINED AT www.courts.ca.gov/selfhelp-start.htm. YOU ARE ENTITLED TO REQUEST, FROM A CERTIFIED ACCESS SPECIALIST WHO HAS CONDUCTED AN INSPECTION OF YOUR PROPERTY, A WRITTEN INSPECTION REPORT AND OTHER DOCUMENTATION AS SET FORTH IN CIVIL CODE SECTION 55.53. YOU ARE ALSO ENTITLED TO REQUEST THE ISSUANCE OF A DISABILITY ACCESS INSPECTION CERTIFICATE, WHICH YOU MAY POST ON YOUR PROPERTY. (d) (1) Commencing July 1, 2010, a local agency shall employ or retain at least one building inspector who is a certified access specialist. The certified access specialist shall provide consultation to the local agency, permit applicants, and members of the public on compliance with state construction-related accessibility standards with respect to inspections of a place of public accommodation that relate to permitting, plan checks, or new construction, including, but not limited to, inspections relating to tenant improvements that may impact access. If a local agency employs or retains two or more certified access specialists to comply with this subdivision, at least one-half of the certified access specialists shall be building inspectors who are certified access specialists. (2) Commencing January 1, 2014, a local agency shall employ or retain a sufficient number of building inspectors who are certified access specialists to conduct permitting and plan check services to review for compliance with state construction-related accessibility standards by a place of public accommodation with respect to new construction, including, but not limited to, projects relating to tenant improvements that may impact access. If a local agency employs or retains two or more certified access specialists to comply with this subdivision, at least one-half of the certified access specialists shall be building inspectors who are certified access specialists. (3) If a permit applicant or member of the public requests consultation from a certified access specialist, the local agency may charge an amount limited to a reasonable hourly rate, an estimate of which shall be provided upon request in advance of the consultation. A local government may additionally charge or increase permitting, plan check, or inspection fees to the extent necessary to offset the costs of complying with this subdivision. Any revenues generated from an hourly or other charge or fee increase under this subdivision shall be used solely to offset the costs incurred to comply with this subdivision. A CASp inspection pursuant to subdivision (a) by a building inspector who is a certified access specialist shall be treated equally for legal and evidentiary purposes as an inspection conducted by a private CASp. Nothing in this subdivision shall preclude permit applicants or any other person with a legal interest in the property from retaining a private CASp at any time. (e) (1) Every CASp who completes an inspection of a place of public accommodation shall, upon a determination that the site meets applicable standards pursuant to paragraph (1) of subdivision (a) or is inspected by a CASp pursuant to paragraph (2) of subdivision (a), provide the building owner or tenant requesting the inspection with a numbered disability access inspection certificate indicating that the site has undergone inspection by a certified access specialist. The disability access inspection certificate shall be dated and signed by the CASp inspector, and shall contain the inspector’s name and license number. Upon issuance of a certificate, the CASp shall record the issuance of the numbered certificate, the name and address of the recipient, and the type of report issued pursuant to subdivision (a) in a record book the CASp shall maintain for that purpose. (2) Beginning March 1, 2009, the State Architect shall make available for purchase by any local building department or CASp sequentially numbered disability access inspection certificates that are printed with a watermark or other feature to deter forgery and that comply with the information requirements specified in subdivision (a). (3) The disability access inspection certificate may be posted on the premises of the place of public accommodation, unless, following the date of inspection, the inspected site has been modified or construction has commenced to modify the inspected site in a way that may impact compliance with construction-related accessibility standards. (f) Nothing in this section or any other law is intended to require a property owner or tenant to hire a CASp. A property owner’s or tenant’s election not to hire a CASp shall not be admissible to prove that person’s lack of intent to comply with the law. (Amended by Stats. 2016, Ch. 13, Sec. 1. (SB 269) Effective May 10, 2016. Subd. (c) may become inoperative under conditions prescribed by Stats. 2008, Ch. 549, Sec. 12, subd. (b).)
55.54.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.52. CONSTRUCTION-RELATED ACCESSIBILITY STANDARDS COMPLIANCE [55.51 - 55.545] ( Part 2.52 added by Stats. 2008, Ch. 549, Sec. 3. )
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This section requires notice and forms to be served in construction-related accessibility cases and lets certain defendants ask for a stay and early evaluation conference.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.52. CONSTRUCTION-RELATED ACCESSIBILITY STANDARDS COMPLIANCE [55.51 - 55.545] ( Part 2.52 added by Stats. 2008, Ch. 549, Sec. 3. ) ## 55.54. (a) (1) An attorney who causes a summons and complaint to be served in an action that includes a construction-related accessibility claim, including, but not limited to, a claim brought under Section 51, 54, 54.1, or 55, shall, at the same time, cause to be served a copy of the application form specified in subdivision (c) and a copy of the following notice, including, until January 1, 2013, the bracketed text, to the defendant on separate papers that shall be served with the summons and complaint: ADVISORY NOTICE TO DEFENDANT YOU MAY BE ENTITLED TO ASK FOR A COURT STAY (AN ORDER TEMPORARILY STOPPING ANY LAWSUIT) AND EARLY EVALUATION CONFERENCE IN THIS LAWSUIT AND MAY BE ASSESSED REDUCED STATUTORY DAMAGES IF YOU MEET CERTAIN CONDITIONS. If the construction-related accessibility claim pertains to a site that has a Certified Access Specialist (CASp) inspection report for that site, or to a site where new construction or improvement was approved after January 1, 2008, by the local building permit and inspection process, you may make an immediate request for a court stay and early evaluation conference in the construction-related accessibility claim by filing the attached application form with the court. You may be entitled to the court stay and early evaluation conference regarding the accessibility claim only if ALL of the statements in the application form applicable to you are true. FURTHER, if you are a defendant described above (with a CASp inspection report or with new construction after January 1, 2008), and, to the best of your knowledge, there have been no modifications or alterations completed or commenced since the CASp report or building department approval of the new construction or improvement that impacted compliance with construction-related accessibility standards with respect to the plaintiff’s claim, your liability for minimum statutory damages may be reduced to $1,000 for each offense, unless the violation was intentional, and if all construction-related accessibility violations giving rise to the claim are corrected within 60 days of being served with this complaint. ALSO, if your business has been served with a complaint filed by a high-frequency litigant, as defined in subdivision (b) of Section 425.55 of the Code of Civil Procedure, asserting a construction-related accessibility claim, including, but not limited to, a claim brought under Section 51, 54, 54.1, or 55 of the Civil Code, you may also be entitled to a court stay and an early evaluation conference. If you choose to request a stay and early evaluation conference, you may also request to meet in person with the plaintiff and counsel for both parties, as well as experts if the parties so elect, at the subject premises no later than 30 days after issuance of the court order to jointly inspect the portions of the subject premises and review any conditions that are claimed to constitute a violation of a construction-related accessibility standard. IN ADDITION, if your business is a small business that, over the previous three years, or the existence of the business if less than three years, employs 25 or fewer employees on average over that time period and meets specified gross receipts criteria, you may also be entitled to the court stay and early evaluation conference and your minimum statutory damages for each claim may be reduced to $2,000 for each offense, unless the violation was intentional, and if all the alleged construction-related accessibility violations are corrected within 30 days of being served with the complaint. If you plan to correct the violations giving rise to the claim, you should take pictures and measurements or similar action to document the condition of the physical barrier asserted to be the basis for a violation before undertaking any corrective action in case a court needs to see the condition of a barrier before it was corrected. The court will schedule the conference to be held within 70 days after you file the attached application form. [If you are not a defendant with a CASp inspection report, until a form is adopted by the Judicial Council, you may use the attached form if you modify the form and supplement it with your declaration stating any one of the following: (1) Until January 1, 2018, that the site’s new construction or improvement on or after January 1, 2008, and before January 1, 2016, was approved pursuant to the local building permit and inspection process; that, to the best of your knowledge, there have been no modifications or alterations completed or commenced since the building department approval that impacted compliance with construction-related accessibility standards with respect to the plaintiff’s claim; and that all violations giving rise to the claim have been corrected, or will be corrected within 60 days of the complaint being served. (2) That the site’s new construction or improvement passed inspection by a local building department inspector who is a certified access specialist; that, to the best of your knowledge, there have been no modifications or alterations completed or commenced since that inspection approval that impacted compliance with construction-related accessibility standards with respect to the plaintiff’s claim; and that all violations giving rise to the claim have been corrected, or will be corrected within 60 days of the complaint being served. (3) That your business is a small business with 25 or fewer employees and meets the gross receipts criteria set out in Section 55.56 of the Civil Code, and that all violations giving rise to the claim have been corrected, or will be corrected within 30 days of being served with the complaint.] The court will also issue an immediate stay of the proceedings unless the plaintiff has obtained a temporary restraining order in the construction-related accessibility claim. You may obtain a copy of the application form, filing instructions, and additional information about the stay and early evaluation conference through the Judicial Council Internet Web site at www.courts.ca.gov/selfhelp-start.htm. You may file the application after you are served with a summons and complaint, but no later than your first court pleading or appearance in this case, which is due within 30 days after you receive the summons and complaint. If you do not file the application, you will still need to file your reply to the lawsuit within 30 days after you receive the summons and complaint to contest it. You may obtain more information about how to represent yourself and how to file a reply without hiring an attorney at www.courts.ca.gov/selfhelp-start.htm. You may file the application without the assistance of an attorney, but it may be in your best interest to immediately seek the assistance of an attorney experienced in disability access laws when you receive a summons and complaint. You may make an offer to settle the case, and it may be in your interest to put that offer in writing so that it may be considered under Section 55.55 of the Civil Code. (2) An attorney who files a Notice of Substitution of Counsel to appear as counsel for a plaintiff who, acting in propria persona, had previously filed a complaint in an action that includes a construction-related accessibility claim, including, but not limited to, a claim brought under Section 51, 54, 54.1, or 55, shall, at the same time, cause to be served a copy of the application form specified in subdivision (c) and a copy of the notice specified in paragraph (1) upon the defendant on separate pages that shall be attached to the Notice of Substitution of Counsel. (b) (1) Notwithstanding any other law, upon being served with a summons and complaint asserting a construction-related accessibility claim, including, but not limited to, a claim brought under Section 51, 54, 54.1, or 55, a qualified defendant, or other defendant as defined in paragraph (2), may file a request for a court stay and early evaluation conference in the proceedings of that claim prior to or simultaneous with that defendant’s responsive pleading or other initial appearance in the action that includes the claim. If that defendant filed a timely request for stay and early evaluation conference before a responsive pleading was due, the period for filing a responsive pleading shall be tolled until the stay is lifted. Any responsive pleading filed simultaneously with a request for stay and early evaluation conference may be amended without prejudice, and the period for filing that amendment shall be tolled until the stay is lifted. (2) This subdivision shall also apply to a defendant if any of the following apply: (A) Until January 1, 2018, the site’s new construction or improvement on or after January 1, 2008, and before January 1, 2016, was approved pursuant to the local building permit and inspection process, and the defendant declares with the application that, to the best of the defendant’s knowledge, there have been no modifications or alterations completed or commenced since that approval that impacted compliance with construction-related accessibility standards with respect to the plaintiff’s claim, and that all violations have been corrected, or will be corrected within 60 days of being served with the complaint. (B) The site’s new construction or improvement was approved by a local public building department inspector who is a certified access specialist, and the defendant declares with the application that, to the best of the defendant’s knowledge, there have been no modifications or alterations completed or commenced since that approval that impacted compliance with construction-related accessibility standards with respect to the plaintiff’s claim, and that all violations have been corrected, or will be corrected within 60 days of being served with the complaint. (C) The defendant is a small business described in subdivision (f) of Section 55.56, and the defendant declares with the application that all violations have been corrected, or will be corrected within 30 days of being served with the complaint. (D) The defendant is a business that has been served with a complaint filed by a high-frequency litigant, as defined in subdivision (b) of Section 425.55 of the Code of Civil Procedure, asserting a construction-related accessibility claim, including, but not limited to, a claim brought under Section 51, 54, 54.1, or 55. (3) Notwithstanding any other law, if the plaintiff had acted in propria persona in filing a complaint that includes a construction-related accessibility claim, including, but not limited to, a claim brought under Section 51, 54, 54.1, or 55, a qualified defendant, or a defendant described by paragraph (2), who is served with a Notice of Substitution of Counsel shall have 30 days to file an application for a stay and an early evaluation conference. The application may be filed prior to or after the defendant’s filing of a responsive pleading or other initial appearance in the action that includes the claim, except that an application may not be filed in a claim in which an early evaluation conference or settlement conference has already been held on the claim. (c) (1) An application for an early evaluation conference and stay by a qualified defendant shall include a signed declaration that states both of the following: (A) The site identified in the complaint has been CASp-inspected or meets applicable standards, or is CASp determination pending or has been inspected by a CASp, and if the site is CASp-inspected or meets applicable standards, there have been no modifications completed or commenced since the date of inspection that may impact compliance with construction-related accessibility standards to the best of the defendant’s knowledge. (B) An inspection report pertaining to the site has been issued by a CASp. The inspection report shall be provided to the court and the plaintiff at least 15 days prior to the court date set for the early evaluation conference. (2) An application for an early evaluation conference and stay by a defendant described by subparagraph (A) of paragraph (2) of subdivision (b), which may be filed until January 1, 2018, shall include a signed declaration that states all of the following: (A) The site’s new construction or improvement was approved pursuant to the local building permit and inspection process on or after January 1, 2008, and before January 1, 2016. (B) To the best of the defendant’s knowledge there have been no modifications or alterations completed or commenced since that approval that impacted compliance with construction-related accessibility standards with respect to the plaintiff’s claim. (C) All construction-related violations giving rise to the claim have been corrected, or will be corrected within 60 days of the complaint being served upon the defendant. (3) An application for an early evaluation conference and stay by a defendant described in subparagraph (B) of paragraph (2) of subdivision (b) shall include a signed declaration that states all of the following: (A) The site’s new construction or improvement was approved by a local building department inspector who is a certified access specialist. (B) To the best of the defendant’s knowledge there have been no modifications or alterations completed or commenced since that approval that impacted compliance with construction-related accessibility standards with respect to the plaintiff’s claim. (C) All construction related violations giving rise to the claim have been corrected, or will be corrected within 60 days of the complaint being served upon the defendant. (4) An application for an early evaluation conference and stay by a defendant described by subparagraph (C) of paragraph (2) of subdivision (b) shall include the materials listed in paragraphs (5) and (6) of this subdivision, and shall include a signed declaration that states both of the following: (A) The defendant is a small business that employs 25 or fewer employees and meets the gross receipts eligibility criteria provided in paragraph (2) of subdivision (f) of Section 55.56. (B) All construction-related violations giving rise to the claim have been corrected, or will be corrected within 30 days of the complaint being served upon the defendant. (5) An application for an early evaluation conference and stay by a small business defendant under paragraph (4) shall include evidence showing correction of all violations within 30 days of the service of the complaint and served upon the plaintiff with the reply unless the application is filed prior to completion of the corrections. In that event, the evidence shall be provided to the court and served upon the plaintiff within 10 days of the court order as provided in paragraph (4) of subdivision (d). This paragraph shall not be construed to extend the permissible time under subdivision (f) of Section 55.56 to make the corrections. (6) An application for an early evaluation conference and stay by a small business defendant under paragraph (4) shall also include both of the following, which shall be confidential documents filed only with the court and not served upon or available to the plaintiff: (A) Proof of the defendant’s number of employees, as shown by wage report forms filed with the Employment Development Department. (B) Proof of the defendant’s average gross receipts for the previous three years, or for the existence of the business if less than three years, as shown by a federal or state tax document. (7) An application for an early evaluation conference and stay by a defendant described by subparagraph (D) of paragraph (2) of subdivision (b) shall include a signed declaration that the defendant was served with a complaint filed by a high-frequency litigant, as defined in subdivision (b) of Section 425.55 of the Code of Civil Procedure, asserting a construction-related accessibility claim, including, but not limited to, a claim brought under Section 51, 54, 54.1, or 55. (8) The following provisional request and notice forms may be used and filed by a qualified defendant until forms are adopted by the Judicial Council for those purposes pursuant to subdivision (l): * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * NOTICE OF INCOMPLETE TEXT: Forms relating to Stay of Proceedings and Early Evaluation Conference appear in the published chaptered bill. See Sec. 4, Chapter 755 (pp. 23–25), Statutes of 2015. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * (9) The provisional forms and any replacement Judicial Council forms shall include the defendant’s declaration of proof of service of the application, the notice of the court’s order, and the court’s order pursuant to subdivision (d). (d) Upon the filing of an application for stay and early evaluation conference by a qualified defendant, or a defendant described by paragraph (2) of subdivision (b), the court shall immediately issue an order that does all of the following: (1) Grants a 90-day stay of the proceedings with respect to the construction-related accessibility claim, unless the plaintiff has obtained temporary injunctive relief that is still in place for the construction-related accessibility claim. (2) Schedules a mandatory early evaluation conference for a date as soon as possible from the date of the order, but in no event later than 70 days after issuance of the order, and in no event earlier than 50 days after the filing of the request. (3) Directs the parties, and any other person whose authority is required to negotiate and enter into settlement, to appear in person at the time set for the conference. Appearance by counsel shall not satisfy the requirement that the parties or those with negotiation and settlement authority personally appear, provided, however, that the court may allow a party who is unable to attend in person due to his or her disability to participate in the hearing by telephone or other alternative means or through a representative authorized to settle the case. (4) (A) Directs the qualified defendant to file with the court and serve on the plaintiff a copy of any relevant CASp inspection report at least 15 days before the date of the conference. The CASp inspection report is confidential and is available only as set forth in paragraph (5) of this subdivision and in paragraph (4) of subdivision (e). (B) Directs a defendant described by subparagraph (A) or (B) of paragraph (2) of subdivision (b) who has filed a declaration stating that the violation or violations have been corrected, or will be corrected within 60 days of service of the complaint to file with the court and serve on the plaintiff evidence showing correction of the violation or violations within 10 calendar days after the completion of the corrections. (C) Directs a defendant described by subparagraph (C) of paragraph (2) of subdivision (b) who has filed a declaration stating that the violation or violations have been corrected, or will be corrected within 30 days of service of the complaint to file with the court and serve on the plaintiff within 10 days after issuance of the court order evidence of correction of the violation or violations, if that evidence showing correction was not filed previously with the application and served on the plaintiff. (5) Directs the parties that the CASp inspection report may be disclosed only to the court, the parties to the action, the parties’ attorneys, those individuals employed or retained by the attorneys to assist in the litigation, and insurance representatives or others involved in the evaluation and settlement of the case. (6) If the defendant so requests, directs the parties that no later than 30 days after issuance of the court order the parties and their counsel, accompanied by their experts if the parties so elect, shall meet in person at the subject premises. They shall jointly inspect the portions of the subject premises, and shall review any programmatic or policy issues, that are claimed to constitute a violation of a construction-related accessibility standard. The court may allow a plaintiff who is unable to meet in person at the subject premises to be excused from participating in a site visit or to participate by telephone or other alternative means for good cause. A plaintiff or plaintiff’s counsel is not required, but may agree, to attend more than one in-person site meeting. A site inspection pursuant to this paragraph shall not affect the right of the parties to conduct otherwise appropriate discovery. (7) Directs the plaintiff to file with the court and serve on the defendant at least 15 days before the date of the conference a statement that includes, to the extent reasonably known, for use solely for the purpose of the early evaluation conference, all of the following: (A) An itemized list of specific conditions on the subject premises that are the basis of the claimed violations of construction-related accessibility standards in the plaintiff’s complaint. (B) The amount of damages claimed. (C) The amount of attorney’s fees and costs incurred to date, if any, that are being claimed. (D) Any demand for settlement of the case in its entirety. (e) (1) A party failing to comply with any court order may be subject to court sanction at the court’s discretion. (2) (A) The court shall lift the stay when the defendant has failed to file and serve the CASp inspection report prior to the early evaluation conference and has failed also to produce the report at the time of the early evaluation conference, unless the defendant shows good cause for that failure. (B) The court shall lift the stay when a defendant described by paragraph (2) of subdivision (b) has failed to file and serve the evidence showing correction of the violation or violations as required by law. (3) The court may lift the stay at the conclusion of the early evaluation conference upon a showing of good cause by the plaintiff. Good cause may include the defendant’s failure to make reasonably timely progress toward completion of corrections noted by a CASp. (4) The CASp inspection report filed and served pursuant to subdivision (d) shall remain confidential throughout the stay and shall continue to be confidential until the conclusion of the claim, whether by dismissal, settlement, or final judgment, unless there is a showing of good cause by any party. Good cause may include the defendant’s failure to make reasonably timely progress toward completion of corrections noted by a CASp. The confidentiality of the inspection report shall terminate upon the conclusion of the claim, unless the owner of the report obtains a court order pursuant to the California Rules of Court to seal the record. (f) All discussions at the early evaluation conference shall be subject to Section 1152 of the Evidence Code. It is the intent of the Legislature that the purpose of the evaluation conference shall include, but not be limited to, evaluation of all of the following, as applicable: (1) Whether the defendant is entitled to the 90-day stay for some or all of the identified issues in the case, as a qualified defendant. (2) The current condition of the site and the status of any plan of corrections, including whether the qualified defendant has corrected or is willing to correct the alleged violations, and the timeline for doing so. (3) Whether subdivision (f) of Section 55.56 may be applicable to the case, and whether all violations giving rise to the claim have been corrected within the specified time periods. (4) Whether the case, including any claim for damages or injunctive relief, can be settled in whole or in part. (5) Whether the parties should share other information that may facilitate early evaluation and resolution of the dispute. (g) Nothing in this section precludes any party from making an offer to compromise pursuant to Section 998 of the Code of Civil Procedure. (h) For a claim involving a qualified defendant, as provided in paragraph (1) of subdivision (b), the court may schedule additional conferences and may extend the 90-day stay for good cause shown, but not to exceed one additional 90-day extension. (i) Early evaluation conferences shall be conducted by a superior court judge or commissioner, or a court early evaluation conference officer. A commissioner shall not be qualified to conduct early evaluation conferences pursuant to this subdivision unless he or she has received training regarding disability access requirements imposed by the federal Americans with Disabilities Act of 1990 (Public Law 101-336; 42 U.S.C. Sec. 12101 et seq.), state laws that govern access to public facilities, and federal and state regulations adopted pursuant to those laws. For purposes of this subdivision, a “court early evaluation conference officer” means an attorney employed by the court who has received training regarding disability access requirements imposed by the federal Americans with Disabilities Act of 1990, state laws that govern access to public facilities, and federal and state regulations adopted pursuant to those laws. Attorneys serving in this capacity may also be utilized by the court for other purposes not related to these proceedings. (j) Nothing in this part shall be deemed to make any inspection report, opinion, statement, or other finding or conclusion of a CASp binding on the court, or to abrogate in any manner the ultimate authority of the court to make all appropriate findings of fact and law. The CASp inspection report and any opinion, statement, finding, or conclusion therein shall be given the weight the trier of fact finds that it deserves. (k) Nothing in this part shall be construed to invalidate or limit any California construction-related accessibility standard that provides greater or equal protection for the rights of individuals with disabilities than is afforded by the federal Americans with Disabilities Act (Public Law 101-336; 42 U.S.C. Sec. 12101 et seq.) and the federal regulations adopted pursuant to that act. (l) (1) The Judicial Council shall, by January 1, 2013, prepare and post on its Internet Web site instructions and a form for use by a qualified defendant, or other defendant described by paragraph (2) of subdivision (b), to file an application for stay and early evaluation conference as provided in subdivisions (b) and (c), a form for the court’s notice of stay and early evaluation conference, and any other forms appropriate to implement the provisions relating to early evaluation conferences. Until those forms are adopted, the Judicial Council shall post on its Internet Web site the provisional forms set forth in subdivision (c). (2) Until the adoption of the forms as provided in paragraph (1), the provisional application form may be used by a defendant described by paragraph (2) of subdivision (b). (3) In lieu of the provisions specified in number 3 of page 1 of the application form set forth in paragraph (7) of subdivision (c), the application shall include one of the following declarations of the defendant as to the basis for the application, as follows: (A) That all of the following apply to a defendant described by subparagraph (A) of paragraph (2) of subdivision (b): (i) The site’s new construction or improvement was approved pursuant to the local building permit and inspection process on or after January 1, 2008, and before January 1, 2016. (ii) To the best of the defendant’s knowledge there have been no modifications or alterations completed or commenced since that approval that impacted compliance with construction-related accessibility standards with respect to the plaintiff’s claim. (iii) All the violations giving rise to the claim have been corrected, or will be corrected within 60 days of the complaint being served. (B) That all of the following apply to a defendant described by subparagraph (B) of paragraph (2) of subdivision (b): (i) The site’s new construction or improvement was approved by a local public building department inspector who is a certified access specialist. (ii) To the best of the defendant’s knowledge there have been no modifications or alterations completed or commenced since that approval that impacted compliance with construction-related accessibility standards with respect to the plaintiff’s claim. (iii) All the violations giving rise to the claim have been corrected, or will be corrected within 60 days of the complaint being served. (C) That both of the following apply to a defendant described by subparagraph (C) of paragraph (2) of subdivision (b): (i) The defendant is a small business described in paragraph (2) of subdivision (f) of Section 55.56. (ii) The violation or violations giving rise to the claim have been corrected, or will be corrected within 30 days of the complaint being served. (4) In lieu of the provision specified in number 4(c) of page 1 of the application form set forth in paragraph (7) of subdivision (c), the application shall include a request that the court order the defendant to do either of the following: (A) For a defendant who has filed a declaration stating that all violations have been corrected, or will be corrected within 60 days of service of the complaint, file with the court and serve on the plaintiff evidence showing correction of the violation or violations within 10 calendar days of the completion of the corrections. (B) For a defendant who is a small business that has filed a declaration stating that all the violations have been corrected, or will be corrected within 30 days of the service of the complaint, file with the court and serve on the plaintiff evidence showing correction of the violation or violations within 10 calendar days after issuance of the court order, if that evidence showing correction was not filed previously with the application and served on the plaintiff. (5) The Judicial Council shall also prepare and post on its Internet Web site instructions and cover pages to assist plaintiffs and defendants, respectively, to comply with their filing responsibilities under subdivision (d). The cover pages shall also provide for the party’s declaration of proof of service of the pertinent document served under the court order. (m) The stay provisions shall not apply to any construction-related accessibility claim in which the plaintiff has been granted temporary injunctive relief that remains in place. (n) This section shall not apply to any action brought by the Attorney General, or by any district attorney, city attorney, or county counsel. (o) The amendments to this section made by Senate Bill 1186 of the 2011–12 Regular Session of the Legislature shall apply only to claims filed on or after the operative date of that act. Nothing in this part is intended to affect any complaint filed before that date. (p) Nothing in this part is intended to affect existing law regarding class action requirements. (Amended by Stats. 2015, Ch. 755, Sec. 4. (AB 1521) Effective October 10, 2015. Subd. (a) may become inoperative, and other provisions may have limited operation, under conditions prescribed by Stats. 2008, Ch. 549, Sec. 12, subd. (b). Note: See published chaptered bill for complete section text. Forms relating to Stay of Proceedings and Early Evaluation Conference appear on pages 17 to 19 of Ch. 755.)
