Civil Code — Part 16 | CIV — United States — California law | Esheria

Civil Code

Part 16 of 20 · provisions 3,001–3,200

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

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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

Showing 200 of 3,922

  1. 56.182.

    ## 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 CONFIDENTIALITY OF MEDICAL INFORMATION [56 - 56.37] ( Part 2.6 repealed and added by Stats. 1981, Ch. 782, Sec. 2.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 sets civil penalties for negligent or willful violations of the chapter, assigns prosecution authority to specified public officials, and blocks contract terms that would delay or limit legal remedies.

    ## 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 CONFIDENTIALITY OF MEDICAL INFORMATION [56 - 56.37] ( Part 2.6 repealed and added by Stats. 1981, Ch. 782, Sec. 2.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. ) ## 56.182. (a) Any person who negligently violates this chapter 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. (b) Any person who willfully violates this chapter shall be assessed a civil penalty in an amount not less than one thousand dollars ($1,000) and not more than ten thousand dollars ($10,000) plus court costs, as determined by the court. (c) Actions for relief pursuant to this chapter shall be prosecuted exclusively in a court of competent jurisdiction by the Attorney General or a district attorney or by a county counsel authorized by agreement with the district attorney in actions involving violation of a county ordinance, or by a city attorney of a city having a population in excess of 750,000, or by a city attorney in a city and county or, with the consent of the district attorney, by a city prosecutor in a city having a full-time city prosecutor in the name of the people of the State of California upon their own complaint or upon the complaint of a board, officer, person, corporation, or association, or upon a complaint by a person who has suffered injury in fact and has lost money or property as a result of the violation of this chapter. (d) Court costs recovered pursuant to this section shall be paid to the party or parties that prosecuted the violation. Penalties recovered pursuant to this section shall be paid to the individual to whom the genetic data at issue pertains. (e) Any provision of a contract or agreement between a consumer and a person governed by this chapter that has, or would have, the effect of delaying or limiting access to a legal remedy for a violation of this chapter shall not apply to the exercise of rights or enforcement pursuant to this chapter. (f) Each violation of this chapter is a separate and actionable violation. (Added by Stats. 2021, Ch. 596, Sec. 2. (SB 41) Effective January 1, 2022.)
  2. 56.184.

    ## 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 limits the chapter’s reach and preserves stronger privacy protections and existing compliance duties for certain covered data and activities.

    ## 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. ) ## 56.184. (a) The provisions of this chapter shall not reduce a direct-to-consumer genetic testing company’s duties, obligations, requirements, or standards under any applicable state and federal laws for the protection of privacy and security. (b) In the event of a conflict between the provisions of this chapter and any other law, the provisions of the law that afford the greatest protection for the right of privacy for consumers shall control. (c) This chapter shall not apply to any of the following: (1) Medical information governed by the Confidentiality of Medical Information Act, Part 2.6 (commencing with Section 56), or to protected health information that is collected, maintained, used, or disclosed by a covered entity or business associate governed by the privacy, security, and breach notification rules issued by the United States Department of Health and Human Services, Parts 160 and 164 of Title 45 of the Code of Federal Regulations established pursuant to the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191) and the federal Health Information Technology for Economic and Clinical Health Act (Public Law 111-5). (2) A provider of health care governed by the Confidentiality of Medical Information Act (Part 2.6 (commencing with Section 56)) or a covered entity governed by the privacy, security, and breach notification rules issued by the United States Department of Health and Human Services, Parts 160 and 164 of Title 45 of the Code of Federal Regulations, established pursuant to the Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191) and the federal Health Information Technology for Economic and Clinical Health Act, Title XIII of the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5), to the extent that the provider or covered entity maintains, uses, and discloses genetic information in the same manner as medical information or protected health information, as described in paragraph (1). (3) A business associate of a covered entity governed by the privacy, security, and data breach notification rules issued by the United States Department of Health and Human Services, Parts 160 and 164 of Title 45 of the Code of Federal Regulations, established pursuant to the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191) and the federal Health Information Technology for Economic and Clinical Health Act, Title XIII of the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5), to the extent that the business associate maintains, uses, and discloses genetic information in the same manner as medical information or protected health information, as described in paragraph (1). (4) Scientific research or educational activities conducted by a public or private nonprofit postsecondary educational institution that holds an assurance with the United States Department of Health and Human Services pursuant to Part 46 of Title 45 of the Code of Federal Regulations, to the extent that the scientific research and educational activities conducted by that institution comply 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. (5) The California Newborn Screening Program authorized by Chapter 1 (commencing with Section 124975) of Part 5 of Division 106 of the Health and Safety Code. (6) Tests conducted exclusively to diagnose whether an individual has a specific disease, to the extent that all persons involved in the conduct of the test maintain, use, and disclose genetic information in the same manner as medical information or protected health information, as described in paragraph (1). (7) Genetic data used or maintained by an employer, or disclosed by an employee to an employer, to the extent that the use, maintenance, or disclosure of that data is necessary to comply with a local, state, or federal workplace health and safety ordinance, law, or regulation. (d) Nothing in this chapter shall be construed to affect access to information made available to the public by the consumer. (Added by Stats. 2021, Ch. 596, Sec. 2. (SB 41) Effective January 1, 2022.)
  3. 56.186.