55.545.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.52. CONSTRUCTION-RELATED ACCESSIBILITY STANDARDS COMPLIANCE [55.51 - 55.545] ( Part 2.52 added by Stats. 2008, Ch. 549, Sec. 3. )
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This section lets defendants or plaintiffs request a mandatory evaluation conference in construction-related accessibility cases and requires the court to schedule and manage that conference.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.52. CONSTRUCTION-RELATED ACCESSIBILITY STANDARDS COMPLIANCE [55.51 - 55.545] ( Part 2.52 added by Stats. 2008, Ch. 549, Sec. 3. ) ## 55.545. (a) A defendant who does not qualify for an early evaluation conference pursuant Section 55.54, or who forgoes the provisions of Section 55.54, may request a mandatory evaluation conference. A plaintiff may, if the defendant does not make the request with the filing of the responsive pleadings, request a mandatory evaluation conference by filing an application within 15 days of the defendant’s filing of responsive pleadings. (b) Upon being served with a summons and complaint asserting a construction-related accessibility claim, including, but not limited to, a claim brought under Section 51, 54, 54.1, or 55, a defendant may file an application for a mandatory evaluation conference in the proceedings of that claim simultaneous with the defendant’s responsive pleading or other initial appearance in the action that includes the claim. Until the application form for the mandatory evaluation conference is developed by the Judicial Council and posted on its Internet Web site pursuant to subdivision (j), a defendant may request the calendaring of the mandatory evaluation conference in a separate application filed with the defendant’s responsive pleadings. (c) Upon the filing of a request or application for a mandatory evaluation conference by a defendant or plaintiff, the court shall schedule a mandatory evaluation conference for a date as soon as possible from the date of the request or application, but in no event later than 180 days after the date of request or application, or earlier than 120 days after the filing of the request or application. Upon mutual stipulation for an extension of the conference date, the mandatory evaluation conference may be extended for up to 30 days. The court’s notice of conference shall also do all of the following: (1) Direct the parties, and any other person whose authority is required to negotiate and enter into settlement, to appear in person at the time set for the conference. Appearance by counsel shall not satisfy the requirement that the parties, or those with negotiation and settlement authority, personally appear. However, the court may allow a party who is unable to attend in person due to his or her disability to participate in the hearing by telephone or other alternative means, or through a representative authorized to settle the case. (2) Direct the plaintiff to file with the court and serve on the defendant, at least 30 days before the date of mandatory evaluation conference, a statement that includes, to the extent reasonably known, for use solely for the purpose of the mandatory evaluation conference, all of the following: (A) An itemized list of specific conditions on the site that are the basis of the claimed violations of construction-related accessibility standards in the plaintiff’s complaint. (B) The amount of damages claimed. (C) The amount of attorney’s fees and costs incurred to date, if any, that are being claimed. (D) Any demand for settlement of the case in its entirety. (3) Direct the defendant to file with the court and serve on the plaintiff, at least 30 days before the date of the mandatory evaluation conference, a statement of the defendant detailing any remedial action or remedial correction plan undertaken, or to be undertaken, by the defendant to correct the alleged violations. (d) A party failing to comply with any court order is subject to court sanction at the court’s discretion. (e) All discussions at the mandatory evaluation conference shall be subject to Section 1152 of the Evidence Code. It is the intent of the Legislature that the purpose of the evaluation conference shall include, but not be limited to, evaluation of all of the following: (1) The current condition of the site and the status of any plan of correction, including whether the defendant has corrected, or is willing to correct, the alleged violations, and the timeline for doing so. (2) Whether the case, including any claim for damages or injunctive relief, can be settled in whole or in part. (3) Whether the parties should share other information that may facilitate evaluation and resolution of the dispute. (f) Nothing in this section precludes any party from making an offer to compromise pursuant to Section 998 of the Code of Civil Procedure. (g) The court may schedule additional conferences. (h) Mandatory evaluation conferences shall be conducted by a superior court judge or commissioner, or by a court early evaluation conference officer as provided in subdivision (i) of Section 55.54. (i) If an inspection report by a certified access specialist is offered by the defendant, the provisions of Section 55.54 relating to the use and confidentiality of that report shall apply. (j) (1) The Judicial Council shall prepare and post on its Internet Web site instructions and a form for a party to use to file an application for a mandatory evaluation conference and a form for the court’s notice of the mandatory evaluation conference. Until those forms are adopted, a party and the court may use an ad hoc form that complies with the requirements of this section. (2) The Judicial Council shall also prepare and post on its Internet Web site instructions and cover pages to assist plaintiffs and defendants, respectively, to comply with their filing responsibilities under subdivision (c). (k) The mandatory evaluation conference may, at the court’s discretion, be scheduled or combined with the case management conference within the time period specified in subdivision (c). (l) This section shall not apply to any action brought by the Attorney General, or by any district attorney, city attorney, or county counsel. (m) This section shall apply only to claims filed on or after January 1, 2013. Nothing in this section is intended to affect any complaint filed before that date. (Added by Stats. 2012, Ch. 383, Sec. 10. (SB 1186) Effective September 19, 2012.)
55.55.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.53. ATTORNEY'S FEES AND STATUTORY DAMAGES IN CONSTRUCTION-RELATED ACCESSIBILITY STANDARDS CLAIMS [55.55 - 55.57] ( Part 2.53 added by Stats. 2008, Ch. 549, Sec. 4. )
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For construction-related accessibility claims, the court may consider rejected written settlement offers when deciding reasonable attorney’s fees and recoverable costs.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.53. ATTORNEY'S FEES AND STATUTORY DAMAGES IN CONSTRUCTION-RELATED ACCESSIBILITY STANDARDS CLAIMS [55.55 - 55.57] ( Part 2.53 added by Stats. 2008, Ch. 549, Sec. 4. ) ## 55.55. Notwithstanding subdivision (f) of Section 55.54, in determining an award of reasonable attorney’s fees and recoverable costs with respect to any construction-related accessibility claim, the court may consider, along with other relevant information, written settlement offers made and rejected by the parties. Nothing in this section affects or modifies the inadmissibility of evidence regarding offers of compromise pursuant to Section 1152 of the Evidence Code, including, but not limited to, inadmissibility to prove injury or damage. (Added by Stats. 2008, Ch. 549, Sec. 4. Effective January 1, 2009. Became operative on date prescribed by Sec. 12 (subd. (a)) of Ch. 549. Section may become inoperative under conditions prescribed by Stats. 2008, Ch. 549, Sec. 12, subd. (c).)
55.56.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.53. ATTORNEY'S FEES AND STATUTORY DAMAGES IN CONSTRUCTION-RELATED ACCESSIBILITY STANDARDS CLAIMS [55.55 - 55.57] ( Part 2.53 added by Stats. 2008, Ch. 549, Sec. 4. )
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Statutory damages in a construction-related accessibility claim are available only if the violation denied full and equal access on a particular occasion, and several reduced-liability or no-liability rules may apply if the defendant corrects violations and meets stated conditions.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.53. ATTORNEY'S FEES AND STATUTORY DAMAGES IN CONSTRUCTION-RELATED ACCESSIBILITY STANDARDS CLAIMS [55.55 - 55.57] ( Part 2.53 added by Stats. 2008, Ch. 549, Sec. 4. ) ## 55.56. (a) Statutory damages under either subdivision (a) of Section 52 or subdivision (a) of Section 54.3 may be recovered in a construction-related accessibility claim against a place of public accommodation only if a violation or violations of one or more construction-related accessibility standards denied the plaintiff full and equal access to the place of public accommodation on a particular occasion. (b) A plaintiff is denied full and equal access only if the plaintiff personally encountered the violation on a particular occasion, or the plaintiff was deterred from accessing a place of public accommodation on a particular occasion. (c) A violation personally encountered by a plaintiff may be sufficient to cause a denial of full and equal access if the plaintiff experienced difficulty, discomfort, or embarrassment because of the violation. (d) A plaintiff demonstrates that he or she was deterred from accessing a place of public accommodation on a particular occasion only if both of the following apply: (1) The plaintiff had actual knowledge of a violation or violations that prevented or reasonably dissuaded the plaintiff from accessing a place of public accommodation that the plaintiff intended to use on a particular occasion. (2) The violation or violations would have actually denied the plaintiff full and equal access if the plaintiff had accessed the place of public accommodation on that particular occasion. (e) (1) The following technical violations are presumed to not cause a person difficulty, discomfort, or embarrassment for the purpose of an award of minimum statutory damages in a construction-related accessibility claim, as set forth in subdivision (c), where the defendant is a small business, as described by subparagraph (B) of paragraph (2) of subdivision (g), the defendant has corrected, within 15 days of the service of a summons and complaint asserting a construction-related accessibility claim or receipt of a written notice, whichever is earlier, all of the technical violations that are the basis of the claim, and the claim is based on one or more of the following violations: (A) Interior signs, other than directional signs or signs that identify the location of accessible elements, facilities, or features, when not all such elements, facilities, or features are accessible. (B) The lack of exterior signs, other than parking signs and directional signs, including signs that indicate the location of accessible pathways or entrance and exit doors when not all pathways, entrance and exit doors are accessible. (C) The order in which parking signs are placed or the exact location or wording of parking signs, provided that the parking signs are clearly visible and indicate the location of accessible parking and van-accessible parking. (D) The color of parking signs, provided that the color of the background contrasts with the color of the information on the sign. (E) The color of parking lot striping, provided that it exists and provides sufficient contrast with the surface upon which it is applied to be reasonably visible. (F) Faded, chipped, damaged, or deteriorated paint in otherwise fully compliant parking spaces and passenger access aisles in parking lots, provided that it indicates the required dimensions of a parking space or access aisle in a manner that is reasonably visible. (G) The presence or condition of detectable warning surfaces on ramps, except where the ramp is part of a pedestrian path of travel that intersects with a vehicular lane or other hazardous area. (2) The presumption set forth in paragraph (1) affects the plaintiff’s burden of proof and is rebuttable by evidence showing, by a preponderance of the evidence, that the plaintiff did, in fact, experience difficulty, discomfort, or embarrassment on the particular occasion as a result of one or more of the technical violations listed in paragraph (1). (3) This subdivision shall apply only to claims filed on or after the effective date of Senate Bill 269 of the 2015–16 Regular Session. (f) Statutory damages may be assessed pursuant to subdivision (a) based on each particular occasion that the plaintiff was denied full and equal access, and not upon the number of violations of construction-related accessibility standards identified at the place of public accommodation where the denial of full and equal access occurred. If the place of public accommodation consists of distinct facilities that offer distinct services, statutory damages may be assessed based on each denial of full and equal access to the distinct facility, and not upon the number of violations of construction-related accessibility standards identified at the place of public accommodation where the denial of full and equal access occurred. (g) (1) Notwithstanding any other law, a defendant’s liability for statutory damages in a construction-related accessibility claim against a place of public accommodation is reduced to a minimum of one thousand dollars ($1,000) for each offense if the defendant demonstrates that it has corrected all construction-related violations that are the basis of a claim within 60 days of being served with the complaint, and the defendant demonstrates any of the following: (A) The structure or area of the alleged violation was determined to be “CASp-inspected” or “meets applicable standards” and, to the best of the defendant’s knowledge, there were no modifications or alterations that impacted compliance with construction-related accessibility standards with respect to the plaintiff’s claim that were completed or commenced between the date of that determination and the particular occasion on which the plaintiff was allegedly denied full and equal access. (B) The structure or area of the alleged violation was the subject of an inspection report indicating “CASp determination pending” or “Inspected by a CASp,” and the defendant has either implemented reasonable measures to correct the alleged violation before the particular occasion on which the plaintiff was allegedly denied full and equal access, or the defendant was in the process of correcting the alleged violation within a reasonable time and manner before the particular occasion on which the plaintiff was allegedly denied full and equal access. (C) For a claim alleging a construction-related accessibility violation filed before January 1, 2018, the structure or area of the alleged violation was a new construction or an improvement that was approved by, and passed inspection by, the local building department permit and inspection process on or after January 1, 2008, and before January 1, 2016, and, to the best of the defendant’s knowledge, there were no modifications or alterations that impacted compliance with respect to the plaintiff’s claim that were completed or commenced between the completion date of the new construction or improvement and the particular occasion on which the plaintiff was allegedly denied full and equal access. (D) The structure or area of the alleged violation was new construction or an improvement that was approved by, and passed inspection by, a local building department official who is a certified access specialist, and, to the best of the defendant’s knowledge, there were no modifications or alterations that affected compliance with respect to the plaintiff’s claim that were completed or commenced between the completion date of the new construction or improvement and the particular occasion on which the plaintiff was allegedly denied full and equal access. (2) Notwithstanding any other law, a defendant’s liability for statutory damages in a construction-related accessibility claim against a place of public accommodation is reduced to a minimum of two thousand dollars ($2,000) for each offense if the defendant demonstrates both of the following: (A) The defendant has corrected all construction-related violations that are the basis of a claim within 30 days of being served with the complaint. (B) The defendant is a small business that has employed 25 or fewer employees on average over the past three years, or for the years it has been in existence if less than three years, as evidenced by wage report forms filed with the Economic Development Department, and has average annual gross receipts of less than three million five hundred thousand dollars ($3,500,000) over the previous three years, or for the years it has been in existence if less than three years, as evidenced by federal or state income tax returns. The average annual gross receipts dollar amount shall be adjusted biannually by the Department of General Services for changes in the California Consumer Price Index for All Urban Consumers, as compiled by the Department of Industrial Relations. The Department of General Services shall post that adjusted amount on its Internet Web site. (3) (A) Notwithstanding any other law, a defendant shall not be liable for minimum statutory damages in a construction-related accessibility claim, with respect to a violation noted in a report by a certified access specialist (CASp), for a period of 120 days following the date of the inspection if the defendant demonstrates compliance with each of the following: (i) The defendant is a business that, as of the date of inspection, has employed 50 or fewer employees on average over the past three years, or for the years it has been in existence if less than three years, as evidenced by wage report forms filed with the Employment Development Department. (ii) The structure or area of the alleged violation was the subject of an inspection report indicating “CASp determination pending” or “Inspected by a CASp.” (iii) The inspection predates the filing of the claim by, or receipt of a demand letter from, the plaintiff regarding the alleged violation of a construction-related accessibility standard, and the defendant was not on notice of the alleged violation prior to the CASp inspection. (iv) The defendant has corrected, within 120 days of the date of the inspection, all construction-related violations in the structure or area inspected by the CASp that are noted in the CASp report that are the basis of the claim. (B) Notwithstanding any other law, a defendant who claims the benefit of the reduction of, or protection from liability for, minimum statutory damages under this subdivision shall disclose the date and findings of any CASp inspection to a plaintiff if relevant to a claim or defense in an action. (4) A defendant may claim the protection from liability for minimum statutory damages under paragraph (3) only once for each structure or area inspected by a CASp, unless the inspected structure or area has undergone modifications or alterations that affect the compliance with construction-related accessibility standards of those structures or areas after the date of the last inspection, and the defendant obtains an additional CASp inspection within 30 days of final approval by the building department or certificate of occupancy, as appropriate, regarding the modification or alterations. (5) If the defendant has failed to correct, within 120 days of the date of the inspection, all construction-related violations in the structure or area inspected by the CASp that are noted in the CASp report, the defendant shall not receive any protection from liability for minimum statutory damages pursuant to paragraph (3), unless a building permit is required for the repairs which cannot reasonably be completed by the defendant within 120 days and the defendant is in the process of correcting the violations noted in the CASp report, as evidenced by having, at least, an active building permit necessary for the repairs to correct the violation that was noted, but not corrected, in the CASp report and all of the repairs are completed within 180 days of the date of the inspection. (6) This subdivision shall not be applicable to intentional violations. (7) Nothing in this subdivision affects the awarding of actual damages, or affects the awarding of treble actual damages. (8) This subdivision shall apply only to claims filed on or after the effective date of Chapter 383 of the Statutes of 2012, except for paragraphs (3), (4), and (5), which shall apply only to claims filed on or after the effective date of Senate Bill 269 of the 2015–16 Regular Session. Nothing in this subdivision is intended to affect a complaint filed before those dates, as applicable. (h) This section does not alter the applicable law for the awarding of injunctive or other equitable relief for a violation or violations of one or more construction-related accessibility standards, nor alter any legal obligation of a party to mitigate damages. (i) In assessing liability under subdivision (d), in an action alleging multiple claims for the same construction-related accessibility violation on different particular occasions, the court shall consider the reasonableness of the plaintiff’s conduct in light of the plaintiff’s obligation, if any, to mitigate damages. (j) For purposes of this section, the “structure or area inspected” means one of the following: the interior of the premises, the exterior of the premises, or both the interior and exterior. (Amended by Stats. 2016, Ch. 13, Sec. 2. (SB 269) Effective May 10, 2016. Section may become inoperative under conditions prescribed by Stats. 2008, Ch. 549, Sec. 12, subd. (c).)
55.57.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.53. ATTORNEY'S FEES AND STATUTORY DAMAGES IN CONSTRUCTION-RELATED ACCESSIBILITY STANDARDS CLAIMS [55.55 - 55.57] ( Part 2.53 added by Stats. 2008, Ch. 549, Sec. 4. )
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This part applies only to claims filed on or after January 1, 2009.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.53. ATTORNEY'S FEES AND STATUTORY DAMAGES IN CONSTRUCTION-RELATED ACCESSIBILITY STANDARDS CLAIMS [55.55 - 55.57] ( Part 2.53 added by Stats. 2008, Ch. 549, Sec. 4. ) ## 55.57. (a) This part shall apply only to claims filed on or after January 1, 2009. Nothing in this part is intended to affect litigation filed before that date, and no inference shall be drawn from provisions contained in this part concerning the state of the law as it existed prior to January 1, 2009. (b) Nothing in this part is intended to affect existing law regarding class action requirements. (Added by Stats. 2008, Ch. 549, Sec. 4. Effective January 1, 2009. Became operative on date prescribed by Sec. 12 (subd. (a)) of Ch. 549.)
55.61.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.55. Small Business Gender Discrimination In Services Compliance Act [55.61 - 55.63] ( Part 2.55 added by Stats. 2017, Ch. 156, Sec. 1. )
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This section says the part is called the Small Business Gender Discrimination in Services Compliance Act and may be cited by that name.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.55. Small Business Gender Discrimination In Services Compliance Act [55.61 - 55.63] ( Part 2.55 added by Stats. 2017, Ch. 156, Sec. 1. ) ## 55.61. This part shall be known, and may be cited, as the Small Business Gender Discrimination in Services Compliance Act. (Added by Stats. 2017, Ch. 156, Sec. 1. (AB 1615) Effective January 1, 2018.)
55.62.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.55. Small Business Gender Discrimination In Services Compliance Act [55.61 - 55.63] ( Part 2.55 added by Stats. 2017, Ch. 156, Sec. 1. )
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Attorneys must give specific advisory materials with demand letters or complaints about gender-based pricing claims, and certain businesses must post and provide pricing information and avoid gender-based price differences.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.55. Small Business Gender Discrimination In Services Compliance Act [55.61 - 55.63] ( Part 2.55 added by Stats. 2017, Ch. 156, Sec. 1. ) ## 55.62. (a) For purposes of this part, the following definitions apply: (1) “Gender discrimination in pricing services claim” means any civil claim in a civil action with respect to a business establishment, including, but not limited to, a claim brought under Section 51 or 51.6, based wholly or in part on an alleged price difference charged for services of similar or like kind, against a person because of the person’s gender. (2) “Demand letter” means a prelitigation written document that is provided to a business alleging a gender discrimination in pricing services claim and demanding money, whether or not the attorney intends to file a complaint, or eventually files a complaint, in state court. (b) An attorney shall provide the following items with each demand letter or complaint sent to or served upon a defendant or potential defendant alleging gender discrimination in pricing services, including, but not limited to, claims brought pursuant to Section 51 or 51.6: (1) A copy of the written advisory notice as specified in subdivision (c). Until the Judicial Council adopts this notice, the attorney shall provide a written statement that replicates the advisory notice described in subdivision (c). (2) A copy of the pamphlet or other informational material specified in Section 55.63, after the pamphlet or material is developed by the Department of Consumer Affairs. (c) On or before January 1, 2019, the Judicial Council shall adopt a written advisory notice that shall be used by a plaintiff’s attorney to comply with the requirements of paragraph (1) of subdivision (b). The advisory notice shall be available in English, Spanish, Chinese, Vietnamese, and Korean, and shall include a statement that the advisory notice is available in additional languages, and the Judicial Council Internet Web site address where the different versions of the advisory notice are located. The advisory notice shall state the following: ADVISORY NOTICE TO DEFENDANT STATE LAW REQUIRES THAT YOU GET THIS IMPORTANT ADVISORY INFORMATION FOR BUSINESSES This information is available in English, Spanish, Chinese, Vietnamese, and Korean through the Judicial Council of California. Persons with visual impairments can get assistance in viewing this form through the Judicial Council Internet Web site at www.courts.ca.gov. California law requires that you receive this information because the demand letter or court complaint you received with this document claims that you have discriminated, with respect to the price charged for services of similar or like kind, against a person because of that person’s gender. YOU HAVE IMPORTANT LEGAL OBLIGATIONS. State law requires that businesses charge the same price for the same services, or services of the same or similar kind, regardless of the customer’s gender. In addition, state law requires that certain business establishments clearly and conspicuously disclose to their customers in writing the pricing for each standard service provided. The posting requirement applies to the following businesses: (1) Tailors or businesses providing aftermarket clothing alterations. (2) Barbers or hair salons. (3) Dry cleaners and laundries providing services to individuals. YOU HAVE IMPORTANT LEGAL RIGHTS. The allegations made in the accompanying demand letter or court complaint do not mean that you are required to pay any money unless and until a court finds you liable. Moreover, RECEIPT OF A DEMAND LETTER OR COURT COMPLAINT AND THIS ADVISORY DOES NOT NECESSARILY MEAN YOU WILL BE FOUND LIABLE FOR ANYTHING. You have the right to seek assistance or advice about this demand letter or complaint from any person of your choice. If you have insurance, you may also wish to contact your insurance provider. Your best interest may be served by seeking legal advice or representation from an attorney, but you may also represent yourself and file the necessary court papers to protect your interests if you are served with a court complaint. If you have hired an attorney to represent you, you should immediately notify your attorney. ADDITIONAL THINGS YOU SHOULD KNOW WHEN YOU CAN AND CANNOT CHARGE DIFFERENT PRICES: The Gender Tax Repeal Act of 1995 (California Civil Code Section 51.6) prohibits a business from charging a different price for the same service because of the gender of the person receiving the service. However, you may charge different prices based specifically upon the amount of time, difficulty, or cost of providing the services. POSTING PRICES: The Gender Tax Repeal Act of 1995 also requires that certain businesses clearly disclose to the customer in writing the price of each standard service provided. This pricing disclosure is required for the following businesses: tailors or businesses providing aftermarket clothing alterations; barbers or hair salons; dry cleaners and laundries providing service to individuals. The price list must be posted in a place where customers will likely see it and it must be in no less than 14-point boldface font. A business must also provide a written copy of the prices to the customer if one is requested by the customer. Finally, a business must clearly and conspicuously display a sign, in no less than 24-point font, that reads: “CALIFORNIA LAW PROHIBITS ANY BUSINESS ESTABLISHMENT FROM DISCRIMINATING, WITH RESPECT TO THE PRICE CHARGED FOR SERVICES OF SIMILAR OR LIKE KIND, AGAINST A PERSON BECAUSE OF THE PERSON’S GENDER. A COMPLETE PRICE LIST IS AVAILABLE UPON REQUEST.” RIGHT TO CORRECT A POSTING VIOLATION ONLY: If you receive a written notice claiming that you have failed to properly post any of the above information, you have 30 days to correct the violation. If you fail to correct the violation you will be liable for a civil penalty of $1,000. (Note that the 30-day period to correct applies only to posting violations, not to discriminatory pricing violations.) (d) This section does not apply to an action brought by the Attorney General or any district attorney, city attorney, or county counsel. (Added by Stats. 2017, Ch. 156, Sec. 1. (AB 1615) Effective January 1, 2018.)
55.63.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.55. Small Business Gender Discrimination In Services Compliance Act [55.61 - 55.63] ( Part 2.55 added by Stats. 2017, Ch. 156, Sec. 1. )
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The Department of Consumer Affairs must create and distribute compliance pamphlets and notices for certain businesses, and later provide them in six languages and online.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.55. Small Business Gender Discrimination In Services Compliance Act [55.61 - 55.63] ( Part 2.55 added by Stats. 2017, Ch. 156, Sec. 1. ) ## 55.63. (a) (1) On or before January 1, 2019, the Department of Consumer Affairs shall develop a pamphlet or other informational materials for use by the following business establishments: tailors and businesses providing aftermarket clothing alterations; barbers and hair salons; and dry cleaners and laundries providing services to individuals. The pamphlet shall explain the business’ rights and obligations under Section 51.6 in clear and concise language. Specifically, the pamphlet shall explain that the business is prohibited from charging different prices for services of similar or like kind based on the customer’s gender, unless the price difference is based upon the amount of time, difficulty, or cost of providing the services and that the business shall disclose a price list and sign in the manner prescribed in subdivision (f) of Section 51.6. The pamphlet shall explain that a business has 30 days to correct any violation of the posting requirements in subdivision (f) of Section 51.6 and that a business that fails to correct within 30 days of receiving notice of the violation is liable for a civil penalty of one thousand dollars ($1,000). The department may include any other information that would help the business comply with Section 51.6. The department shall subsequently revise the pamphlet, as necessary. (2) The department shall provide the pamphlet or other informational materials required by paragraph (1) to an affected business establishment at the time that the business establishment applies for or renews a license, at the time of any inspection, or at both times. The department shall post a copy of the pamphlet or other informational materials on its internet website. (3) Commencing October 1, 2020, the department shall provide the pamphlet and other informational materials required by paragraph (1) in English, Spanish, Chinese, Tagalog, Vietnamese, and Korean. (b) By October 1, 2020, the department shall develop a written notice explaining the requirements and obligations specified in Section 51.6. The notice shall be available in English, Spanish, Chinese, Tagalog, Vietnamese, and Korean. The department shall post a copy of the notice in each language on its internet website in a format available for download. The department shall subsequently revise the notice, as necessary. (Amended by Stats. 2019, Ch. 293, Sec. 2. (AB 1607) Effective January 1, 2020.)
55.7.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.57. Gender Neutral Retail Departments [55.7 - 55.8] ( Part 2.57 added by Stats. 2021, Ch. 750, Sec. 1. )
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The Legislature states that displaying similar products closer together in one undivided retail area can make product differences easier for consumers to identify.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.57. Gender Neutral Retail Departments [55.7 - 55.8] ( Part 2.57 added by Stats. 2021, Ch. 750, Sec. 1. ) ## 55.7. The Legislature finds and declares both of the following: (a) Unjustified differences in similar products that are traditionally marketed either for girls or for boys can be more easily identified by the consumer if similar items are displayed closer to one another in one, undivided area of the retail sales floor. (b) Keeping similar items that are traditionally marketed either for girls or for boys separated makes it more difficult for the consumer to compare the products and incorrectly implies that their use by one gender is inappropriate. (Added by Stats. 2021, Ch. 750, Sec. 1. (AB 1084) Effective January 1, 2022.)
55.8.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.57. Gender Neutral Retail Departments [55.7 - 55.8] ( Part 2.57 added by Stats. 2021, Ch. 750, Sec. 1. )
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Some California retail department stores must keep a gender-neutral section for certain childcare items and toys.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.57. Gender Neutral Retail Departments [55.7 - 55.8] ( Part 2.57 added by Stats. 2021, Ch. 750, Sec. 1. ) ## 55.8. (a) A retail department store that offers childcare items or toys for sale shall maintain a gender neutral section or area, to be labeled at the discretion of the retailer, in which a reasonable selection of the items and toys for children that it sells shall be displayed, regardless of whether they have been traditionally marketed for either girls or for boys. (b) This section shall apply only to retail department stores that are physically located in California that have a total of 500 or more employees across all California retail department store locations. This section shall not apply to retail department stores that are physically located outside California. (c) Beginning on January 1, 2024, a retail department store that fails to comply with this section is liable for a civil penalty, not to exceed two hundred fifty dollars ($250) for a first violation or five hundred dollars ($500) for a subsequent violation, which may be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General, or a district attorney or city attorney, in any court of competent jurisdiction. If the Attorney General, district attorney, or city attorney prevails in an action under this subdivision, the court shall award to the Attorney General, district attorney, or city attorney reasonable attorney’s fees and costs. (d) For purposes of this section: (1) “Childcare item” means any product designed or intended by the manufacturer to facilitate sleep, relaxation, or the feeding of children, or to help children with sucking or teething. (2) “Children” means persons 12 years of age or less. (3) “Toy” means a product designed or intended by the manufacturer to be used by children when they play. (Added by Stats. 2021, Ch. 750, Sec. 1. (AB 1084) Effective January 1, 2022.)
5500.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 7. Finances [5500 - 5580] ( Chapter 7 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Accounting [5500 - 5502] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. )
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The board must review specified association accounting records every month, unless the governing documents require stricter standards.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 7. Finances [5500 - 5580] ( Chapter 7 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Accounting [5500 - 5502] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5500. Unless the governing documents impose more stringent standards, the board shall do all of the following: (a) Review, on a monthly basis, a current reconciliation of the association’s operating accounts. (b) Review, on a monthly basis, a current reconciliation of the association’s reserve accounts. (c) Review, on a monthly basis, the current year’s actual operating revenues and expenses compared to the current year’s budget. (d) Review, on a monthly basis, the latest account statements prepared by the financial institutions where the association has its operating and reserve accounts. (e) Review, on a monthly basis, an income and expense statement for the association’s operating and reserve accounts. (f) Review, on a monthly basis, the check register, monthly general ledger, and delinquent assessment receivable reports. (Amended by Stats. 2018, Ch. 396, Sec. 3. (AB 2912) Effective January 1, 2019.)
5501.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 7. Finances [5500 - 5580] ( Chapter 7 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Accounting [5500 - 5502] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. )
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Section 5501 says the Section 5500 review requirement can be satisfied if each board member, or a qualifying subcommittee, reviews the documents and statements outside a board meeting and the review is later ratified at the next board meeting and recorded in the minutes.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 7. Finances [5500 - 5580] ( Chapter 7 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Accounting [5500 - 5502] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5501. The review requirements of Section 5500 may be met when every individual member of the board, or a subcommittee of the board consisting of the treasurer and at least one other board member, reviews the documents and statements described in Section 5500 independent of a board meeting, so long as the review is ratified at the board meeting subsequent to the review and that ratification is reflected in the minutes of that meeting. (Added by Stats. 2018, Ch. 396, Sec. 4. (AB 2912) Effective January 1, 2019.)
5502.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 7. Finances [5500 - 5580] ( Chapter 7 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Accounting [5500 - 5502] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. )
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Transfers from an association’s reserve or operating accounts need prior written board approval unless the transfer is below the stated dollar/percentage thresholds.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 7. Finances [5500 - 5580] ( Chapter 7 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Accounting [5500 - 5502] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5502. (a) Notwithstanding any other law, transfers shall not be authorized from the association’s reserve or operating accounts without prior written approval from the board of the association unless the amount of the transfer is less than the following: (1) The lesser of five thousand dollars ($5,000) or 5 percent of the estimated income in the annual operating budget, for associations with 50 or less separate interests. (2) The lesser of ten thousand dollars ($10,000) or 5 percent of the estimated income in the annual operating budget, for associations with 51 or more separate interests. (b) This section applies in addition to any other applicable requirements of this part. (Amended by Stats. 2021, Ch. 270, Sec. 2. (AB 1101) Effective January 1, 2022.)
5510.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 7. Finances [5500 - 5580] ( Chapter 7 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Use of Reserve Funds [5510 - 5520] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. )
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Withdrawals from an association’s reserve accounts need specified signatures, and the board may use reserve funds only for allowed repair, restoration, replacement, maintenance, or related litigation purposes.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 7. Finances [5500 - 5580] ( Chapter 7 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Use of Reserve Funds [5510 - 5520] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5510. (a) The signatures of at least two persons, who shall be directors, or one officer who is not a director and one who is a director, shall be required for the withdrawal of moneys from the association’s reserve accounts. (b) The board shall not expend funds designated as reserve funds for any purpose other than the repair, restoration, replacement, or maintenance of, or litigation involving the repair, restoration, replacement, or maintenance of, major components that the association is obligated to repair, restore, replace, or maintain and for which the reserve fund was established. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
5515.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 7. Finances [5500 - 5580] ( Chapter 7 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Use of Reserve Funds [5510 - 5520] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. )
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The board may temporarily move reserve fund money to the general operating fund for short-term cash needs or other expenses, but only with required notice and later repayment.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 7. Finances [5500 - 5580] ( Chapter 7 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Use of Reserve Funds [5510 - 5520] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5515. (a) Notwithstanding Section 5510, the board may authorize the temporary transfer of moneys from a reserve fund to the association’s general operating fund to meet short-term cashflow requirements or other expenses, if the board has provided notice of the intent to consider the transfer in a board meeting notice provided pursuant to Section 4920. (b) The notice shall include the reasons the transfer is needed, some of the options for repayment, and whether a special assessment may be considered. (c) If the board authorizes the transfer, the board shall issue a written finding, recorded in the board’s minutes, explaining the reasons that the transfer is needed, and describing when and how the moneys will be repaid to the reserve fund. (d) The transferred funds shall be restored to the reserve fund within one year of the date of the initial transfer, except that the board may, after giving the same notice required for considering a transfer, and, upon making a finding supported by documentation that a temporary delay would be in the best interests of the common interest development, temporarily delay the restoration. (e) The board shall exercise prudent fiscal management in maintaining the integrity of the reserve account, and shall, if necessary, levy a special assessment to recover the full amount of the expended funds within the time limits required by this section. This special assessment is subject to the limitation imposed by Section 5605. The board may, at its discretion, extend the date the payment on the special assessment is due. Any extension shall not prevent the board from pursuing any legal remedy to enforce the collection of an unpaid special assessment. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
5520.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 7. Finances [5500 - 5580] ( Chapter 7 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Use of Reserve Funds [5510 - 5520] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. )
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If reserve funds are used, or temporarily transferred for litigation, the association must give general notice and make the expense accounting available to members.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 7. Finances [5500 - 5580] ( Chapter 7 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Use of Reserve Funds [5510 - 5520] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5520. (a) When the decision is made to use reserve funds or to temporarily transfer moneys from the reserve fund to pay for litigation pursuant to subdivision (b) of Section 5510, the association shall provide general notice pursuant to Section 4045 of that decision, and of the availability of an accounting of those expenses. (b) Unless the governing documents impose more stringent standards, the association shall make an accounting of expenses related to the litigation on at least a quarterly basis. The accounting shall be made available for inspection by members of the association at the association’s office. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
5550.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 7. Finances [5500 - 5580] ( Chapter 7 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 3. Reserve Planning [5550 - 5580] ( Article 3 added by Stats. 2012, Ch. 180, Sec. 2. )
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The board must arrange a qualified visual inspection of reserve-study major components at least every three years, and review the study annually.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 7. Finances [5500 - 5580] ( Chapter 7 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 3. Reserve Planning [5550 - 5580] ( Article 3 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5550. (a) At least once every three years, the board shall cause to be conducted a reasonably competent and diligent visual inspection of the accessible areas of the major components that the association is obligated to repair, replace, restore, or maintain as part of a study of the reserve account requirements of the common interest development, if the current replacement value of the major components is equal to or greater than one-half of the gross budget of the association, excluding the association’s reserve account for that period. The board shall review this study, or cause it to be reviewed, annually and shall consider and implement necessary adjustments to the board’s analysis of the reserve account requirements as a result of that review. (b) The study required by this section shall at a minimum include: (1) Identification of the major components that the association is obligated to repair, replace, restore, or maintain that, as of the date of the study, have a remaining useful life of less than 30 years. (2) Identification of the probable remaining useful life of the components identified in paragraph (1) as of the date of the study. (3) An estimate of the cost of repair, replacement, restoration, or maintenance of the components identified in paragraph (1). (4) An estimate of the total annual contribution necessary to defray the cost to repair, replace, restore, or maintain the components identified in paragraph (1) during and at the end of their useful life, after subtracting total reserve funds as of the date of the study. (5) A reserve funding plan that indicates how the association plans to fund the contribution identified in paragraph (4) to meet the association’s obligation for the repair and replacement of all major components with an expected remaining life of 30 years or less, not including those components that the board has determined will not be replaced or repaired. (c) For purposes of this section, “major components” includes gas, water, and electrical service to the extent that the association is responsible for repair or replacement of those lines pursuant to Section 4775. (Amended by Stats. 2024, Ch. 288, Sec. 2. (SB 900) Effective January 1, 2025.)