    ## 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 chapter’s provisions are severable.

    ## 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. ) ## 56.186. The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Added by Stats. 2021, Ch. 596, Sec. 2. (SB 41) Effective January 1, 2022.)
  4. 56.20.

    ## 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 3. Use and Disclosure of Medical Information by Employers [56.20 - 56.245] ( Chapter 3 added by Stats. 1981, Ch. 782, Sec. 2. )

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    Employers that receive medical information must set up procedures to protect confidentiality and block unauthorized 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 3. Use and Disclosure of Medical Information by Employers [56.20 - 56.245] ( Chapter 3 added by Stats. 1981, Ch. 782, Sec. 2. ) ## 56.20. (a) Each employer who receives medical information shall establish appropriate procedures to ensure the confidentiality and protection from unauthorized use and disclosure of that information. These procedures may include, but are not limited to, instruction regarding confidentiality of employees and agents handling files containing medical information, and security systems restricting access to files containing medical information. (b) No employee shall be discriminated against in terms or conditions of employment due to that employee’s refusal to sign an authorization under this part. However, nothing in this section shall prohibit an employer from taking such action as is necessary in the absence of medical information due to an employee’s refusal to sign an authorization under this part. (c) No employer shall use, disclose, or knowingly permit its employees or agents to use or disclose medical information which the employer possesses pertaining to its employees without the patient having first signed an authorization under Section 56.11 or Section 56.21 permitting such use or disclosure, except as follows: (1) The information may be disclosed if the disclosure is compelled by judicial or administrative process or by any other specific provision of law. (2) That part of the information which is relevant in a lawsuit, arbitration, grievance, or other claim or challenge to which the employer and employee are parties and in which the patient has placed in issue his or her medical history, mental or physical condition, or treatment may be used or disclosed in connection with that proceeding. (3) The information may be used only for the purpose of administering and maintaining employee benefit plans, including health care plans and plans providing short-term and long-term disability income, workers’ compensation and for determining eligibility for paid and unpaid leave from work for medical reasons. (4) The information may be disclosed to a provider of health care or other health care professional or facility to aid the diagnosis or treatment of the patient, where the patient or other person specified in subdivision (c) of Section 56. 21 is unable to authorize the disclosure. (d) If an employer agrees in writing with one or more of its employees or maintains a written policy which provides that particular types of medical information shall not be used or disclosed by the employer in particular ways, the employer shall obtain an authorization for such uses or disclosures even if an authorization would not otherwise be required by subdivision (c). (Repealed and added by Stats. 1981, Ch. 782, Sec. 2.)
  5. 56.21.

    ## 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 3. Use and Disclosure of Medical Information by Employers [56.20 - 56.245] ( Chapter 3 added by Stats. 1981, Ch. 782, Sec. 2. )

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    A medical-information authorization for an employer is valid only if it meets the listed form, signature, content, and expiration requirements.