5551.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 7. Finances [5500 - 5580] ( Chapter 7 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 3. Reserve Planning [5550 - 5580] ( Article 3 added by Stats. 2012, Ch. 180, Sec. 2. )
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This section requires periodic visual inspections of certain condominium exterior elevated elements, with reports, recordkeeping, and emergency response duties if a safety threat is found.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 7. Finances [5500 - 5580] ( Chapter 7 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 3. Reserve Planning [5550 - 5580] ( Article 3 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5551. (a) For purposes of this section, the following definitions apply: (1) “Associated waterproofing systems” include flashings, membranes, coatings, and sealants that protect the load-bearing components of exterior elevated elements from exposure to water. (2) “Exterior elevated elements” mean the load-bearing components together with their associated waterproofing system. (3) “Load-bearing components” means those components that extend beyond the exterior walls of the building to deliver structural loads to the building from decks, balconies, stairways, walkways, and their railings, that have a walking surface elevated more than six feet above ground level, that are designed for human occupancy or use, and that are supported in whole or in substantial part by wood or wood-based products. (4) “Statistically significant sample” means a sufficient number of units inspected to provide 95 percent confidence that the results from the sample are reflective of the whole, with a margin of error of no greater than plus or minus 5 percent. (5) “Visual inspection” means inspection through the least intrusive method necessary to inspect load-bearing components, including visual observation only or visual observation in conjunction with, for example, the use of moisture meters, borescopes, or infrared technology. (b) (1) At least once every nine years, the board of an association of a condominium project shall cause a reasonably competent and diligent visual inspection to be conducted by a licensed structural or civil engineer or architect of a random and statistically significant sample of exterior elevated elements for which the association has maintenance or repair responsibility. (2) The inspection shall determine whether the exterior elevated elements are in a generally safe condition and performing in accordance with applicable standards. (c) Prior to conducting the first visual inspection, the inspector shall generate a random list of the locations of each type of exterior elevated element. The list shall include all exterior elevated elements for which the association has maintenance or repair responsibility. The list shall be provided to the association for future use. (d) The inspector shall perform the visual inspections in accordance with the random list generated pursuant to subdivision (c). If during the visual inspection the inspector observes building conditions indicating that unintended water or water vapor has passed into the associated waterproofing system, thereby creating the potential for damage to the load-bearing components, then the inspector may conduct a further inspection. The inspector shall exercise their best professional judgment in determining the necessity, scope, and breadth of any further inspection. (e) Based upon the inspector’s visual inspections, further inspection, and construction and materials expertise, the inspector shall issue a written report containing the following: (1) The identification of the building components comprising the load-bearing components and associated waterproofing system. (2) The current physical condition of the load-bearing components and associated waterproofing system, including whether the condition presents an immediate threat to the health and safety of the residents. (3) The expected future performance and remaining useful life of the load-bearing components and associated waterproofing system. (4) Recommendations for any necessary repair or replacement of the load-bearing components and associated waterproofing system. (5) On the first page of the report, all of the following: (A) The date of inspection. (B) The total number of units in the condominium project. (C) The total number of units in the condominium project with exterior elevated elements. (D) The total number of exterior elevated elements in the condominium project. (E) The total number of exterior elevated elements inspected pursuant to subdivision (b). (F) As of the date of inspection in subparagraph (A), the total number of inspected exterior elevated elements identified as posing an immediate threat to the safety of the occupants, pursuant to subdivision (g), and the number of units impacted. (G) A certification that the inspector has conducted a visual inspection and evaluated a statistically significant sample of the exterior elevated elements within the condominium project, as required by subdivision (b). (f) The report issued pursuant to subdivision (e) shall be stamped or signed by the inspector, presented to the board, and incorporated into the study required by Section 5550. (g) (1) If, after inspection of any exterior elevated element, the inspector advises that the exterior elevated element poses an immediate threat to the safety of the occupants, the inspector shall provide a copy of the inspection report to the association immediately upon completion of the report, and to the local code enforcement agency within 15 days of completion of the report. Upon receiving the report, the association shall take preventive measures immediately, including preventing occupant access to the exterior elevated element until repairs have been inspected and approved by the local enforcement agency. (2) Local enforcement agencies shall have the ability to recover enforcement costs associated with the requirements of this section from the association. (h) Each subsequent visual inspection conducted under this section shall commence with the next exterior elevated element identified on the random list and shall proceed in order through the list. (i) The first inspection shall be completed by January 1, 2025, and then every nine years thereafter in coordination with the reserve study inspection pursuant to Section 5550. All written reports shall be maintained for two inspection cycles as records of the association. (j) (1) The association shall be responsible for complying with the requirements of this section. (2) The continued and ongoing maintenance and repair of the load-bearing components and associated waterproofing systems in a safe, functional, and sanitary condition shall be the responsibility of the association as required by the association’s governing documents. (k) The inspection of buildings for which a building permit application has been submitted on or after January 1, 2020, shall occur no later than six years following the issuance of a certificate of occupancy. The inspection shall otherwise comply with the provisions of this section. (l) This section shall only apply to buildings containing three or more attached multifamily dwelling units. (m) The association board may enact rules or bylaws imposing requirements greater than those imposed by this section. (n) A local government or local enforcement agency may enact an ordinance or other rule imposing requirements greater than those imposed by this section. (Amended by Stats. 2025, Ch. 516, Sec. 5. (SB 410) Effective January 1, 2026.)
5560.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 7. Finances [5500 - 5580] ( Chapter 7 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 3. Reserve Planning [5550 - 5580] ( Article 3 added by Stats. 2012, Ch. 180, Sec. 2. )
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The board must adopt the reserve funding plan at an open meeting, and any needed assessment increase must be approved separately under Section 5605.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 7. Finances [5500 - 5580] ( Chapter 7 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 3. Reserve Planning [5550 - 5580] ( Article 3 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5560. (a) The reserve funding plan required by Section 5550 shall include a schedule of the date and amount of any change in regular or special assessments that would be needed to sufficiently fund the reserve funding plan. (b) The plan shall be adopted by the board at an open meeting before the membership of the association as described in Article 2 (commencing with Section 4900) of Chapter 6. (c) If the board determines that an assessment increase is necessary to fund the reserve funding plan, any increase shall be approved in a separate action of the board that is consistent with the procedure described in Section 5605. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
5565.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 7. Finances [5500 - 5580] ( Chapter 7 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 3. Reserve Planning [5550 - 5580] ( Article 3 added by Stats. 2012, Ch. 180, Sec. 2. )
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An association must base its reserve summary on the most recent Section 5550 review or study, use only cash or cash equivalents, print it in boldface, and include specified reserve and funding information.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 7. Finances [5500 - 5580] ( Chapter 7 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 3. Reserve Planning [5550 - 5580] ( Article 3 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5565. The summary of the association’s reserves required by paragraph (2) of subdivision (b) of Section 5300 shall be based on the most recent review or study conducted pursuant to Section 5550, shall be based only on assets held in cash or cash equivalents, shall be printed in boldface type, and shall include all of the following: (a) The current estimated replacement cost, estimated remaining life, and estimated useful life of each major component. (b) As of the end of the fiscal year for which the study is prepared: (1) The current estimate of the amount of cash reserves necessary to repair, replace, restore, or maintain the major components. (2) The current amount of accumulated cash reserves actually set aside to repair, replace, restore, or maintain major components. (3) If applicable, the amount of funds received from either a compensatory damage award or settlement to an association from any person for injuries to property, real or personal, arising out of any construction or design defects, and the expenditure or disposition of funds, including the amounts expended for the direct and indirect costs of repair of construction or design defects. These amounts shall be reported at the end of the fiscal year for which the study is prepared as separate line items under cash reserves pursuant to paragraph (2). Instead of complying with the requirements set forth in this paragraph, an association that is obligated to issue a review of its financial statement pursuant to Section 5305 may include in the review a statement containing all of the information required by this paragraph. (c) The percentage that the amount determined for purposes of paragraph (2) of subdivision (b) equals the amount determined for purposes of paragraph (1) of subdivision (b). (d) The current deficiency in reserve funding expressed on a per unit basis. The figure shall be calculated by subtracting the amount determined for purposes of paragraph (2) of subdivision (b) from the amount determined for purposes of paragraph (1) of subdivision (b) and then dividing the result by the number of separate interests within the association, except that if assessments vary by the size or type of ownership interest, then the association shall calculate the current deficiency in a manner that reflects the variation. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
5570.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 7. Finances [5500 - 5580] ( Chapter 7 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 3. Reserve Planning [5550 - 5580] ( Article 3 added by Stats. 2012, Ch. 180, Sec. 2. )
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This section requires reserve-planning disclosures to be summarized on a specified form and allows that form to be supplemented or modified if the minimum required information stays included.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 7. Finances [5500 - 5580] ( Chapter 7 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 3. Reserve Planning [5550 - 5580] ( Article 3 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5570. (a) The disclosures required by this article with regard to an association or a property shall be summarized on the following form: ## Assessment and Reserve Funding Disclosure Summary For the Fiscal Year Ending _____ (1) The regular assessment per ownership interest is $_____ per ____. Note: If assessments vary by the size or type of ownership interest, the assessment applicable to this ownership interest may be found on page _____ of the attached summary. (2) Additional regular or special assessments that have already been scheduled to be imposed or charged, regardless of the purpose, if they have been approved by the board and/or members: Date assessment will be due: Amount per ownership interest per month or year (If assessments are variable, see note immediately below): Purpose of the assessment: _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ Total: _____ Note: If assessments vary by the size or type of ownership interest, the assessment applicable to this ownership interest may be found on page ____ of the attached report. (3) Based upon the most recent reserve study and other information available to the board of directors, will currently projected reserve account balances be sufficient at the end of each year to meet the association’s obligation for repair and/or replacement of major components during the next 30 years? Yes _____No _____ (4) If the answer to (3) is no, what additional assessments or other contributions to reserves would be necessary to ensure that sufficient reserve funds will be available each year during the next 30 years that have not yet been approved by the board or the members? Approximate date assessment will be due: Amount per ownership interest per month or year: _____ _____ _____ _____ _____ _____ _____ _____ _____ Total: (5) All major components are included in the reserve study and are included in its calculations. (6) Based on the method of calculation in paragraph (4) of subdivision (b) of Section 5570, the estimated amount required in the reserve fund at the end of the current fiscal year is $____, based in whole or in part on the last reserve study or update prepared by ____ as of ____ (month), ____ (year). The projected reserve fund cash balance at the end of the current fiscal year is $____, resulting in reserves being ____ percent funded at this date. If an alternate, but generally accepted, method of calculation is also used, the required reserve amount is $____. (See attached explanation) (7) Based on the method of calculation in paragraph (4) of subdivision (b) of Section 5570 of the Civil Code, the estimated amount required in the reserve fund at the end of each of the next five budget years is $______, and the projected reserve fund cash balance in each of those years, taking into account only assessments already approved and other known revenues, is $______, leaving the reserve at ______ percent funded. If the reserve funding plan approved by the association is implemented, the projected reserve fund cash balance in each of those years will be $______, leaving the reserve at ______ percent funded. Note: The financial representations set forth in this summary are based on the best estimates of the preparer at that time. The estimates are subject to change. At the time this summary was prepared, the assumed long-term before-tax interest rate earned on reserve funds was ____ percent per year, and the assumed long-term inflation rate to be applied to major component repair and replacement costs was ____ percent per year. (b) For the purposes of preparing a summary pursuant to this section: (1) “Estimated remaining useful life” means the time reasonably calculated to remain before a major component will require replacement. (2) “Major component” has the meaning used in Section 5550. Components with an estimated remaining useful life of more than 30 years may be included in a study as a capital asset or disregarded from the reserve calculation, so long as the decision is revealed in the reserve study report and reported in the Assessment and Reserve Funding Disclosure Summary. (3) The form set out in subdivision (a) shall accompany each annual budget report or summary thereof that is delivered pursuant to Section 5300. The form may be supplemented or modified to clarify the information delivered, so long as the minimum information set out in subdivision (a) is provided. (4) For the purpose of the report and summary, the amount of reserves needed to be accumulated for a component at a given time shall be computed as the current cost of replacement or repair multiplied by the number of years the component has been in service divided by the useful life of the component. This shall not be construed to require the board to fund reserves in accordance with this calculation. (Amended by Stats. 2016, Ch. 714, Sec. 8. (SB 944) Effective January 1, 2017.)
5580.
## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 7. Finances [5500 - 5580] ( Chapter 7 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 3. Reserve Planning [5550 - 5580] ( Article 3 added by Stats. 2012, Ch. 180, Sec. 2. )
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Some community service organizations must give the association a detailed report and, in some cases, share maintenance-related information.

## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5. Common Interest Developments [4000 - 6150] ( Part 5 added by Stats. 2012, Ch. 180, Sec. 2. ) ## CHAPTER 7. Finances [5500 - 5580] ( Chapter 7 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 3. Reserve Planning [5550 - 5580] ( Article 3 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5580. (a) Unless the governing documents impose more stringent standards, any community service organization whose funding from the association or its members exceeds 10 percent of the organization’s annual budget shall prepare and distribute to the association a report that meets the requirements of Section 5012 of the Corporations Code, and that describes in detail administrative costs and identifies the payees of those costs in a manner consistent with the provisions of Article 5 (commencing with Section 5200) of Chapter 6. (b) If the community service organization does not comply with the standards, the report shall disclose the noncompliance in detail. If a community service organization is responsible for the maintenance of major components for which an association would otherwise be responsible, the community service organization shall supply to the association the information regarding those components that the association would use to complete disclosures and reserve reports required under this article and Section 5300. An association may rely upon information received from a community service organization, and shall provide access to the information pursuant to the provisions of Article 5 (commencing with Section 5200) of Chapter 6. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
56.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.6. CONFIDENTIALITY OF MEDICAL INFORMATION [56 - 56.37] ( Part 2.6 repealed and added by Stats. 1981, Ch. 782, Sec. 2. ) ## CHAPTER 1. Definitions [56 - 56.07] ( Chapter 1 added by Stats. 1981, Ch. 782, Sec. 2. )
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This part may be cited as the Confidentiality of Medical Information Act.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.6. CONFIDENTIALITY OF MEDICAL INFORMATION [56 - 56.37] ( Part 2.6 repealed and added by Stats. 1981, Ch. 782, Sec. 2. ) ## CHAPTER 1. Definitions [56 - 56.07] ( Chapter 1 added by Stats. 1981, Ch. 782, Sec. 2. ) ## 56. This part may be cited as the Confidentiality of Medical Information Act. (Repealed and added by Stats. 1981, Ch. 782, Sec. 2.)
56.05.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.6. CONFIDENTIALITY OF MEDICAL INFORMATION [56 - 56.37] ( Part 2.6 repealed and added by Stats. 1981, Ch. 782, Sec. 2. ) ## CHAPTER 1. Definitions [56 - 56.07] ( Chapter 1 added by Stats. 1981, Ch. 782, Sec. 2. )
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This section defines key terms used in the medical confidentiality part of the Civil Code.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.6. CONFIDENTIALITY OF MEDICAL INFORMATION [56 - 56.37] ( Part 2.6 repealed and added by Stats. 1981, Ch. 782, Sec. 2. ) ## CHAPTER 1. Definitions [56 - 56.07] ( Chapter 1 added by Stats. 1981, Ch. 782, Sec. 2. ) ## 56.05. For purposes of this part: (a) “Authorization” means permission granted in accordance with Section 56.11 or 56.21 for the disclosure of medical information. (b) “Authorized recipient” means a person who is authorized to receive medical information pursuant to Section 56.10 or 56.20. (c) “Confidential communications request” means a request by a subscriber or enrollee that health care service plan communications containing medical information be communicated to them at a specific mail or email address or specific telephone number, as designated by the subscriber or enrollee. (d) “Contractor” means a person or entity that is a medical group, independent practice association, pharmaceutical benefits manager, or a medical service organization and is not a health care service plan or provider of health care. “Contractor” does not include insurance institutions as defined in subdivision (k) of Section 791.02 of the Insurance Code or pharmaceutical benefits managers licensed pursuant to the Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code). (e) “Enrollee” has the same meaning as that term is defined in Section 1345 of the Health and Safety Code. (f) “Expiration date or event” means a specified date or an occurrence relating to the individual to whom the medical information pertains or the purpose of the use or disclosure, after which the provider of health care, health care service plan, pharmaceutical company, or contractor is no longer authorized to disclose the medical information. (g) “Health care service plan” means an entity regulated pursuant to the Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code). (h) “Licensed health care professional” means a person licensed or certified pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code, the Osteopathic Initiative Act or the Chiropractic Initiative Act, or Division 2.5 (commencing with Section 1797) of the Health and Safety Code. (i) “Marketing” means to make a communication about a product or service that encourages recipients of the communication to purchase or use the product or service. “Marketing” does not include any of the following: (1) Communications made orally or in writing for which the communicator does not receive direct or indirect remuneration, including, but not limited to, gifts, fees, payments, subsidies, or other economic benefits, from a third party for making the communication. (2) Communications made to current enrollees solely for the purpose of describing a provider’s participation in an existing health care provider network or health plan network of a Knox-Keene licensed health plan to which the enrollees already subscribe; communications made to current enrollees solely for the purpose of describing if, and the extent to which, a product or service, or payment for a product or service, is provided by a provider, contractor, or plan or included in a plan of benefits of a Knox-Keene licensed health plan to which the enrollees already subscribe; or communications made to plan enrollees describing the availability of more cost-effective pharmaceuticals. (3) Communications that are tailored to the circumstances of a particular individual to educate or advise the individual about treatment options, and otherwise maintain the individual’s adherence to a prescribed course of medical treatment, as provided in Section 1399.901 of the Health and Safety Code, for a chronic and seriously debilitating or life-threatening condition as defined in subdivisions (d) and (e) of Section 1367.21 of the Health and Safety Code, if the health care provider, contractor, or health plan receives direct or indirect remuneration, including, but not limited to, gifts, fees, payments, subsidies, or other economic benefits, from a third party for making the communication, if all of the following apply: (A) The individual receiving the communication is notified in the communication in typeface no smaller than 14-point type of the fact that the provider, contractor, or health plan has been remunerated and the source of the remuneration. (B) The individual is provided the opportunity to opt out of receiving future remunerated communications. (C) The communication contains instructions in typeface no smaller than 14-point type describing how the individual can opt out of receiving further communications by calling a toll-free number of the health care provider, contractor, or health plan making the remunerated communications. Further communication shall not be made to an individual who has opted out after 30 calendar days from the date the individual makes the opt-out request. (j) (1) “Medical information” means any individually identifiable information, in electronic or physical form, in possession of or derived from a provider of health care, health care service plan, pharmaceutical company, or contractor regarding a patient’s medical history, mental health application information, reproductive or sexual health application information, mental or physical condition, or treatment. “Individually identifiable” means that the medical information includes or contains any element of personal identifying information sufficient to allow identification of the individual, such as the patient’s name, address, electronic mail address, telephone number, or social security number, or other information that, alone or in combination with other publicly available information, reveals the identity of the individual. (2) If individually identifying information regarding immigration status, including current and prior immigration status, or place of birth, is known or collected in electronic or physical form by a provider of health care, health care service plan, pharmaceutical company, or contractor regarding a patient’s medical history, it shall be treated as medical information, as defined in paragraph (1). (k) “Mental health application information” means information related to a consumer’s inferred or diagnosed mental health or substance use disorder, as defined in Section 1374.72 of the Health and Safety Code, collected by a mental health digital service. (l) “Mental health digital service” means a mobile-based application or internet website that collects mental health application information from a consumer, markets itself as facilitating mental health services to a consumer, and uses the information to facilitate mental health services to a consumer. (m) “Patient” means a natural person, whether or not still living, who received health care services from a provider of health care and to whom medical information pertains. (n) “Pharmaceutical company” means a company or business, or an agent or representative thereof, that manufactures, sells, or distributes pharmaceuticals, medications, or prescription drugs. “Pharmaceutical company” does not include a pharmaceutical benefits manager, as included in subdivision (c), or a provider of health care. (o) “Protected individual” means any adult covered by the subscriber’s health care service plan or a minor who can consent to a health care service without the consent of a parent or legal guardian, pursuant to state or federal law. “Protected individual” does not include an individual that lacks the capacity to give informed consent for health care pursuant to Section 813 of the Probate Code. (p) “Provider of health care” means a person licensed or certified pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code; a person licensed pursuant to the Osteopathic Initiative Act or the Chiropractic Initiative Act; a person certified pursuant to Division 2.5 (commencing with Section 1797) of the Health and Safety Code; or a clinic, health dispensary, or health facility licensed pursuant to Division 2 (commencing with Section 1200) of the Health and Safety Code. “Provider of health care” does not include insurance institutions as defined in subdivision (k) of Section 791.02 of the Insurance Code. (q) “Reproductive or sexual health application information” means information about a consumer’s reproductive health, menstrual cycle, fertility, pregnancy, pregnancy outcome, plans to conceive, or type of sexual activity collected by a reproductive or sexual health digital service, including, but not limited to, information from which one can infer someone’s pregnancy status, menstrual cycle, fertility, hormone levels, birth control use, sexual activity, or gender identity. (r) “Reproductive or sexual health digital service” means a mobile-based application or internet website that collects reproductive or sexual health application information from a consumer, markets itself as facilitating reproductive or sexual health services to a consumer, and uses the information to facilitate reproductive or sexual health services to a consumer. (s) “Sensitive services” means all health care services related to mental or behavioral health, sexual and reproductive health, sexually transmitted infections, substance use disorder, gender-affirming care, and intimate partner violence, and includes services described in Sections 6924, 6925, 6926, 6927, 6928, 6929, and 6930 of the Family Code, and Sections 121020 and 124260 of the Health and Safety Code, obtained by a patient at or above the minimum age specified for consenting to the service specified in the section. (t) “Subscriber” has the same meaning as that term is defined in Section 1345 of the Health and Safety Code. (u) “Immigration enforcement” means any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal civil immigration law, and also includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal criminal immigration law that penalizes a person’s presence in, entry or reentry to, or employment in, the United States. (Amended by Stats. 2025, Ch. 123, Sec. 1. (SB 81) Effective September 20, 2025.)
56.06.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.6. CONFIDENTIALITY OF MEDICAL INFORMATION [56 - 56.37] ( Part 2.6 repealed and added by Stats. 1981, Ch. 782, Sec. 2. ) ## CHAPTER 1. Definitions [56 - 56.07] ( Chapter 1 added by Stats. 1981, Ch. 782, Sec. 2. )
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Certain businesses are treated as health care providers for this part and must keep medical information confidential under the same standards, with penalties applying for improper use or disclosure.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.6. CONFIDENTIALITY OF MEDICAL INFORMATION [56 - 56.37] ( Part 2.6 repealed and added by Stats. 1981, Ch. 782, Sec. 2. ) ## CHAPTER 1. Definitions [56 - 56.07] ( Chapter 1 added by Stats. 1981, Ch. 782, Sec. 2. ) ## 56.06. (a) Any business organized for the purpose of maintaining medical information in order to make the information available to an individual or to a provider of health care at the request of the individual or a provider of health care, for purposes of allowing the individual to manage the individual’s information, or for the diagnosis and treatment of the individual, shall be deemed to be a provider of health care subject to the requirements of this part. However, this section shall not be construed to make a business specified in this subdivision a provider of health care for purposes of any law other than this part, including laws that specifically incorporate by reference the definitions of this part. (b) Any business that offers software or hardware to consumers, including a mobile application or other related device that is designed to maintain medical information in order to make the information available to an individual or a provider of health care at the request of the individual or a provider of health care, for purposes of allowing the individual to manage the individual’s information, or for the diagnosis, treatment, or management of a medical condition of the individual, shall be deemed to be a provider of health care subject to the requirements of this part. However, this section shall not be construed to make a business specified in this subdivision a provider of health care for purposes of any law other than this part, including laws that specifically incorporate by reference the definitions of this part. (c) Any business that is licensed pursuant to Division 10 (commencing with Section 26000) of the Business and Professions Code that is authorized to receive or receives identification cards issued pursuant to Section 11362.71 of the Health and Safety Code or information contained in a physician’s recommendation issued in accordance with Article 25 (commencing with Section 2525) of Chapter 5 of Division 2 of the Business and Professions Code shall be deemed to be a provider of health care subject to the requirements of this part. However, this section shall not be construed to make a business specified in this subdivision a provider of health care for purposes of any law other than this part, including laws that specifically incorporate by reference the definitions of this part. (d) Any business that offers a mental health digital service to a consumer for the purpose of allowing the individual to manage the individual’s information, or for the diagnosis, treatment, or management of a medical condition of the individual, shall be deemed to be a provider of health care subject to the requirements of this part. However, this section shall not be construed to make a business specified in this subdivision a provider of health care for purposes of any law other than this part, including laws that specifically incorporate by reference the definitions of this part. (e) Any business that offers a reproductive or sexual health digital service to a consumer for the purpose of allowing the individual to manage the individual’s information, or for the diagnosis, treatment, or management of a medical condition of the individual, shall be deemed to be a provider of health care subject to the requirements of this part. However, this section shall not be construed to make a business specified in this subdivision a provider of health care for purposes of any law other than this part, including, but not limited to, laws that specifically incorporate by reference the definitions of this part. (f) Any business described in this section shall maintain the same standards of confidentiality required of a provider of health care with respect to medical information disclosed to the business. (g) Any business described in this section is subject to the penalties for improper use and disclosure of medical information prescribed in this part. (Amended by Stats. 2023, Ch. 254, Sec. 2. (AB 254) Effective January 1, 2024.)
56.07.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.6. CONFIDENTIALITY OF MEDICAL INFORMATION [56 - 56.37] ( Part 2.6 repealed and added by Stats. 1981, Ch. 782, Sec. 2. ) ## CHAPTER 1. Definitions [56 - 56.07] ( Chapter 1 added by Stats. 1981, Ch. 782, Sec. 2. )
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On a patient’s written request, covered entities must give the patient a free copy of their medical profile, summary, or other medical information held about the patient.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.6. CONFIDENTIALITY OF MEDICAL INFORMATION [56 - 56.37] ( Part 2.6 repealed and added by Stats. 1981, Ch. 782, Sec. 2. ) ## CHAPTER 1. Definitions [56 - 56.07] ( Chapter 1 added by Stats. 1981, Ch. 782, Sec. 2. ) ## 56.07. (a) Except as provided in subdivision (c), upon the patient’s written request, any corporation described in Section 56.06, or any other entity that compiles or maintains medical information for any reason, shall provide the patient, at no charge, with a copy of any medical profile, summary, or information maintained by the corporation or entity with respect to the patient. (b) A request by a patient pursuant to this section shall not be deemed to be an authorization by the patient for the release or disclosure of any information to any person or entity other than the patient. (c) This section shall not apply to any patient records that are subject to inspection by the patient pursuant to Section 123110 of the Health and Safety Code and shall not be deemed to limit the right of a health care provider to charge a fee for the preparation of a summary of patient records as provided in Section 123130 of the Health and Safety Code. This section shall not apply to a health care service plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code or a disability insurer licensed pursuant to the Insurance Code. This section shall not apply to medical information compiled or maintained by a fire and casualty insurer or its retained counsel in the regular course of investigating or litigating a claim under a policy of insurance that it has written. For the purposes of this section, a fire and casualty insurer is an insurer writing policies that may be sold by a fire and casualty licensee pursuant to Section 1625 of the Insurance Code. (Added by Stats. 2000, Ch. 1066, Sec. 1. Effective January 1, 2001.)
56.10.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.6. CONFIDENTIALITY OF MEDICAL INFORMATION [56 - 56.37] ( Part 2.6 repealed and added by Stats. 1981, Ch. 782, Sec. 2. ) ## CHAPTER 2. Disclosure of Medical Information by Providers [56.10 - 56.16] ( Chapter 2 added by Stats. 1981, Ch. 782, Sec. 2. )
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Medical information generally may not be disclosed without authorization, but this section lists many required and permitted disclosure exceptions.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.6. CONFIDENTIALITY OF MEDICAL INFORMATION [56 - 56.37] ( Part 2.6 repealed and added by Stats. 1981, Ch. 782, Sec. 2. ) ## CHAPTER 2. Disclosure of Medical Information by Providers [56.10 - 56.16] ( Chapter 2 added by Stats. 1981, Ch. 782, Sec. 2. ) ## 56.10. (a) A provider of health care, health care service plan, or contractor shall not disclose medical information regarding a patient of the provider of health care or an enrollee or subscriber of a health care service plan without first obtaining an authorization, except as provided in subdivision (b) or (c). (b) A provider of health care, a health care service plan, or a contractor shall disclose medical information if the disclosure is compelled by any of the following: (1) (A) A court order issued by a court of this state or a federal court, including, but not limited to, a court order issued by a court of this state pursuant to Section 2029.300 of the Code of Civil Procedure relating to a foreign subpoena. (B) A provider of health care, health care service plan, or contractor shall not comply with a court order that constitutes a foreign subpoena, absent a court order issued pursuant to Section 2029.300 of the Code of Civil Procedure. (2) A board, commission, or administrative agency for purposes of adjudication pursuant to its lawful authority. (3) A party to a proceeding before a court or administrative agency pursuant to a subpoena, subpoena duces tecum, notice to appear served pursuant to Section 1987 of the Code of Civil Procedure, or any provision authorizing discovery in a proceeding before a court or administrative agency. (4) A board, commission, or administrative agency pursuant to an investigative subpoena issued under Article 2 (commencing with Section 11180) of Chapter 2 of Part 1 of Division 3 of Title 2 of the Government Code. (5) An arbitrator or arbitration panel, when arbitration is lawfully requested by either party, pursuant to a subpoena duces tecum issued under Section 1282.6 of the Code of Civil Procedure, or another provision authorizing discovery in a proceeding before an arbitrator or arbitration panel. (6) A valid search warrant issued by a judicial officer, including a magistrate, to a governmental law enforcement agency, including a search warrant from another state that is based on either of the following and execution of the search warrant would not constitute a violation of Section 13778.2 of the Penal Code: (A) Another state’s law, so long as that state’s law does not interfere with California law, including, but not limited to, the Reproductive Privacy Act (Article 2.5 (commencing with Section 123460) of Chapter 2 of Part 2 of Division 106 of the Health and Safety Code). (B) A foreign penal civil action, as defined in Section 2029.200 of the Code of Civil Procedure. (7) The patient or the patient’s representative pursuant to Chapter 1 (commencing with Section 123100) of Part 1 of Division 106 of the Health and Safety Code. (8) A medical examiner, forensic pathologist, or coroner, when requested in the course of an investigation by a medical examiner, forensic pathologist, or coroner’s office for the purpose of identifying the decedent or locating next of kin, or when investigating deaths that may involve public health concerns, organ or tissue donation, child abuse, elder abuse, suicides, poisonings, accidents, sudden infant deaths, suspicious deaths, unknown deaths, or criminal deaths, or upon notification of, or investigation of, imminent deaths that may involve organ or tissue donation pursuant to Section 7151.15 of the Health and Safety Code, or when otherwise authorized by the decedent’s representative. Medical information requested by a medical examiner, forensic pathologist, or coroner under this paragraph shall be limited to information regarding the patient who is the decedent and who is the subject of the investigation or who is the prospective donor and shall be disclosed to a medical examiner, forensic pathologist, or coroner without delay upon request. A medical examiner, forensic pathologist, or coroner shall not disclose the information contained in the medical record obtained pursuant to this paragraph to a third party without a court order or authorization pursuant to paragraph (4) of subdivision (c) of Section 56.11. (9) When otherwise specifically required by law. (c) A provider of health care or a health care service plan may disclose medical information as follows: (1) The information may be disclosed to providers of health care, health care service plans, contractors, or other health care professionals or facilities for purposes of diagnosis or treatment of the patient. This includes, in an emergency situation, the communication of patient information by radio transmission or other means between emergency medical personnel at the scene of an emergency, or in an emergency medical transport vehicle, and emergency medical personnel at a health facility licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code. (2) The information may be disclosed to an insurer, employer, health care service plan, hospital service plan, employee benefit plan, governmental authority, contractor, or other person or entity responsible for paying for health care services rendered to the patient, to the extent necessary to allow responsibility for payment to be determined and payment to be made. If (A) the patient is, by reason of a comatose or other disabling medical condition, unable to consent to the disclosure of medical information and (B) no other arrangements have been made to pay for the health care services being rendered to the patient, the information may be disclosed to a governmental authority to the extent necessary to determine the patient’s eligibility for, and to obtain, payment under a governmental program for health care services provided to the patient. The information may also be disclosed to another provider of health care or health care service plan as necessary to assist the other provider or health care service plan in obtaining payment for health care services rendered by that provider of health care or health care service plan to the patient. (3) The information may be disclosed to a person or entity that provides billing, claims management, medical data processing, or other administrative services for providers of health care or health care service plans or for any of the persons or entities specified in paragraph (2). However, that disclosed information shall not be further disclosed by the recipient in a way that would violate this part. (4) The information may be disclosed to organized committees and agents of professional societies or of medical staffs of licensed hospitals, licensed health care service plans, professional standards review organizations, independent medical review organizations and their selected reviewers, utilization and quality control peer review organizations as established by Congress in Public Law 97-248 in 1982, contractors, or persons or organizations insuring, responsible for, or defending professional liability that a provider may incur, if the committees, agents, health care service plans, organizations, reviewers, contractors, or persons are engaged in reviewing the competence or qualifications of health care professionals or in reviewing health care services with respect to medical necessity, level of care, quality of care, or justification of charges. (5) The information in the possession of a provider of health care or a health care service plan may be reviewed by a private or public body responsible for licensing or accrediting the provider of health care or a health care service plan. However, no patient-identifying medical information may be removed from the premises except as expressly permitted or required elsewhere by law, nor shall that information be further disclosed by the recipient in a way that would violate this part. (6) The information may be disclosed to a medical examiner, forensic pathologist, or county coroner in the course of an investigation by a medical examiner, forensic pathologist, or coroner’s office when requested for all purposes not included in paragraph (8) of subdivision (b). A medical examiner, forensic pathologist, or coroner shall not disclose the information contained in the medical record obtained pursuant to this paragraph to a third party without a court order or authorization pursuant to paragraph (4) of subdivision (c) of Section 56.11. (7) The information may be disclosed to public agencies, clinical investigators, including investigators conducting epidemiologic studies, health care research organizations, and accredited public or private nonprofit educational or health care institutions for bona fide research purposes. However, no information so disclosed shall be further disclosed by the recipient in a way that would disclose the identity of a patient or violate this part. (8) A provider of health care or health care service plan that has created medical information as a result of employment-related health care services to an employee conducted at the specific prior written request and expense of the employer may disclose to the employee’s employer that part of the information that: (A) Is relevant in a lawsuit, arbitration, grievance, or other claim or challenge to which the employer and the employee are parties and in which the patient has placed in issue the patient’s medical history, mental or physical condition, or treatment, provided that information may only be used or disclosed in connection with that proceeding. (B) Describes functional limitations of the patient that may entitle the patient to leave from work for medical reasons or limit the patient’s fitness to perform the patient’s present employment, provided that no statement of medical cause is included in the information disclosed. (9) Unless the provider of health care or a health care service plan is notified in writing of an agreement by the sponsor, insurer, or administrator to the contrary, the information may be disclosed to a sponsor, insurer, or administrator of a group or individual insured or uninsured plan or policy that the patient seeks coverage by or benefits from, if the information was created by the provider of health care or health care service plan as the result of services conducted at the specific prior written request and expense of the sponsor, insurer, or administrator for the purpose of evaluating the application for coverage or benefits. (10) The information may be disclosed to a health care service plan by providers of health care that contract with the health care service plan and may be transferred between providers of health care that contract with the health care service plan, for the purpose of administering the health care service plan. Medical information shall not otherwise be disclosed by a health care service plan except in accordance with this part. (11) This part does not prevent the disclosure by a provider of health care or a health care service plan to an insurance institution, agent, or support organization, subject to Article 6.6 (commencing with Section 791) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, of medical information if the insurance institution, agent, or support organization has complied with all of the requirements for obtaining the information pursuant to Article 6.6 (commencing with Section 791) of Chapter 1 of Part 2 of Division 1 of the Insurance Code. (12) The information relevant to the patient’s condition, care, and treatment provided may be disclosed to a probate court investigator in the course of an investigation required or authorized in a conservatorship proceeding under the Guardianship-Conservatorship Law as defined in Section 1400 of the Probate Code, or to a probate court investigator, probation officer, or domestic relations investigator engaged in determining the need for an initial guardianship or continuation of an existing guardianship. (13) The information may be disclosed to an organ procurement organization or a tissue bank processing the tissue of a decedent for transplantation into the body of another person, but only with respect to the donating decedent, for the purpose of aiding the transplant. For the purpose of this paragraph, “tissue bank” and “tissue” have the same meanings as defined in Section 1635 of the Health and Safety Code. (14) The information may be disclosed when the disclosure is otherwise specifically authorized by law, including, but not limited to, the voluntary reporting, either directly or indirectly, to the United States Food and Drug Administration of adverse events related to drug products or medical device problems, or to disclosures made pursuant to subdivisions (b) and (c) of Section 11167 of the Penal Code by a person making a report pursuant to Sections 11165.9 and 11166 of the Penal Code, provided that those disclosures concern a report made by that person. (15) Basic information, including the patient’s name, city of residence, age, sex, and general condition, may be disclosed to a state-recognized or federally recognized disaster relief organization for the purpose of responding to disaster welfare inquiries. (16) The information may be disclosed to a third party for purposes of encoding, encrypting, or otherwise anonymizing data. However, no information so disclosed shall be further disclosed by the recipient in a way that would violate this part, including the unauthorized manipulation of coded or encrypted medical information that reveals individually identifiable medical information. (17) For purposes of disease management programs and services as defined in Section 1399.901 of the Health and Safety Code, information may be disclosed as follows: (A) to an entity contracting with a health care service plan or the health care service plan’s contractors to monitor or administer care of enrollees for a covered benefit, if the disease management services and care are authorized by a treating physician, or (B) to a disease management organization, as defined in Section 1399.900 of the Health and Safety Code, that complies fully with the physician authorization requirements of Section 1399.902 of the Health and Safety Code, if the health care service plan or its contractor provides or has provided a description of the disease management services to a treating physician or to the health care service plan’s or contractor’s network of physicians. This paragraph does not require physician authorization for the care or treatment of the adherents of a well-recognized church or religious denomination who depend solely upon prayer or spiritual means for healing in the practice of the religion of that church or denomination. (18) The information may be disclosed, as permitted by state and federal law or regulation, to a local health department for the purpose of preventing or controlling disease, injury, or disability, including, but not limited to, the reporting of disease, injury, vital events, including, but not limited to, birth or death, and the conduct of public health surveillance, public health investigations, and public health interventions, as authorized or required by state or federal law or regulation. (19) The information may be disclosed, consistent with applicable law and standards of ethical conduct, by a psychotherapist, as defined in Section 1010 of the Evidence Code, if the psychotherapist, in good faith, believes the disclosure is necessary to prevent or lessen a serious and imminent threat to the health or safety of a reasonably foreseeable victim or victims, and the disclosure is made to a person or persons reasonably able to prevent or lessen the threat, including the target of the threat. (20) The information may be disclosed as described in Section 56.103. (21) (A) The information may be disclosed to an employee welfare benefit plan, as defined under Section 3(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. Sec. 1002(1)), which is formed under Section 302(c)(5) of the Taft-Hartley Act (29 U.S.C. Sec. 186(c)(5)), to the extent that the employee welfare benefit plan provides medical care, and may also be disclosed to an entity contracting with the employee welfare benefit plan for billing, claims management, medical data processing, or other administrative services related to the provision of medical care to persons enrolled in the employee welfare benefit plan for health care coverage, if all of the following conditions are met: (i) The disclosure is for the purpose of determining eligibility, coordinating benefits, or allowing the employee welfare benefit plan or the contracting entity to advocate on the behalf of a patient or enrollee with a provider, a health care service plan, or a state or federal regulatory agency. (ii) The request for the information is accompanied by a written authorization for the release of the information submitted in a manner consistent with subdivision (a) and Section 56.11. (iii) The disclosure is authorized by and made in a manner consistent with the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191). (iv) Any information disclosed is not further used or disclosed by the recipient in any way that would directly or indirectly violate this part or the restrictions imposed by Part 164 of Title 45 of the Code of Federal Regulations, including the manipulation of the information in any way that might reveal individually identifiable medical information. (B) For purposes of this paragraph, Section 1374.8 of the Health and Safety Code shall not apply. (22) Information may be disclosed pursuant to subdivision (a) of Section 15633.5 of the Welfare and Institutions Code by a person required to make a report pursuant to Section 15630 of the Welfare and Institutions Code, provided that the disclosure under subdivision (a) of Section 15633.5 concerns a report made by that person. Covered entities, as they are defined in Section 160.103 of Title 45 of the Code of Federal Regulations, shall comply with the requirements of the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) privacy rule pursuant to subsection (c) of Section 164.512 of Title 45 of the Code of Federal Regulations if the disclosure is not for the purpose of public health surveillance, investigation, intervention, or reporting an injury or death. (23) The information may be disclosed to a school-linked services coordinator pursuant to a written authorization between the health provider and the patient or client that complies with the federal Health Insurance Portability and Accountability Act of 1996. (24) Mental health records, as defined in subdivision (c) of Section 5073 of the Penal Code, may be disclosed by a county correctional facility, county medical facility, state correctional facility, or state hospital, as required by Section 5073 of the Penal Code. (d) Except to the extent expressly authorized by a patient, enrollee, or subscriber, or as provided by subdivisions (b) and (c), a provider of health care, health care service plan, contractor, or corporation and its subsidiaries and affiliates shall not intentionally share, sell, use for marketing, or otherwise use medical information for a purpose not necessary to provide health care services to the patient. (e) Except to the extent expressly authorized by a patient or enrollee or subscriber or as provided by subdivisions (b) and (c), a contractor or corporation and its subsidiaries and affiliates shall not further disclose medical information regarding a patient of the provider of health care or an enrollee or subscriber of a health care service plan or insurer or self-insured employer received under this section to a person or entity that is not engaged in providing direct health care services to the patient or the patient’s provider of health care or health care service plan or insurer or self-insured employer. (f) Except to the extent expressly authorized by a patient, enrollee, or subscriber, or as required by subdivision (b), or as permitted by subdivision (c), a provider of health care, health care service plan, contractor, or corporation and its subsidiaries and affiliates shall not disclose medical information for immigration enforcement. (g) For purposes of this section, the following definitions apply: (1) “Medical examiner, forensic pathologist, or coroner” means a coroner or deputy coroner, as described in subdivision (c) of Section 830.35 of the Penal Code, or a licensed physician who currently performs official autopsies on behalf of a county coroner’s office or a medical examiner’s office, whether as a government employee or under contract to that office. (2) “School-linked services coordinator” means an individual located on a school campus or under contract by a county behavioral health provider agency for the treatment and health care operations and referrals of students and their families that holds any of the following: (A) A services credential with a specialization in pupil personnel services, as described in Section 44266 of the Education Code. (B) A services credential with a specialization in health authorizing service as a school nurse, as described in Section 44877 of the Education Code. (C) A license to engage in the practice of marriage and family therapy issued pursuant to Chapter 13 (commencing with Section 4980) of Division 2 of the Business and Professions Code. (D) A license to engage in the practice of educational psychology issued pursuant to Chapter 13.5 (commencing with Section 4989.10) of Division 2 of the Business and Professions Code. (E) A license to engage in the practice of professional clinical counseling issued pursuant to Chapter 16 (commencing with Section 4999.10) of Division 2 of the Business and Professions Code. (Amended by Stats. 2025, Ch. 123, Sec. 2. (SB 81) Effective September 20, 2025.)