    ## 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 3. Use and Disclosure of Medical Information by Employers [56.20 - 56.245] ( Chapter 3 added by Stats. 1981, Ch. 782, Sec. 2. ) ## 56.21. An authorization for an employer to disclose medical information shall be valid if the authorization complies with all of the following: (a) Is handwritten or is in a typeface no smaller than 14-point type. (b) Is clearly separate from any other language present on the same page and is executed by a signature that serves no purpose other than to execute the authorization. (c) Is signed, including with an electronic or handwritten signature, and dated by one of the following: (1) The patient, except that a patient who is a minor may only sign an authorization for the disclosure of medical information obtained by a provider of health care 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. (2) 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 that pertains to a competent minor and that was created by a provider of health care 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. (3) 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. (d) States the limitations, if any, on the types of medical information to be disclosed. (e) States the name or functions of the employer or person authorized to disclose the medical information. (f) States the names or functions of the persons or entities authorized to receive the medical information. (g) States the limitations, if any, on the use of the medical information by the persons or entities authorized to receive the medical information. (h) 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. (i) Advises the person who signed the authorization of the right to receive a copy of the authorization. (j) If an employer or any other entity seeks an authorization from an individual for a use or disclosure of protected health information, the employer 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. 4. (AB 1697) Effective January 1, 2024.)
  6. 56.22.

    ## 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 3. Use and Disclosure of Medical Information by Employers [56.20 - 56.245] ( Chapter 3 added by Stats. 1981, Ch. 782, Sec. 2. )

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    If a patient or the person who signed an authorization asks for it, an employer that has the authorization must provide a true copy.

    ## 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 3. Use and Disclosure of Medical Information by Employers [56.20 - 56.245] ( Chapter 3 added by Stats. 1981, Ch. 782, Sec. 2. ) ## 56.22. Upon demand by the patient or the person who signed an authorization, an employer possessing the authorization shall furnish a true copy thereof. (Repealed and added by Stats. 1981, Ch. 782, Sec. 2.)
  7. 56.23.

    ## 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 3. Use and Disclosure of Medical Information by Employers [56.20 - 56.245] ( Chapter 3 added by Stats. 1981, Ch. 782, Sec. 2. )

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    An employer that discloses medical information under a required authorization 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 3. Use and Disclosure of Medical Information by Employers [56.20 - 56.245] ( Chapter 3 added by Stats. 1981, Ch. 782, Sec. 2. ) ## 56.23. An employer that discloses medical information pursuant to an authorization 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 employer 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 employer disclosed the medical information. (Added by Stats. 1981, Ch. 782, Sec. 2.)
  8. 56.24.

    ## 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 3. Use and Disclosure of Medical Information by Employers [56.20 - 56.245] ( Chapter 3 added by Stats. 1981, Ch. 782, Sec. 2. )

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    A person who may sign the authorization may cancel or change it, but the change is effective only after the employer actually receives written notice.

    ## 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 3. Use and Disclosure of Medical Information by Employers [56.20 - 56.245] ( Chapter 3 added by Stats. 1981, Ch. 782, Sec. 2. ) ## 56.24. Nothing in this part shall be construed to prevent a person who could sign the authorization pursuant to subdivision (c) of Section 56.21 from cancelling or modifying an authorization. However, the cancellation or modification shall be effective only after the employer actually receives written notice of the cancellation or modification. (Repealed and added by Stats. 1981, Ch. 782, Sec. 2.)
  9. 56.245.

    ## 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 3. Use and Disclosure of Medical Information by Employers [56.20 - 56.245] ( Chapter 3 added by Stats. 1981, Ch. 782, Sec. 2. )

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    A recipient of medical information received under this chapter may not disclose it again unless a new Section 56.21-compliant authorization applies, or another provision of this chapter or law specifically requires or allows the 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 3. Use and Disclosure of Medical Information by Employers [56.20 - 56.245] ( Chapter 3 added by Stats. 1981, Ch. 782, Sec. 2. ) ## 56.245. A recipient of medical information pursuant to an authorization as provided by this chapter may not further disclose such medical information unless in accordance with a new authorization that meets the requirements of Section 56. 21, or as specifically required or permitted by other provisions of this chapter or by law. (Added by Stats. 1981, Ch. 782, Sec. 2.)
  10. 56.25.

    ## 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 4. Relationship of Chapters 2 and 3 [56.25- 56.25.] ( Chapter 4 added by Stats. 1981, Ch. 782, Sec. 2. )

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    This section states when certain employers and health care providers are not treated as violating related confidentiality sections if they disclose medical information under the specified chapters.

    ## 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 4. Relationship of Chapters 2 and 3 [56.25- 56.25.] ( Chapter 4 added by Stats. 1981, Ch. 782, Sec. 2. ) ## 56.25. (a) An employer that is a provider of health care shall not be deemed to have violated Section 56.20 by disclosing, in accordance with Chapter 2 (commencing with Section 56.10), medical information possessed in connection with providing health care services to the provider’s patients. (b) An employer shall not be deemed to have violated Section 56.20 because a provider of health care that is an employee or agent of the employer uses or discloses, in accordance with Chapter 2 (commencing with Section 56.10), medical information possessed by the provider in connection with providing health care services to the provider’s patients. (c) A provider of health care that is an employer shall not be deemed to have violated Section 56.10 by disclosing, in accordance with Chapter 3 (commencing with Section 56.20), medical information possessed in connection with employing the provider’s employees. Information maintained by a provider of health care in connection with employing the provider’s employees shall not be deemed to be medical information for purposes of Chapter 3 (commencing with Section 56.20), unless it would be deemed medical information if received or maintained by an employer that is not a provider of health care. (Repealed and added by Stats. 1981, Ch. 782, Sec. 2.)
  11. 56.251.

    ## 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 4.1. Notifications [56.251- 56.251.] ( Chapter 4.1 added by Stats. 2022, Ch. 690, Sec. 3. )

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    A business that offers a mental health digital service must give the health care provider information on how to find data breaches reported under Section 1798.82 on the Attorney General’s website when partnering with that provider.

    ## 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 4.1. Notifications [56.251- 56.251.] ( Chapter 4.1 added by Stats. 2022, Ch. 690, Sec. 3. ) ## 56.251. When partnering with a provider of health care to provide a mental health digital service, any business that offers a mental health digital service shall provide to the provider of health care information regarding how to find data breaches reported pursuant to Section 1798.82 on the internet website of the Attorney General. (Added by Stats. 2022, Ch. 690, Sec. 3. (AB 2089) Effective January 1, 2023.)
  12. 56.26.

    ## 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 5. Use and Disclosure of Medical and Other Information by Third Party Administrators and Others [56.26 - 56.265] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 278, Sec. 1. )

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    Administrative service providers for health care payment programs must not knowingly use or disclose medical information, except for necessary administration, when required by law, or with 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 5. Use and Disclosure of Medical and Other Information by Third Party Administrators and Others [56.26 - 56.265] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 278, Sec. 1. ) ## 56.26. (a) No person or entity engaged in the business of furnishing administrative services to programs that provide payment for health care services shall knowingly use, disclose, or permit its employees or agents to use or disclose medical information possessed in connection with performing administrative functions for a program, except as reasonably necessary in connection with the administration or maintenance of the program, or as required by law, or with an authorization. (b) An authorization required by this section shall be in the same form as described in Section 56.21, except that “third party administrator” shall be substituted for “employer” wherever it appears in Section 56.21. (c) This section shall not apply to any person or entity that is subject to the Insurance Information Privacy Act or to Chapter 2 (commencing with Section 56.10) or Chapter 3 (commencing with Section 56.20). (Amended by Stats. 2004, Ch. 183, Sec. 24. Effective January 1, 2005.)
  13. 56.265.

    ## 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 5. Use and Disclosure of Medical and Other Information by Third Party Administrators and Others [56.26 - 56.265] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 278, Sec. 1. )

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    Certain insurers and their affiliates must not share a customer’s identifiable health, medical, or genetic information with depository institutions or other third parties for credit-granting purposes.

    ## 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 5. Use and Disclosure of Medical and Other Information by Third Party Administrators and Others [56.26 - 56.265] ( Heading of Chapter 5 amended by Stats. 2000, Ch. 278, Sec. 1. ) ## 56.265. A person or entity that underwrites or sells annuity contracts or contracts insuring, guaranteeing, or indemnifying against loss, harm, damage, illness, disability, or death, and any affiliate of that person or entity, shall not disclose individually identifiable information concerning the health of, or the medical or genetic history of, a customer, to any affiliated or nonaffiliated depository institution, or to any other affiliated or nonaffiliated third party for use with regard to the granting of credit. (Added by Stats. 2000, Ch. 278, Sec. 2. Effective January 1, 2001.)
  14. 56.27.

    ## 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 6. Relationship to Existing Law [56.27 - 56.31] ( Chapter 6 added by Stats. 1981, Ch. 782, Sec. 2. )

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    Certain insurance-related employers are not treated as violating Section 56.20 when they disclose medical information gathered for an insurance transaction, if they do so under the referenced Insurance Information and Privacy Protection 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 6. Relationship to Existing Law [56.27 - 56.31] ( Chapter 6 added by Stats. 1981, Ch. 782, Sec. 2. ) ## 56.27. An employer that is an insurance institution, insurance agent, or insurance support organization subject to the Insurance Information and Privacy Protection Act, Article 6.6 (commencing with Section 791) of Part 2 of Division 1 of the Insurance Code, shall not be deemed to have violated Section 56.20 by disclosing medical information gathered in connection with an insurance transaction in accordance with that act. (Added by Stats. 1981, Ch. 782, Sec. 2.)
  15. 56.28.