56.1007.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.6. CONFIDENTIALITY OF MEDICAL INFORMATION [56 - 56.37] ( Part 2.6 repealed and added by Stats. 1981, Ch. 782, Sec. 2. ) ## CHAPTER 2. Disclosure of Medical Information by Providers [56.10 - 56.16] ( Chapter 2 added by Stats. 1981, Ch. 782, Sec. 2. )
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Health care providers, health care service plans, and contractors may disclose medical information in limited situations, mainly for patient care, notification, and disaster relief.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.6. CONFIDENTIALITY OF MEDICAL INFORMATION [56 - 56.37] ( Part 2.6 repealed and added by Stats. 1981, Ch. 782, Sec. 2. ) ## CHAPTER 2. Disclosure of Medical Information by Providers [56.10 - 56.16] ( Chapter 2 added by Stats. 1981, Ch. 782, Sec. 2. ) ## 56.1007. (a) A provider of health care, health care service plan, or contractor may, in accordance with subdivision (c) or (d), disclose to a family member, other relative, domestic partner, or a close personal friend of the patient, or any other person identified by the patient, the medical information directly relevant to that person’s involvement with the patient’s care or payment related to the patient’s health care. (b) A provider of health care, health care service plan, or contractor may use or disclose medical information to notify, or assist in the notification of, including identifying or locating, a family member, a personal representative of the patient, a domestic partner, or another person responsible for the care of the patient of the patient’s location, general condition, or death. Any use or disclosure of medical information for those notification purposes shall be in accordance with the provisions of subdivision (c), (d), or (e), as applicable. (c) (1) Except as provided in paragraph (2), if the patient is present for, or otherwise available prior to, a use or disclosure permitted by subdivision (a) or (b) and has the capacity to make health care decisions, the provider of health care, health care service plan, or contractor may use or disclose the medical information if it does any of the following: (A) Obtains the patient’s agreement. (B) Provides the patient with the opportunity to object to the disclosure, and the patient does not express an objection. (C) Reasonably infers from the circumstances, based on the exercise of professional judgment, that the patient does not object to the disclosure. (2) A provider of health care who is a psychotherapist, as defined in Section 1010 of the Evidence Code, may use or disclose medical information pursuant to this subdivision only if the psychotherapist complies with subparagraph (A) or (B) of paragraph (1). (d) If the patient is not present, or the opportunity to agree or object to the use or disclosure cannot practicably be provided because of the patient’s incapacity or an emergency circumstance, the provider of health care, health care service plan, or contractor may, in the exercise of professional judgment, determine whether the disclosure is in the best interests of the patient and, if so, disclose only the medical information that is directly relevant to the person’s involvement with the patient’s health care. A provider of health care, health care service plan, or contractor may use professional judgment and its experience with common practice to make reasonable inferences of the patient’s best interest in allowing a person to act on behalf of the patient to pick up filled prescriptions, medical supplies, X-rays, or other similar forms of medical information. (e) A provider of health care, health care service plan, or contractor may use or disclose medical information to a public or private entity authorized by law or by its charter to assist in disaster relief efforts, for the purpose of coordinating with those entities the uses or disclosures permitted by subdivision (b). The requirements in subdivisions (c) and (d) apply to those uses and disclosures to the extent that the provider of health care, health care service plan, or contractor, in the exercise of professional judgment, determines that the requirements do not interfere with the ability to respond to the emergency circumstances. (f) Nothing in this section shall be construed to interfere with or limit the access authority of Protection and Advocacy, Inc., the Office of Patients’ Rights, or any county patients’ rights advocates to access medical information pursuant to any state or federal law. (Added by Stats. 2006, Ch. 833, Sec. 1. Effective January 1, 2007.)
56.101.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.6. CONFIDENTIALITY OF MEDICAL INFORMATION [56 - 56.37] ( Part 2.6 repealed and added by Stats. 1981, Ch. 782, Sec. 2. ) ## CHAPTER 2. Disclosure of Medical Information by Providers [56.10 - 56.16] ( Chapter 2 added by Stats. 1981, Ch. 782, Sec. 2. )
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Covered health care entities and related business or record systems must keep medical information confidential, protect electronic records, and track changes or deletions; certain businesses must also implement safeguards by July 1, 2024.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.6. CONFIDENTIALITY OF MEDICAL INFORMATION [56 - 56.37] ( Part 2.6 repealed and added by Stats. 1981, Ch. 782, Sec. 2. ) ## CHAPTER 2. Disclosure of Medical Information by Providers [56.10 - 56.16] ( Chapter 2 added by Stats. 1981, Ch. 782, Sec. 2. ) ## 56.101. (a) Every provider of health care, health care service plan, pharmaceutical company, or contractor who creates, maintains, preserves, stores, abandons, destroys, or disposes of medical information shall do so in a manner that preserves the confidentiality of the information contained therein. Any provider of health care, health care service plan, pharmaceutical company, or contractor who negligently creates, maintains, preserves, stores, abandons, destroys, or disposes of medical information shall be subject to the remedies and penalties provided under subdivisions (b) and (c) of Section 56.36. (b) (1) An electronic health record system or electronic medical record system shall do all of the following: (A) Protect and preserve the integrity of electronic medical information. (B) Automatically record and preserve any change or deletion of any electronically stored medical information. The record of any change or deletion shall include the identity of the person who accessed and changed the medical information, the date and time the medical information was accessed, and the change that was made to the medical information. (2) A patient’s right to access or receive a copy of the patient’s electronic medical records upon request shall be consistent with applicable state and federal laws governing patient access to, and the use and disclosures of, medical information. (c) (1) A business, as described in Section 56.06, that electronically stores or maintains medical information on the provision of sensitive services, including, but not limited to, on an electronic health record system or electronic medical record system, on behalf of a provider of health care, health care service plan, pharmaceutical company, contractor, or employer, shall develop capabilities, policies, and procedures, on or before July 1, 2024, to enable all of the following: (A) Limit user access privileges to information systems that contain medical information related to gender affirming care, abortion and abortion-related services, and contraception only to those persons who are authorized to access specified medical information. (B) Prevent the disclosure, access, transfer, transmission, or processing of medical information related to gender affirming care, abortion and abortion-related services, and contraception to persons and entities outside of this state in accordance to this part. (C) Segregate medical information related to gender affirming care, abortion and abortion-related services, and contraception from the rest of the patient’s record. (D) Provide the ability to automatically disable access to segregated medical information related to gender affirming care, abortion and abortion-related services, and contraception by individuals and entities in another state. (2) Any fees charged to providers of health care, health care service plans, pharmaceutical company, contractors, employers, or patients to comply with this subdivision shall be consistent with Section 171.302 of Title 45 of the Code of Federal Regulations. (3) For the purposes of this subdivision, “gender affirming care” means gender affirming health care and gender affirming mental health care as defined in subdivision (b) of Section 16010.2 of the Welfare and Institutions Code. (4) This subdivision does not apply to a contractor, health care service plan, or provider of health care as those terms are defined in Section 56.05. (d) This section shall apply to an “electronic medical record” or “electronic health record” that meets the definition of “electronic health record,” as that term is defined in Section 17921(5) of Title 42 of the United States Code. (Amended by Stats. 2024, Ch. 853, Sec. 9. (AB 3281) Effective January 1, 2025.)
56.102.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.6. CONFIDENTIALITY OF MEDICAL INFORMATION [56 - 56.37] ( Part 2.6 repealed and added by Stats. 1981, Ch. 782, Sec. 2. ) ## CHAPTER 2. Disclosure of Medical Information by Providers [56.10 - 56.16] ( Chapter 2 added by Stats. 1981, Ch. 782, Sec. 2. )
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A pharmaceutical company cannot make a patient sign a disclosure authorization as a condition for getting pharmaceuticals, unless a listed exception applies, and it generally cannot disclose patient medical information without valid patient authorization.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.6. CONFIDENTIALITY OF MEDICAL INFORMATION [56 - 56.37] ( Part 2.6 repealed and added by Stats. 1981, Ch. 782, Sec. 2. ) ## CHAPTER 2. Disclosure of Medical Information by Providers [56.10 - 56.16] ( Chapter 2 added by Stats. 1981, Ch. 782, Sec. 2. ) ## 56.102. (a) A pharmaceutical company may not require a patient, as a condition of receiving pharmaceuticals, medications, or prescription drugs, to sign an authorization, release, consent, or waiver that would permit the disclosure of medical information that otherwise may not be disclosed under Section 56.10 or any other provision of law, unless the disclosure is for one of the following purposes: (1) Enrollment of the patient in a patient assistance program or prescription drug discount program. (2) Enrollment of the patient in a clinical research project. (3) Prioritization of distribution to the patient of a prescription medicine in limited supply in the United States. (4) Response to an inquiry from the patient communicated in writing, by telephone, or by electronic mail. (b) Except as provided in subdivision (a) or Section 56.10, a pharmaceutical company may not disclose medical information provided to it without first obtaining a valid authorization from the patient. (Added by Stats. 2002, Ch. 853, Sec. 3. Effective January 1, 2003.)
56.103.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.6. CONFIDENTIALITY OF MEDICAL INFORMATION [56 - 56.37] ( Part 2.6 repealed and added by Stats. 1981, Ch. 782, Sec. 2. ) ## CHAPTER 2. Disclosure of Medical Information by Providers [56.10 - 56.16] ( Chapter 2 added by Stats. 1981, Ch. 782, Sec. 2. )
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A health care provider may share a minor’s medical information with certain child-care or supervising officials for coordinating care, but recipients generally may not redisclose it.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.6. CONFIDENTIALITY OF MEDICAL INFORMATION [56 - 56.37] ( Part 2.6 repealed and added by Stats. 1981, Ch. 782, Sec. 2. ) ## CHAPTER 2. Disclosure of Medical Information by Providers [56.10 - 56.16] ( Chapter 2 added by Stats. 1981, Ch. 782, Sec. 2. ) ## 56.103. (a) A provider of health care may disclose medical information to a county social worker, a probation officer, a foster care public health nurse acting pursuant to Section 16501.3 of the Welfare and Institutions Code, or any other person who is legally authorized to have custody or care of a minor for the purpose of coordinating health care services and medical treatment provided to the minor, including, but not limited to, the sharing of information related to screenings, assessments, and laboratory tests necessary to monitor the administration of psychotropic medications. (b) For purposes of this section, health care services and medical treatment includes one or more providers of health care providing, coordinating, or managing health care and related services, including, but not limited to, a provider of health care coordinating health care with a third party, consultation between providers of health care and medical treatment relating to a minor, or a provider of health care referring a minor for health care services to another provider of health care. (c) For purposes of this section, a county social worker, a probation officer, foster care public health nurse, or any other person who is legally authorized to have custody or care of a minor shall be considered a third party who may receive any of the following: (1) Medical information described in Sections 56.05 and 56.10. (2) Protected health information described in Section 160.103 of Title 45 of the Code of Federal Regulations. (d) Medical information disclosed to a county social worker, probation officer, foster care public health nurse, or any other person who is legally authorized to have custody or care of a minor shall not be further disclosed by the recipient unless the disclosure is for the purpose of coordinating health care services and medical treatment of the minor and the disclosure is authorized by law. Medical information disclosed pursuant to this section may not be admitted into evidence in any criminal or delinquency proceeding against the minor. Nothing in this subdivision shall prohibit identical evidence from being admissible in a criminal proceeding if that evidence is derived solely from lawful means other than this section and is permitted by law. (e) (1) Notwithstanding Section 56.104, if a provider of health care determines that the disclosure of medical information concerning the diagnosis and treatment of a mental health condition of a minor is reasonably necessary for the purpose of assisting in coordinating the treatment and care of the minor, that information may be disclosed to a county social worker, probation officer, foster care public health nurse, or any other person who is legally authorized to have custody or care of the minor. The information shall not be further disclosed by the recipient unless the disclosure is for the purpose of coordinating mental health services and treatment of the minor and the disclosure is authorized by law. (2) As used in this subdivision, “medical information” does not include psychotherapy notes as defined in Section 164.501 of Title 45 of the Code of Federal Regulations. (f) The disclosure of information pursuant to this section is not intended to limit the disclosure of information when that disclosure is otherwise required by law. (g) For purposes of this section, “minor” means a minor taken into temporary custody or as to whom a petition has been filed with the court, or who has been adjudged to be a dependent child or ward of the juvenile court pursuant to Section 300 or 601 of the Welfare and Institutions Code. (h) (1) Except as described in paragraph (1) of subdivision (e), nothing in this section shall be construed to limit or otherwise affect existing privacy protections provided for in state or federal law. (2) Nothing in this section shall be construed to expand the authority of a social worker, probation officer, foster care public health nurse, or custodial caregiver beyond the authority provided under existing law to a parent or a patient representative regarding access to medical information. (Amended by Stats. 2015, Ch. 535, Sec. 1. (SB 319) Effective January 1, 2016.)
56.104.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.6. CONFIDENTIALITY OF MEDICAL INFORMATION [56 - 56.37] ( Part 2.6 repealed and added by Stats. 1981, Ch. 782, Sec. 2. ) ## CHAPTER 2. Disclosure of Medical Information by Providers [56.10 - 56.16] ( Chapter 2 added by Stats. 1981, Ch. 782, Sec. 2. )
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Providers generally may not release certain medical information about outpatient psychotherapy unless the requester gives the required written request and related statements.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.6. CONFIDENTIALITY OF MEDICAL INFORMATION [56 - 56.37] ( Part 2.6 repealed and added by Stats. 1981, Ch. 782, Sec. 2. ) ## CHAPTER 2. Disclosure of Medical Information by Providers [56.10 - 56.16] ( Chapter 2 added by Stats. 1981, Ch. 782, Sec. 2. ) ## 56.104. (a) Notwithstanding subdivision (c) of Section 56.10, except as provided in subdivision (e), no provider of health care, health care service plan, or contractor may release medical information to persons or entities who have requested that information and who are authorized by law to receive that information pursuant to subdivision (c) of Section 56.10, if the requested information specifically relates to the patient’s participation in outpatient treatment with a psychotherapist, unless the person or entity requesting that information submits to the patient pursuant to subdivision (b) and to the provider of health care, health care service plan, or contractor a written request, signed by the person requesting the information or an authorized agent of the entity requesting the information, that includes all of the following: (1) The specific information relating to a patient’s participation in outpatient treatment with a psychotherapist being requested and its specific intended use or uses. (2) The length of time during which the information will be kept before being destroyed or disposed of. A person or entity may extend that timeframe, provided that the person or entity notifies the provider, plan, or contractor of the extension. Any notification of an extension shall include the specific reason for the extension, the intended use or uses of the information during the extended time, and the expected date of the destruction of the information. (3) A statement that the information will not be used for any purpose other than its intended use. (4) A statement that the person or entity requesting the information will destroy the information and all copies in the person’s or entity’s possession or control, will cause it to be destroyed, or will return the information and all copies of it before or immediately after the length of time specified in paragraph (2) has expired. (b) The person or entity requesting the information shall submit a copy of the written request required by this section to the patient within 30 days of receipt of the information requested, unless the patient has signed a written waiver in the form of a letter signed and submitted by the patient to the provider of health care or health care service plan waiving notification. (c) For purposes of this section, “psychotherapist” means a person who is both a “psychotherapist” as defined in Section 1010 of the Evidence Code and a “provider of health care” as defined in Section 56.05. (d) This section does not apply to the disclosure or use of medical information by a law enforcement agency or a regulatory agency when required for an investigation of unlawful activity or for licensing, certification, or regulatory purposes, unless the disclosure is otherwise prohibited by law. (e) This section shall not apply to any of the following: (1) Information authorized to be disclosed pursuant to paragraph (1) of subdivision (c) of Section 56.10. (2) Information requested from a psychotherapist by law enforcement or by the target of the threat subsequent to a disclosure by that psychotherapist authorized by paragraph (19) of subdivision (c) of Section 56.10, in which the additional information is clearly necessary to prevent the serious and imminent threat disclosed under that paragraph. (3) Information disclosed by a psychotherapist pursuant to paragraphs (14) and (22) of subdivision (c) of Section 56.10 and requested by an agency investigating the abuse reported pursuant to those paragraphs. (f) Nothing in this section shall be construed to grant any additional authority to a provider of health care, health care service plan, or contractor to disclose information to a person or entity without the patient’s consent. (Amended by Stats. 2013, Ch. 444, Sec. 3. (SB 138) Effective January 1, 2014.)
56.105.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.6. CONFIDENTIALITY OF MEDICAL INFORMATION [56 - 56.37] ( Part 2.6 repealed and added by Stats. 1981, Ch. 782, Sec. 2. ) ## CHAPTER 2. Disclosure of Medical Information by Providers [56.10 - 56.16] ( Chapter 2 added by Stats. 1981, Ch. 782, Sec. 2. )
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When a settlement demand or compromise offer is made before a complaint is served in a professional-negligence case, it must include a medical-information authorization, and notice of any request for records must be given to the patient or the patient’s legal representative.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.6. CONFIDENTIALITY OF MEDICAL INFORMATION [56 - 56.37] ( Part 2.6 repealed and added by Stats. 1981, Ch. 782, Sec. 2. ) ## CHAPTER 2. Disclosure of Medical Information by Providers [56.10 - 56.16] ( Chapter 2 added by Stats. 1981, Ch. 782, Sec. 2. ) ## 56.105. Whenever, prior to the service of a complaint upon a defendant in any action arising out of the professional negligence of a person holding a valid physician’s and surgeon’s certificate issued pursuant to Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code, a person holding a valid license as a marriage and family therapist issued pursuant to Chapter 13 (commencing with Section 4980) of Division 2 of the Business and Professions Code, a person holding a valid license as a clinical social worker issued pursuant to Chapter 14 (commencing with Section 4991) of Division 2 of the Business and Professions Code, or a person holding a valid license as a professional clinical counselor issued pursuant to Chapter 16 (commencing with Section 4999.10) of Division 2 of the Business and Professions Code, a demand for settlement or offer to compromise is made on a patient’s behalf, the demand or offer shall be accompanied by an authorization to disclose medical information to persons or organizations insuring, responsible for, or defending professional liability that the certificate holder may incur. The authorization shall be in accordance with Section 56.11 and shall authorize disclosure of that information that is necessary to investigate issues of liability and extent of potential damages in evaluating the merits of the demand for settlement or offer to compromise. Notice of any request for medical information made pursuant to an authorization as provided by this section shall be given to the patient or the patient’s legal representative. The notice shall describe the inclusive subject matter and dates of the materials requested and shall also authorize the patient or the patient’s legal representative to receive, upon request, copies of the information at his or her expense. Nothing in this section shall be construed to waive or limit any applicable privileges set forth in the Evidence Code except for the disclosure of medical information subject to the patient’s authorization. Nothing in this section shall be construed as authorizing a representative of any person from whom settlement has been demanded to communicate in violation of the physician-patient privilege with a treating physician, or to communicate in violation of the psychotherapist-patient privilege with a treating licensed marriage and family therapist, licensed clinical social worker, or licensed professional clinical counselor, except for the medical information request. The requirements of this section are independent of the requirements of Section 364 of the Code of Civil Procedure. (Amended by Stats. 2018, Ch. 389, Sec. 8. (AB 2296) Effective January 1, 2019.)
56.106.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.6. CONFIDENTIALITY OF MEDICAL INFORMATION [56 - 56.37] ( Part 2.6 repealed and added by Stats. 1981, Ch. 782, Sec. 2. ) ## CHAPTER 2. Disclosure of Medical Information by Providers [56.10 - 56.16] ( Chapter 2 added by Stats. 1981, Ch. 782, Sec. 2. )
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A psychotherapist generally may not release or disclose a minor’s mental health records or information based on a parent’s or guardian’s authorization when the psychotherapist knows the minor has been removed from parental custody, unless a juvenile court order allows it.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.6. CONFIDENTIALITY OF MEDICAL INFORMATION [56 - 56.37] ( Part 2.6 repealed and added by Stats. 1981, Ch. 782, Sec. 2. ) ## CHAPTER 2. Disclosure of Medical Information by Providers [56.10 - 56.16] ( Chapter 2 added by Stats. 1981, Ch. 782, Sec. 2. ) ## 56.106. (a) Notwithstanding Section 3025 of the Family Code, paragraph (2) of subdivision (c) of Section 56.11, or any other provision of law, a psychotherapist who knows that a minor has been removed from the custody of his or her parent or guardian pursuant to Article 6 (commencing with Section 300) to Article 10 (commencing with Section 360), inclusive, of Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions Code shall not release the mental health records of the minor patient and shall not disclose mental health information about that minor patient based upon an authorization to release those records signed by the minor’s parent or guardian. This restriction shall not apply if the juvenile court has issued an order authorizing the parent or guardian to sign an authorization for the release of the mental health records or the information about the minor patient after finding that such an order would not be detrimental to the minor patient. (b) For purposes of this section, the following definitions apply: (1) “Mental health records” means mental health records as defined by subdivision (b) of Section 123105 of the Health and Safety Code. (2) “Psychotherapist” means a provider of health care as defined in Section 1010 of the Evidence Code. (c) When the juvenile court has issued an order authorizing the parent or guardian to sign an authorization for the release of the mental health records or information about that minor patient under the circumstances described in subdivision (a), the parent or guardian seeking the release of the minor’s records or information about the minor shall present a copy of the court order to the psychotherapist before any records or information may be released pursuant to the signed authorization. (d) Nothing in this section shall be construed to prevent or limit a psychotherapist’s authority under subdivision (a) of Section 123115 of the Health and Safety Code to deny a parent’s or guardian’s written request to inspect or obtain copies of the minor patient’s mental health records, notwithstanding the fact that the juvenile court has issued an order authorizing the parent or guardian to sign an authorization for the release of the mental health records or information about that minor patient. Liability for a psychotherapist’s decision not to release the mental health records of the minor patient or not to disclose information about the minor patient pursuant to the authority of subdivision (a) of Section 123115 of the Health and Safety Code shall be governed by that section. (e) Nothing in this section shall be construed to impose upon a psychotherapist a duty to inquire or investigate whether a child has been removed from the physical custody of his or her parent or guardian pursuant to Article 6 (commencing with Section 300) to Article 10 (commencing with Section 360), inclusive, of Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions Code when a parent or guardian presents the minor’s psychotherapist with an authorization to release information or the mental health records regarding the minor patient. (Added by Stats. 2012, Ch. 657, Sec. 1. (SB 1407) Effective January 1, 2013.)
56.107.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.6. CONFIDENTIALITY OF MEDICAL INFORMATION [56 - 56.37] ( Part 2.6 repealed and added by Stats. 1981, Ch. 782, Sec. 2. ) ## CHAPTER 2. Disclosure of Medical Information by Providers [56.10 - 56.16] ( Chapter 2 added by Stats. 1981, Ch. 782, Sec. 2. )
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Health care service plans must protect the confidentiality of a subscriber’s or enrollee’s medical information, including special rules for sensitive services and confidential communications.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.6. CONFIDENTIALITY OF MEDICAL INFORMATION [56 - 56.37] ( Part 2.6 repealed and added by Stats. 1981, Ch. 782, Sec. 2. ) ## CHAPTER 2. Disclosure of Medical Information by Providers [56.10 - 56.16] ( Chapter 2 added by Stats. 1981, Ch. 782, Sec. 2. ) ## 56.107. Notwithstanding any other law, and to the extent permitted by federal law, a health care service plan shall take the following steps to protect the confidentiality of a subscriber’s or enrollee’s medical information: (a) (1) A health care service plan shall not require a protected individual to obtain the policyholder, primary subscriber, or other enrollee’s authorization to receive sensitive services or to submit a claim for sensitive services if the protected individual has the right to consent to care. (2) A health care service plan shall recognize the right of a protected individual to exclusively exercise rights granted under this section regarding medical information related to sensitive services that the protected individual has received. (3) A health care service plan shall direct all communications regarding a protected individual’s receipt of sensitive services directly to the protected individual receiving care as follows: (A) If the protected individual has designated an alternative mailing address, email address, or telephone number pursuant to subdivision (b), the health care service plan shall send or make all communications related to the protected individual’s receipt of sensitive services to the alternative mailing address, email address, or telephone number designated. (B) If the protected individual has not designated an alternative mailing address, email address, or telephone number pursuant to subdivision (b), the health care service plan shall send or make all communications related to the protected individual’s receipt of sensitive services in the name of the protected individual at the address or telephone number on file. (C) Communications subject to this paragraph shall include the following written, verbal, or electronic communications related to the receipt of sensitive services: (i) Bills and attempts to collect payment. (ii) A notice of adverse benefits determinations. (iii) An explanation of benefits notice. (iv) A health care service plan’s request for additional information regarding a claim. (v) A notice of a contested claim. (vi) The name and address of a provider, description of services provided, and other information related to a visit. (vii) Any written, oral, or electronic communication from a health care service plan that contains protected health information. (4) A health care service plan shall not disclose medical information related to sensitive health care services provided to a protected individual to the policyholder, primary subscriber, or any plan enrollees other than the protected individual receiving care, absent an express written authorization of the protected individual receiving care. (b) (1) A health care service plan shall permit subscribers and enrollees to request, and shall accommodate requests for, confidential communication in the form and format requested by the individual, if it is readily producible in the requested form and format, or at alternative locations. (2) A health care service plan may require the subscriber or enrollee to make a request for a confidential communication described in paragraph (1), in writing or by electronic transmission. (3) The confidential communication request shall be valid until the subscriber or enrollee submits a revocation of the request or a new confidential communication request is submitted. (4) The confidential communication request shall apply to all communications that disclose medical information or provider name and address related to receipt of medical services by the individual requesting the confidential communication. (5) For the purposes of this section, a confidential communications request shall be implemented by the health care service plan within 7 calendar days of receipt of an electronic transmission or telephonic request or within 14 calendar days of receipt by first-class mail. The health care service plan shall acknowledge receipt of the confidential communications request and advise the subscriber or enrollee of the status of implementation of the request if a subscriber or enrollee contacts the health care service plan. (c) (1) A health care service plan shall notify subscribers and enrollees that they may request a confidential communication pursuant to subdivision (b) and how to make the request. (2) The information required to be provided pursuant to this subdivision shall be provided to subscribers and enrollees with individual or group coverage upon initial enrollment and annually thereafter upon renewal. The information shall also be provided in the following manner: (A) In a conspicuously visible location in the evidence of coverage. (B) On the health care service plan’s internet website, accessible through a hyperlink on the internet website’s home page and in a manner that allows subscribers, enrollees, prospective subscribers, prospective enrollees, and members of the public to easily locate the information. (d) Notwithstanding subdivision (b), the provider of health care may make arrangements with the subscriber or enrollee for the payment of benefit cost sharing and communicate that arrangement with the health care service plan. (e) A health care service plan shall not condition enrollment or coverage on the waiver of rights provided in this section. (f) This section shall become operative on July 1, 2022. (Repealed (in Sec. 2) and added by Stats. 2021, Ch. 190, Sec. 3. (AB 1184) Effective January 1, 2022. Operative July 1, 2022, by its own provisions.)
56.108.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.6. CONFIDENTIALITY OF MEDICAL INFORMATION [56 - 56.37] ( Part 2.6 repealed and added by Stats. 1981, Ch. 782, Sec. 2. ) ## CHAPTER 2. Disclosure of Medical Information by Providers [56.10 - 56.16] ( Chapter 2 added by Stats. 1981, Ch. 782, Sec. 2. )
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Certain health care providers, plans, contractors, and employers must not disclose abortion-related medical information in response to prohibited out-of-state or foreign-law requests.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.6. CONFIDENTIALITY OF MEDICAL INFORMATION [56 - 56.37] ( Part 2.6 repealed and added by Stats. 1981, Ch. 782, Sec. 2. ) ## CHAPTER 2. Disclosure of Medical Information by Providers [56.10 - 56.16] ( Chapter 2 added by Stats. 1981, Ch. 782, Sec. 2. ) ## 56.108. (a) Notwithstanding subdivisions (b) and (c) of Section 56.10 or subdivision (c) of Section 56.20, a provider of health care, health care service plan, contractor, or employer shall not release medical information related to an individual seeking or obtaining an abortion in response to a subpoena or request if that subpoena or request is based on either another state’s laws that interfere with a person’s rights under the Reproductive Privacy Act (Article 2.5 (commencing with Section 123460) of Chapter 2 of Part 2 of Division 106 of the Health and Safety Code) or a foreign penal civil action, as defined in Section 2029.200 of the Code of Civil Procedure. (b) A provider of health care, health care service plan, contractor, or employer shall not release medical information that would identify an individual or that is related to an individual seeking or obtaining an abortion to law enforcement for either of the following purposes, unless that release is pursuant to a subpoena not otherwise prohibited by subdivision (a): (1) Enforcement of another state’s law that would interfere with a person’s rights under the Reproductive Privacy Act (Article 2.5 (commencing with Section 123460) of Chapter 2 of Part 2 of Division 106 of the Health and Safety Code). (2) Enforcement of a foreign penal civil action, as defined in Section 2029.200 of the Code of Civil Procedure. (c) Notwithstanding subdivisions (b) and (c) of Section 56.10 or subdivision (c) of Section 56.20, a provider of health care, health care service plan, contractor, or employer shall not cooperate with any inquiry or investigation by, or provide medical information to, any individual, agency, or department from another state or, to the extent permitted by federal law, to a federal law enforcement agency that would identify an individual and that is related to an individual seeking or obtaining an abortion or abortion-related services that are lawful under the laws of this state, unless the request for medical information is authorized under Section 56.110. (d) This section does not prohibit compliance with the investigation of activity that is punishable as a crime under the laws of this state. (Amended by Stats. 2023, Ch. 255, Sec. 2. (AB 352) Effective January 1, 2024.)
56.109.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.6. CONFIDENTIALITY OF MEDICAL INFORMATION [56 - 56.37] ( Part 2.6 repealed and added by Stats. 1981, Ch. 782, Sec. 2. ) ## CHAPTER 2. Disclosure of Medical Information by Providers [56.10 - 56.16] ( Chapter 2 added by Stats. 1981, Ch. 782, Sec. 2. )
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Certain health care providers, plans, contractors, and employers may not disclose or cooperate with requests for medical information tied to gender-affirming care in specified out-of-state or federal matters, with listed exceptions.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.6. CONFIDENTIALITY OF MEDICAL INFORMATION [56 - 56.37] ( Part 2.6 repealed and added by Stats. 1981, Ch. 782, Sec. 2. ) ## CHAPTER 2. Disclosure of Medical Information by Providers [56.10 - 56.16] ( Chapter 2 added by Stats. 1981, Ch. 782, Sec. 2. ) ## 56.109. (a) Notwithstanding subdivision (b) of Section 56.10, a provider of health care, health care service plan, or contractor shall not release medical information related to a person seeking or obtaining gender-affirming health care or gender-affirming mental health care or a person or entity allowing a child to receive gender-affirming health care or gender-affirming mental health care in response to any subpoena or request, including a foreign subpoena, based on another state’s law that interferes with an individual’s right to seek or obtain gender-affirming health care or gender-affirming mental health care or authorizes a person to bring a civil or criminal action against a person or entity that allows a child to receive gender-affirming health care or gender-affirming mental health care. (b) Notwithstanding subdivision (c) of Section 56.10, a provider of health care, health care service plan, or contractor shall not release medical information to persons or entities who have requested that information and who are authorized by law to receive that information pursuant to subdivision (c) of Section 56.10, if the information is related to an individual seeking or obtaining gender-affirming health care or gender-affirming mental health care or to a person or entity allowing a child to receive gender-affirming health care or gender-affirming mental health care, and the information is being requested pursuant to another state’s law that authorizes a person to bring a civil or criminal action against a person or entity that provides, seeks, obtains, or receives gender-affirming health care or gender-affirming mental health care or who allows a child to receive gender-affirming health care or gender-affirming mental health care. (c) Notwithstanding subdivisions (b) and (c) of Section 56.10 or subdivision (c) of Section 56.20, a provider of health care, health care service plan, contractor, or employer shall not cooperate with any inquiry or investigation by, or provide medical information to, any individual, agency, or department from another state or, to the extent permitted by federal law, to a federal law enforcement agency that would identify an individual and that is related to an individual seeking or obtaining gender-affirming health care or gender-affirming mental health care that is lawful under the laws of this state. (d) This section does not prohibit compliance with the investigation of activity that is punishable as a crime under the laws of this state. (e) This section does not prohibit compliance with an audit or investigation of activity that is unlawful under the laws of this state or federal law, or with an audit, review, or investigation conducted for purposes of licensure, registration, accreditation, or certification under the laws of this state or federal law or pursuant to an accrediting organization recognized by the State Department of Public Health or the federal Centers for Medicare and Medicaid Services. (f) This section does not prohibit the Department of Corrections and Rehabilitation from disclosing medical information of an individual to a health care facility that is run by an agency or department from another state, or to a federal law enforcement agency, for treatment purposes and direct medical care for the specified individual and is narrowly limited to the request. (g) For the purposes of this section, the following terms have the following meanings: (1) “Gender-affirming health care” and “gender-affirming mental health care” shall have the same meanings as provided in Section 16010.2 of the Welfare and Institutions Code. (2) “Person” means an individual or governmental subdivision, agency, or instrumentality. (Amended by Stats. 2025, Ch. 764, Sec. 2. (SB 497) Effective October 13, 2025.)
56.11.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.6. CONFIDENTIALITY OF MEDICAL INFORMATION [56 - 56.37] ( Part 2.6 repealed and added by Stats. 1981, Ch. 782, Sec. 2. ) ## CHAPTER 2. Disclosure of Medical Information by Providers [56.10 - 56.16] ( Chapter 2 added by Stats. 1981, Ch. 782, Sec. 2. )
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This section requires a valid authorization before most people or entities may obtain medical information, and it requires covered entities to give the individual a copy of the signed authorization plus access instructions.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.6. CONFIDENTIALITY OF MEDICAL INFORMATION [56 - 56.37] ( Part 2.6 repealed and added by Stats. 1981, Ch. 782, Sec. 2. ) ## CHAPTER 2. Disclosure of Medical Information by Providers [56.10 - 56.16] ( Chapter 2 added by Stats. 1981, Ch. 782, Sec. 2. ) ## 56.11. (a) Any person or entity that wishes to obtain medical information pursuant to subdivision (a) of Section 56.10, other than a person or entity authorized to receive medical information pursuant to subdivision (b) or (c) of Section 56.10, except as provided in paragraph (21) of subdivision (c) of Section 56.10, shall obtain a valid authorization for the release of this information. (b) An authorization for the release of medical information by a provider of health care, health care service plan, pharmaceutical company, or contractor shall be valid if it meets the following conditions: (1) Is handwritten or is in a typeface no smaller than 14-point type. (2) Is clearly separate from any other language present on the same page and is executed by a signature that serves no other purpose than to execute the authorization. (3) Is signed, including with an electronic or handwritten signature, and dated by one of the following: (A) The patient. A patient who is a minor may only sign an authorization for the release of medical information obtained by a provider of health care, health care service plan, pharmaceutical company, or contractor in the course of furnishing services to which the minor could lawfully have consented under Part 4 (commencing with Section 6900) of Division 11 of the Family Code. (B) The legal representative of the patient, if the patient is a minor or lacks the capacity to make the decision to authorize the release of medical information. However, authorization may not be given under this subdivision for the disclosure of medical information obtained by the provider of health care, health care service plan, pharmaceutical company, or contractor in the course of furnishing services to which a minor patient could lawfully have consented under Part 4 (commencing with Section 6900) of Division 11 of the Family Code. (C) The spouse of the patient or the person financially responsible for the patient, where the medical information is being sought for the sole purpose of processing an application for health insurance or for enrollment in a nonprofit hospital plan, a health care service plan, or an employee benefit plan, and where the patient is to be an enrolled spouse or dependent under the policy or plan. (D) The beneficiary, as defined in Section 24 of the Probate Code, or personal representative, as defined in Section 58 of the Probate Code, of a deceased patient. (4) States the specific uses and limitations on the types of medical information to be disclosed. (5) States the name or functions of the provider of health care, health care service plan, pharmaceutical company, or contractor that may disclose the medical information. (6) States the name or functions of the persons or entities authorized to receive the medical information. (7) States the specific uses and limitations on the use of the medical information by the persons or entities authorized to receive the medical information. (8) States an expiration date or event. The expiration date or event shall limit the duration of the authorization to one year or less, unless the person signing the authorization requests a specific date beyond a year or unless the authorization is related to an approved clinical trial, as defined in Section 1370.6 of the Health and Safety Code, or medical research study, in which case the authorization may extend beyond one year if the expiration date or event extends no longer than the completion of the relevant clinical trial or research study. (9) Advises the person signing the authorization of the right to receive a copy of the authorization. (c) If a provider of health care, health care service plan, pharmaceutical company, contractor, or any other entity seeks an authorization from an individual for a use or disclosure of protected health information, the provider of health care, health care service plan, pharmaceutical company, contractor, or other entity shall provide the individual with a copy of the signed authorization, and instructions on how to access additional copies or a digital version of the signed authorization. (Amended by Stats. 2023, Ch. 374, Sec. 2. (AB 1697) Effective January 1, 2024.)
56.110.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.6. CONFIDENTIALITY OF MEDICAL INFORMATION [56 - 56.37] ( Part 2.6 repealed and added by Stats. 1981, Ch. 782, Sec. 2. ) ## CHAPTER 2. Disclosure of Medical Information by Providers [56.10 - 56.16] ( Chapter 2 added by Stats. 1981, Ch. 782, Sec. 2. )
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Certain health-related entities must not share abortion-related medical information with out-of-state individuals or entities unless a listed authorization applies.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.6. CONFIDENTIALITY OF MEDICAL INFORMATION [56 - 56.37] ( Part 2.6 repealed and added by Stats. 1981, Ch. 782, Sec. 2. ) ## CHAPTER 2. Disclosure of Medical Information by Providers [56.10 - 56.16] ( Chapter 2 added by Stats. 1981, Ch. 782, Sec. 2. ) ## 56.110. (a) Notwithstanding subdivision (c) of Section 56.10, a provider of health care, health care service plan, pharmaceutical company, contractor, or employer shall not knowingly disclose, transmit, transfer, share, or grant access to medical information in an electronic health records system or through a health information exchange that would identify an individual and that is related to an individual seeking, obtaining, providing, supporting, or aiding in the performance of an abortion that is lawful under the laws of this state to any individual or entity from another state, unless the disclosure, transmittal, transfer, sharing, or granting of access is authorized under any of the following conditions: (1) In accordance with a valid, written authorization pursuant to Section 56.11 that clearly states that medical information on abortion or abortion-related services may be disclosed, and only to the extent and for the purposes expressly stated in the authorization. (2) In accordance with paragraphs (2) and (3) of subdivision (c) of Section 56.10, to the extent necessary to allow responsibility for payment to be determined and payment to be made or to the extent that it is not further disclosed by the recipient in a way that would violate this part. (3) In accordance with paragraphs (4) and (5) of subdivision (c) of Section 56.10 for the purpose of accreditation, in reviewing the competence or qualifications of health care professionals, or in reviewing health care services with respect to medical necessity, level of care, quality of care, or justification of charges. (4) In accordance with paragraph (7) of subdivision (c) of Section 56.10, for the purpose of bona fide research. Institutional Review Boards shall consider the potential harm to the patient and the patient’s privacy when the research uses data that contains information related to abortion or abortion-related services and the research is performed out of state. (b) Notwithstanding subdivision (a), the content of the health records containing medical information described in subdivision (a) shall be disclosed to any of the following: (1) A patient, or their personal representative, consistent with the Patient Access to Health Records Act (Chapter 1 (commencing with Section 123100) of Part 1 of Division 106 of the Health and Safety Code). (2) In response to an order of a California or federal court, but only to the extent clearly stated in the order and consistent with Section 1543 of the Penal Code, if applicable, and only if all information about the patient’s identity and records are protected from public scrutiny through mechanisms, including, but not limited to, a sealed proceeding or court record. (3) When expressly required by federal law that preempts California law, but only to the extent expressly required. (c) Nothing in this section shall prohibit a provider of health care, health care service plan, pharmaceutical company, contractor, or employer from cooperating or complying with the investigation of activity that is punishable as a crime under the laws of California, and that took place in California. (d) A provider of health care, as defined in Section 56.05, shall not be subject to liability for damages or to civil or enforcement actions, including disciplinary actions, fines, or penalties, for failure to meet the requirements of this section before January 31, 2027, if the provider of health care is working diligently and in good faith to come into compliance with this section. (Amended by Stats. 2025, Ch. 136, Sec. 11. (AB 260) Effective September 26, 2025.)
56.12.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.6. CONFIDENTIALITY OF MEDICAL INFORMATION [56 - 56.37] ( Part 2.6 repealed and added by Stats. 1981, Ch. 782, Sec. 2. ) ## CHAPTER 2. Disclosure of Medical Information by Providers [56.10 - 56.16] ( Chapter 2 added by Stats. 1981, Ch. 782, Sec. 2. )
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If the patient or the person who signed the authorization asks, the covered provider must give a true copy of the authorization.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.6. CONFIDENTIALITY OF MEDICAL INFORMATION [56 - 56.37] ( Part 2.6 repealed and added by Stats. 1981, Ch. 782, Sec. 2. ) ## CHAPTER 2. Disclosure of Medical Information by Providers [56.10 - 56.16] ( Chapter 2 added by Stats. 1981, Ch. 782, Sec. 2. ) ## 56.12. Upon demand by the patient or the person who signed an authorization, a provider of health care, health care service plan, pharmaceutical company, or contractor possessing the authorization shall furnish a true copy thereof. (Amended by Stats. 2002, Ch. 853, Sec. 5. Effective January 1, 2003.)
56.13.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.6. CONFIDENTIALITY OF MEDICAL INFORMATION [56 - 56.37] ( Part 2.6 repealed and added by Stats. 1981, Ch. 782, Sec. 2. ) ## CHAPTER 2. Disclosure of Medical Information by Providers [56.10 - 56.16] ( Chapter 2 added by Stats. 1981, Ch. 782, Sec. 2. )
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A recipient of medical information generally may not disclose it again unless a new authorization applies or another chapter or law specifically allows or requires it.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.6. CONFIDENTIALITY OF MEDICAL INFORMATION [56 - 56.37] ( Part 2.6 repealed and added by Stats. 1981, Ch. 782, Sec. 2. ) ## CHAPTER 2. Disclosure of Medical Information by Providers [56.10 - 56.16] ( Chapter 2 added by Stats. 1981, Ch. 782, Sec. 2. ) ## 56.13. A recipient of medical information pursuant to an authorization as provided by this chapter or pursuant to the provisions of subdivision (c) of Section 56.10 may not further disclose that medical information except in accordance with a new authorization that meets the requirements of Section 56.11, or as specifically required or permitted by other provisions of this chapter or by law. (Added by Stats. 1981, Ch. 782, Sec. 2.)