    ## 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 6. Relationship to Existing Law [56.27 - 56.31] ( Chapter 6 added by Stats. 1981, Ch. 782, Sec. 2. )

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    This section says the part does not change existing laws on a patient’s access to their own medical information, disclosures under Evidence Code Section 1158, or privileges under the Evidence 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 6. Relationship to Existing Law [56.27 - 56.31] ( Chapter 6 added by Stats. 1981, Ch. 782, Sec. 2. ) ## 56.28. Nothing in this part shall be deemed to affect existing laws relating to a patient’s right of access to his or her own medical information, or relating to disclosures made pursuant to Section 1158 of the Evidence Code, or relating to privileges established under the Evidence Code. (Added by Stats. 1981, Ch. 782, Sec. 2.)
  16. 56.29.

    ## 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 6. Relationship to Existing Law [56.27 - 56.31] ( Chapter 6 added by Stats. 1981, Ch. 782, Sec. 2. )

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    Medical information about a patient may not be acquired or disclosed without the authorization required by this part.

    ## 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 6. Relationship to Existing Law [56.27 - 56.31] ( Chapter 6 added by Stats. 1981, Ch. 782, Sec. 2. ) ## 56.29. (a) Nothing in Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 shall be construed to permit the acquisition or disclosure of medical information regarding a patient without an authorization, where the authorization is required by this part. (b) The disclosure of medical information regarding a patient which is subject to subdivision (b) of Section 1798.24 shall be made only with an authorization which complies with the provisions of this part. Such disclosure may be made only within the time limits specified in subdivision (b) of Section 1798.24. (c) Where the acquisition or disclosure of medical information regarding a patient is prohibited or limited by any provision of Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3, the prohibition or limit shall be applicable in addition to the requirements of this part. (Repealed and added by Stats. 1981, Ch. 782, Sec. 2.)
  17. 56.30.

    ## 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 6. Relationship to Existing Law [56.27 - 56.31] ( Chapter 6 added by Stats. 1981, Ch. 782, Sec. 2. )

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    This section says certain listed medical information disclosures and uses are not limited by this part, and it preserves the California Health Facilities Commission’s authority to collect patient discharge information.