56.14.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.6. CONFIDENTIALITY OF MEDICAL INFORMATION [56 - 56.37] ( Part 2.6 repealed and added by Stats. 1981, Ch. 782, Sec. 2. ) ## CHAPTER 2. Disclosure of Medical Information by Providers [56.10 - 56.16] ( Chapter 2 added by Stats. 1981, Ch. 782, Sec. 2. )
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If a health care provider, health care service plan, or contractor discloses medical information under this chapter’s authorization rules, it must tell the recipient about any limits on how the information may be used.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.6. CONFIDENTIALITY OF MEDICAL INFORMATION [56 - 56.37] ( Part 2.6 repealed and added by Stats. 1981, Ch. 782, Sec. 2. ) ## CHAPTER 2. Disclosure of Medical Information by Providers [56.10 - 56.16] ( Chapter 2 added by Stats. 1981, Ch. 782, Sec. 2. ) ## 56.14. A provider of health care, health care service plan, or contractor that discloses medical information pursuant to the authorizations required by this chapter shall communicate to the person or entity to which it discloses the medical information any limitations in the authorization regarding the use of the medical information. No provider of health care, health care service plan, or contractor that has attempted in good faith to comply with this provision shall be liable for any unauthorized use of the medical information by the person or entity to which the provider, plan, or contractor disclosed the medical information. (Amended by Stats. 1999, Ch. 526, Sec. 6. Effective January 1, 2000.)
56.15.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.6. CONFIDENTIALITY OF MEDICAL INFORMATION [56 - 56.37] ( Part 2.6 repealed and added by Stats. 1981, Ch. 782, Sec. 2. ) ## CHAPTER 2. Disclosure of Medical Information by Providers [56.10 - 56.16] ( Chapter 2 added by Stats. 1981, Ch. 782, Sec. 2. )
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A person who could sign the authorization under Section 56.11(c) may cancel or modify the authorization.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.6. CONFIDENTIALITY OF MEDICAL INFORMATION [56 - 56.37] ( Part 2.6 repealed and added by Stats. 1981, Ch. 782, Sec. 2. ) ## CHAPTER 2. Disclosure of Medical Information by Providers [56.10 - 56.16] ( Chapter 2 added by Stats. 1981, Ch. 782, Sec. 2. ) ## 56.15. Nothing in this part shall be construed to prevent a person who could sign the authorization pursuant to subdivision (c) of Section 56.11 from cancelling or modifying an authorization. However, the cancellation or modification shall be effective only after the provider of health care actually receives written notice of the cancellation or modification. (Repealed and added by Stats. 1981, Ch. 782, Sec. 2.)
56.16.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.6. CONFIDENTIALITY OF MEDICAL INFORMATION [56 - 56.37] ( Part 2.6 repealed and added by Stats. 1981, Ch. 782, Sec. 2. ) ## CHAPTER 2. Disclosure of Medical Information by Providers [56.10 - 56.16] ( Chapter 2 added by Stats. 1981, Ch. 782, Sec. 2. )
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A general acute care hospital may, when asked about a specific patient, release certain basic patient information unless the patient has made a specific written request not to.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.6. CONFIDENTIALITY OF MEDICAL INFORMATION [56 - 56.37] ( Part 2.6 repealed and added by Stats. 1981, Ch. 782, Sec. 2. ) ## CHAPTER 2. Disclosure of Medical Information by Providers [56.10 - 56.16] ( Chapter 2 added by Stats. 1981, Ch. 782, Sec. 2. ) ## 56.16. For disclosures not addressed by Section 56.1007, unless there is a specific written request by the patient to the contrary, nothing in this part shall be construed to prevent a general acute care hospital, as defined in subdivision (a) of Section 1250 of the Health and Safety Code, upon an inquiry concerning a specific patient, from releasing at its discretion any of the following information: the patient’s name, address, age, and sex; a general description of the reason for treatment (whether an injury, a burn, poisoning, or some unrelated condition); the general nature of the injury, burn, poisoning, or other condition; the general condition of the patient; and any information that is not medical information as defined in Section 56.05. (Amended by Stats. 2013, Ch. 444, Sec. 5. (SB 138) Effective January 1, 2014.)
56.17.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.6. CONFIDENTIALITY OF MEDICAL INFORMATION [56 - 56.37] ( Part 2.6 repealed and added by Stats. 1981, Ch. 782, Sec. 2. ) ## CHAPTER 2.5. Disclosure of Genetic Test Results by a Health Care Service Plan [56.17- 56.17.] ( Chapter 2.5 added by Stats. 1995, Ch. 695, Sec. 1. )
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This section limits disclosure of genetic test results and requires written authorization for each separate disclosure, with penalties for unauthorized disclosure.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.6. CONFIDENTIALITY OF MEDICAL INFORMATION [56 - 56.37] ( Part 2.6 repealed and added by Stats. 1981, Ch. 782, Sec. 2. ) ## CHAPTER 2.5. Disclosure of Genetic Test Results by a Health Care Service Plan [56.17- 56.17.] ( Chapter 2.5 added by Stats. 1995, Ch. 695, Sec. 1. ) ## 56.17. (a) This section shall apply to the disclosure of genetic test results by a health care service plan that are contained in an applicant’s or enrollee’s medical records. (b) Any person who negligently discloses results of a test for a genetic characteristic to any third party in a manner that identifies or provides identifying characteristics of the person to whom the test results apply, except pursuant to a written authorization as described in subdivision (g), shall be assessed a civil penalty in an amount not to exceed one thousand dollars ($1,000) plus court costs, as determined by the court, which penalty and costs shall be paid to the subject of the test. (c) Any person who willfully discloses the results of a test for a genetic characteristic to any third party in a manner that identifies or provides identifying characteristics of the person to whom the test results apply, except pursuant to a written authorization as described in subdivision (g), shall be assessed a civil penalty in an amount not less than one thousand dollars ($1,000) and no more than five thousand dollars ($5,000) plus court costs, as determined by the court, which penalty and costs shall be paid to the subject of the test. (d) Any person who willfully or negligently discloses the results of a test for a genetic characteristic to a third party in a manner that identifies or provides identifying characteristics of the person to whom the test results apply, except pursuant to a written authorization as described in subdivision (g), that results in economic, bodily, or emotional harm to the subject of the test, is guilty of a misdemeanor punishable by a fine not to exceed ten thousand dollars ($10,000). (e) In addition to the penalties listed in subdivisions (b) and (c), any person who commits any act described in subdivision (b) or (c) shall be liable to the subject for all actual damages, including damages for economic, bodily, or emotional harm which is proximately caused by the act. (f) Each disclosure made in violation of this section is a separate and actionable offense. (g) The applicant’s “written authorization,” as used in this section, shall satisfy the following requirements: (1) Is written in plain language and is in a typeface no smaller than 14-point type. (2) Is dated and signed, including with an electronic or handwritten signature, by the individual or a person authorized to act on behalf of the individual. (3) Specifies the types of persons authorized to disclose information about the individual. (4) Specifies the nature of the information authorized to be disclosed. (5) States the name or functions of the persons or entities authorized to receive the information. (6) Specifies the purposes for which the information is collected. (7) Specifies the length of time the authorization shall remain valid or states an expiration date or event. The expiration date or event shall limit the duration of the authorization to one year or less, unless the person signing the authorization requests a specific date beyond a year or unless the authorization is related to an approved clinical trial, as defined in Section 1370.6 of the Health and Safety Code, or medical research study, in which case the authorization may extend beyond one year if the expiration date or event extends no longer than the completion of the relevant clinical trial or research study. (8) Advises the person signing the authorization of the right to receive a copy of the authorization. Written authorization is required for each separate disclosure of the test results. (h) If a provider of health care, health care service plan, pharmaceutical company, contractor, or any other entity seeks an authorization from an individual for a use or disclosure of protected health information, the provider of health care, health care service plan, pharmaceutical company, contractor, or other entity shall provide the individual with a copy of the signed authorization and instructions on how to access additional copies or a digital version of the signed authorization. (i) This section shall not apply to disclosures required by the State Department of Health Care Services necessary to monitor compliance with Chapter 1 (commencing with Section 124975) of Part 5 of Division 106 of the Health and Safety Code, nor to disclosures required by the Department of Managed Health Care necessary to administer and enforce compliance with Section 1374.7 of the Health and Safety Code. (j) For purposes of this section, “genetic characteristic” has the same meaning as that set forth in subdivision (d) of Section 1374.7 of the Health and Safety Code. (Amended by Stats. 2023, Ch. 374, Sec. 3. (AB 1697) Effective January 1, 2024.)
56.18.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.6. CONFIDENTIALITY OF MEDICAL INFORMATION [56 - 56.37] ( Part 2.6 repealed and added by Stats. 1981, Ch. 782, Sec. 2. ) ## CHAPTER 2.6. Genetic Privacy [56.18 - 56.186] ( Chapter 2.6 added by Stats. 2021, Ch. 596, Sec. 2. )
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This section names the chapter the Genetic Information Privacy Act and defines key terms used in the chapter.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.6. CONFIDENTIALITY OF MEDICAL INFORMATION [56 - 56.37] ( Part 2.6 repealed and added by Stats. 1981, Ch. 782, Sec. 2. ) ## CHAPTER 2.6. Genetic Privacy [56.18 - 56.186] ( Chapter 2.6 added by Stats. 2021, Ch. 596, Sec. 2. ) ## 56.18. (a) This chapter shall be known, and may be cited, as the Genetic Information Privacy Act. (b) For purposes of this chapter, the following definitions apply: (1) “Affirmative authorization” means an action that demonstrates an intentional decision by the consumer. (2) “Biological sample” means any material part of the human, discharge therefrom, or derivative thereof, such as tissue, blood, urine, or saliva, known to contain deoxyribonucleic acid (DNA). (3) “Consumer” means a natural person who is a California resident. (4) “Dark pattern” means a user interface designed or manipulated with the substantial effect of subverting or impairing user autonomy, decisionmaking, or choice. (5) “Direct-to-consumer genetic testing company” means an entity that does any of the following: (A) Sells, markets, interprets, or otherwise offers consumer-initiated genetic testing products or services directly to consumers. (B) Analyzes genetic data obtained from a consumer, except to the extent that the analysis is performed by a person licensed in the healing arts for diagnosis or treatment of a medical condition. (C) Collects, uses, maintains, or discloses genetic data collected or derived from a direct-to-consumer genetic testing product or service, or is directly provided by a consumer. (6) “Express consent” means a consumer’s affirmative authorization to grant permission in response to a clear, meaningful, and prominent notice regarding the collection, use, maintenance, or disclosure of genetic data for a specific purpose. The nature of the data collection, use, maintenance, or disclosure shall be conveyed in clear and prominent terms in such a manner that an ordinary consumer would notice and understand it. Express consent cannot be inferred from inaction. Agreement obtained through use of dark patterns does not constitute consent. (7) (A) “Genetic data” means any data, regardless of its format, that results from the analysis of a biological sample from a consumer, or from another element enabling equivalent information to be obtained, and concerns genetic material. Genetic material includes, but is not limited to, deoxyribonucleic acids (DNA), ribonucleic acids (RNA), genes, chromosomes, alleles, genomes, alterations or modifications to DNA or RNA, single nucleotide polymorphisms (SNPs), uninterpreted data that results from the analysis of the biological sample, and any information extrapolated, derived, or inferred therefrom. (B) “Genetic data” does not include deidentified data. For purposes of this subparagraph, “deidentified data” means data that cannot be used to infer information about, or otherwise be linked to, a particular individual, provided that the business that possesses the information does all of the following: (i) Takes reasonable measures to ensure that the information cannot be associated with a consumer or household. (ii) Publicly commits to maintain and use the information only in deidentified form and not to attempt to reidentify the information, except that the business may attempt to reidentify the information solely for the purpose of determining whether its deidentification processes satisfy the requirements of this subparagraph, provided that the business does not use or disclose any information reidentified in this process and destroys the reidentified information upon completion of that assessment. (iii) Contractually obligates any recipients of the information to take reasonable measures to ensure that the information cannot be associated with a consumer or household and to commit to maintaining and using the information only in deidentified form and not to reidentify the information. (C) “Genetic data” does not include data or a biological sample to the extent that data or a biological sample is collected, used, maintained, and disclosed exclusively for scientific research conducted by an investigator with an institution that holds an assurance with the United States Department of Health and Human Services pursuant to Part 46 (commencing with Section 46.101) of Title 45 of the Code of Federal Regulations, in compliance with all applicable federal and state laws and regulations for the protection of human subjects in research, including, but not limited to, the Common Rule pursuant to Part 46 (commencing with Section 46.101) of Title 45 of the Code of Federal Regulations, United States Food and Drug Administration regulations pursuant to Parts 50 and 56 of Title 21 of the Code of Federal Regulations, the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g), and the Protection of Human Subjects in Medical Experimentation Act, Chapter 1.3 (commencing with Section 24170) of Division 20 of the Health and Safety Code. (8) “Genetic testing” means any laboratory test of a biological sample from a consumer for the purpose of determining information concerning genetic material contained within the biological sample, or any information extrapolated, derived, or inferred therefrom. (9) “Person” means an individual, partnership, corporation, association, business, business trust, or legal representative of an organization. (10) “Service provider” means a sole proprietorship, partnership, limited liability company, corporation, association, or other legal entity that is organized or operated for the profit or financial benefit of its shareholders or other owners, that is involved in the collection, transportation, and analysis of the consumer’s biological sample or extracted genetic material on behalf of the direct-to-consumer genetic testing company, or on behalf of any other company that collects, uses, maintains, or discloses genetic data collected or derived from a direct-to-consumer genetic testing product or service, or is directly provided by a consumer, or the delivery of the results of the analysis of the biological sample or genetic material. The contract between the company and the service provider shall prohibit the service provider from retaining, using, or disclosing the biological sample, extracted genetic material, genetic data, or any information regarding the identity of the consumer, including whether that consumer has solicited or received genetic testing, as applicable, for any purpose other than for the specific purpose of performing the services specified in the contract for the business, including both of the following: (A) A provision prohibiting the service provider from retaining, using, or disclosing the biological sample, extracted genetic material, genetic data, or any information regarding the identity of the consumer, including whether that consumer has solicited or received genetic testing, as applicable, for a commercial purpose other than providing the services specified in the contract with the business. (B) A provision prohibiting the service provider from associating or combining the biological sample, extracted genetic material, genetic data, or any information regarding the identity of the consumer, including whether that consumer has solicited or received genetic testing, as applicable, with information the service provider has received from or on behalf of another person or persons, or has collected from its own interaction with consumers or as required by law. (Added by Stats. 2021, Ch. 596, Sec. 2. (SB 41) Effective January 1, 2022.)
56.181.
## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.6. CONFIDENTIALITY OF MEDICAL INFORMATION [56 - 56.37] ( Part 2.6 repealed and added by Stats. 1981, Ch. 782, Sec. 2. ) ## CHAPTER 2.6. Genetic Privacy [56.18 - 56.186] ( Chapter 2.6 added by Stats. 2021, Ch. 596, Sec. 2. )
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A direct-to-consumer genetic testing company must give consumers clear privacy information, get express consent for genetic-data uses and disclosures, provide easy consent revocation, protect genetic data with reasonable security, and let consumers access, delete, or have their biological sample destroyed.

## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.6. CONFIDENTIALITY OF MEDICAL INFORMATION [56 - 56.37] ( Part 2.6 repealed and added by Stats. 1981, Ch. 782, Sec. 2. ) ## CHAPTER 2.6. Genetic Privacy [56.18 - 56.186] ( Chapter 2.6 added by Stats. 2021, Ch. 596, Sec. 2. ) ## 56.181. (a) To safeguard the privacy, confidentiality, security, and integrity of a consumer’s genetic data, a direct-to-consumer genetic testing company shall do both of the following: (1) Provide clear and complete information regarding the company’s policies and procedures for the collection, use, maintenance, and disclosure, as applicable, of genetic data by making available to a consumer all of the following: (A) A summary of its privacy practices, written in plain language, that includes information about the company’s collection, use, maintenance, and disclosure, as applicable, of genetic data. (B) A prominent and easily accessible privacy notice that includes, at a minimum, complete information about the company’s data collection, consent, use, access, disclosure, maintenance, transfer, security, and retention and deletion practices, and information that clearly describes how to file a complaint alleging a violation of this chapter, pursuant to subdivision (c) of Section 56.182. (C) A notice that the consumer’s deidentified genetic or phenotypic information may be shared with or disclosed to third parties for research purposes in accordance with Part 46 (commencing with Section 46.101) of Title 45 of the Code of Federal Regulations. (2) Obtain a consumer’s express consent for collection, use, and disclosure of the consumer’s genetic data, including, at a minimum, separate and express consent for each of the following: (A) The use of the genetic data collected through the genetic testing product or service offered to the consumer, including who has access to genetic data, and how genetic data may be shared, and the specific purposes for which it will be collected, used, and disclosed. (B) The storage of a consumer’s biological sample after the initial testing requested by the consumer has been fulfilled. (C) Each use of genetic data or the biological sample beyond the primary purpose of the genetic testing or service and inherent contextual uses. (D) Each transfer or disclosure of the consumer’s genetic data or biological sample to a third party other than to a service provider, including the name of the third party to which the consumer’s genetic data or biological sample will be transferred or disclosed. (E) (i) The marketing or facilitation of marketing to a consumer based on the consumer’s genetic data or the marketing or facilitation of marketing by a third party based upon the consumer having ordered, purchased, received, or used a genetic testing product or service. (ii) This subparagraph does not require a direct-to-consumer genetic testing company to obtain a consumer’s express consent to market to the consumer on the company’s own website or mobile application based upon the consumer having ordered, purchased, received, or used a genetic testing product or service from that company if the content of the advertisement does not depend upon any information specific to that consumer, except for the product or service that the consumer ordered, purchased, received, or used, and the placement of the advertisement is not intended to result in disparate exposure to advertising content on the basis of any characteristic specified in Section 51. Nothing in this subparagraph alters, limits, or negates the requirements of any other antidiscrimination law or targeted advertising law. (iii) Any advertisement of a third-party product or service presented to a consumer pursuant to either clause (i) or (ii) shall be prominently labeled as advertising content and be accompanied by the name of any third party that has contributed to the placement of the advertising. If applicable, the advertisement also shall clearly indicate that the advertised product or service, and any associated claims, have not been vetted or endorsed by the direct-to-consumer genetic testing company. (F) For the purpose of this paragraph, “third party” does not include a public or private nonprofit postsecondary educational institution to the extent that the consumer’s genetic data or biological sample is disclosed to a public or private nonprofit postsecondary educational institution for the purpose of scientific research or educational activities as described in paragraph (4) of subdivision (b) of Section 56.184. (b) A company that is subject to the requirements described in paragraph (2) of subdivision (a) shall provide effective mechanisms, without any unnecessary steps, for a consumer to revoke their consent after it is given, at least one of which utilizes the primary medium through which the company communicates with consumers. (c) If a consumer revokes the consent that they provided pursuant to paragraph (2) of subdivision (a), the company shall honor the consumer’s consent revocation as soon as practicable, but not later than 30 days after the individual revokes consent, in accordance with both of the following: (1) Revocation of consent under this section shall comply with Part 46 of Title 45 of the Code of Federal Regulations. (2) The company shall destroy a consumer’s biological sample within 30 days of receipt of revocation of consent to store the sample. (d) The direct-to-consumer genetic testing company shall do both of the following: (1) Implement and maintain reasonable security procedures and practices to protect a consumer’s genetic data against unauthorized access, destruction, use, modification, or disclosure. (2) Develop procedures and practices to enable a consumer to easily do any of the following: (A) Access the consumer’s genetic data. (B) Delete the consumer’s account and genetic data, except for genetic data that is required to be retained by the company to comply with applicable legal and regulatory requirements. (C) Have the consumer’s biological sample destroyed. (e) A person or public entity shall not discriminate against a consumer because the consumer exercised any of the consumer’s rights under this chapter by doing any of the following, including, but not limited to: (1) Denying goods, services, or benefits to the customer. (2) Charging different prices or rates for goods or services, including through the use of discounts or other incentives or imposing penalties. (3) Providing a different level or quality of goods, services, or benefits to the consumer. (4) Suggesting that the consumer will receive a different price or rate for goods, services, or benefits, or a different level or quality of goods, services, or benefits. (5) Considering the consumer’s exercise of rights under this chapter as a basis for suspicion of criminal wrongdoing or unlawful conduct. (f) (1) Notwithstanding any other provision in this section, and except as provided in paragraph (2), a direct-to-consumer genetic testing company shall not disclose a consumer’s genetic data to any entity that is responsible for administering or making decisions regarding health insurance, life insurance, long-term care insurance, disability insurance, or employment or to any entity that provides advice to an entity that is responsible for performing those functions. (2) A direct-to-consumer genetic testing company may disclose a consumer’s genetic data or biological sample to an entity described in paragraph (1) if all of the following are true: (A) The entity is not primarily engaged in administering health insurance, life insurance, long-term care insurance, disability insurance, or employment. (B) The consumer’s genetic data or biological sample is not disclosed to the entity in that entity’s capacity as a party that is responsible for administering, advising, or making decisions regarding health insurance, life insurance, long-term care insurance, disability insurance, or employment. (C) Any agent or division of the entity that is involved in administering, advising, or making decisions regarding health insurance, life insurance, long-term care insurance, disability insurance, or employment is prohibited from accessing the consumer’s genetic data or biological sample. (Added by Stats. 2021, Ch. 596, Sec. 2. (SB 41) Effective January 1, 2022.)

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