    ## 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 6. Relationship to Existing Law [56.27 - 56.31] ( Chapter 6 added by Stats. 1981, Ch. 782, Sec. 2. ) ## 56.30. The disclosure and use of the following medical information shall not be subject to the limitations of this part: (a) (Mental health and developmental disabilities) Information and records obtained in the course of providing services under Division 4 (commencing with Section 4000), Division 4.1 (commencing with Section 4400), Division 4.5 (commencing with Section 4500), Division 5 (commencing with Section 5000), Division 6 (commencing with Section 6000), or Division 7 (commencing with Section 7100) of the Welfare and Institutions Code. (b) (Public social services) Information and records that are subject to Sections 10850, 14124.1, and 14124.2 of the Welfare and Institutions Code. (c) (State health services, communicable diseases, developmental disabilities) Information and records maintained pursuant to former Chapter 2 (commencing with Section 200) of Part 1 of Division 1 of the Health and Safety Code and pursuant to the Communicable Disease Prevention and Control Act (subdivision (a) of Section 27 of the Health and Safety Code). (d) (Licensing and statistics) Information and records maintained pursuant to Division 2 (commencing with Section 1200) and Part 1 (commencing with Section 102100) of Division 102 of the Health and Safety Code; pursuant to Chapter 3 (commencing with Section 1200) of Division 2 of the Business and Professions Code; and pursuant to Section 8608, 8817, or 8909 of the Family Code. (e) (Medical survey, workers’ safety) Information and records acquired and maintained or disclosed pursuant to Sections 1380 and 1382 of the Health and Safety Code and pursuant to Division 5 (commencing with Section 6300) of the Labor Code. (f) (Industrial accidents) Information and records acquired, maintained, or disclosed pursuant to Division 1 (commencing with Section 50), Division 4 (commencing with Section 3200), Division 4.5 (commencing with Section 6100), and Division 4.7 (commencing with Section 6200) of the Labor Code. (g) (Law enforcement) Information and records maintained by a health facility which are sought by a law enforcement agency under Chapter 3.5 (commencing with Section 1543) of Title 12 of Part 2 of the Penal Code. (h) (Investigations of employment accident or illness) Information and records sought as part of an investigation of an on-the-job accident or illness pursuant to Division 5 (commencing with Section 6300) of the Labor Code or pursuant to Section 105200 of the Health and Safety Code. (i) (Alcohol or drug abuse) Information and records subject to the federal alcohol and drug abuse regulations (Part 2 (commencing with Section 2.1) of Subchapter A of Chapter 1 of Title 42 of the Code of Federal Regulations) or to Section 11845.5 of the Health and Safety Code dealing with alcohol and drug abuse. (j) (Patient discharge data) Nothing in this part shall be construed to limit, expand, or otherwise affect the authority of the California Health Facilities Commission to collect patient discharge information from health facilities. (k) Medical information and records disclosed to, and their use by, the Insurance Commissioner, the Director of the Department of Managed Health Care, the Division of Industrial Accidents, the Workers’ Compensation Appeals Board, the Department of Insurance, or the Department of Managed Health Care. (l) Medical information and records related to services provided on and after January 1, 2006, disclosed to, and their use by, the Managed Risk Medical Insurance Board to the same extent that those records are required to be provided to the board related to services provided on and after July 1, 2009, to comply with Section 403 of the federal Children’s Health Insurance Program Reauthorization Act of 2009 (Public Law 111-3), applying subdivision (c) of Section 1932 of the federal Social Security Act. (Amended by Stats. 2014, Ch. 71, Sec. 14. (SB 1304) Effective January 1, 2015.)
  18. 56.31.

    ## 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 6. Relationship to Existing Law [56.27 - 56.31] ( Chapter 6 added by Stats. 1981, Ch. 782, Sec. 2. )

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    Medical information about whether a patient has or was exposed to HIV may not be disclosed or used without the patient’s prior authorization, except for an injured worker making a claim about an exposure incident arising out of and in the course of employment.

    ## 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 6. Relationship to Existing Law [56.27 - 56.31] ( Chapter 6 added by Stats. 1981, Ch. 782, Sec. 2. ) ## 56.31. Notwithstanding any other provision of law, nothing in subdivision (f) of Section 56.30 shall permit the disclosure or use of medical information regarding whether a patient is infected with or exposed to the human immunodeficiency virus without the prior authorization from the patient unless the patient is an injured worker claiming to be infected with or exposed to the human immunodeficiency virus through an exposure incident arising out of and in the course of employment. (Added by Stats. 1999, Ch. 766, Sec. 1. Effective January 1, 2000.)
  19. 56.35.

    ## 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 7. Violations [56.35 - 56.37] ( Chapter 7 added by Stats. 1981, Ch. 782, Sec. 2. )

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    A qualifying patient may recover damages, fees, and litigation costs if their medical information was used or disclosed in violation of specified confidentiality provisions and they suffered economic loss or personal injury.

    ## 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 7. Violations [56.35 - 56.37] ( Chapter 7 added by Stats. 1981, Ch. 782, Sec. 2. ) ## 56.35. In addition to any other remedies available at law, a patient whose medical information has been used or disclosed in violation of Section 56.10, 56.104, 56.107, or 56.20 or subdivision (a) of Section 56.26 and who has sustained economic loss or personal injury therefrom may recover compensatory damages, punitive damages not to exceed three thousand dollars ($3,000), attorney’s fees not to exceed one thousand dollars ($1,000), and the costs of litigation. (Amended by Stats. 2021, Ch. 190, Sec. 4. (AB 1184) Effective January 1, 2022.)
  20. 56.36.

    ## 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 7. Violations [56.35 - 56.37] ( Chapter 7 added by Stats. 1981, Ch. 782, Sec. 2. )

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    Violations of this medical confidentiality part can trigger misdemeanor treatment, civil penalties, damages, and attorney’s fees, depending on the type of conduct and who committed 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 7. Violations [56.35 - 56.37] ( Chapter 7 added by Stats. 1981, Ch. 782, Sec. 2. ) ## 56.36. (a) A violation of the provisions of this part that results in economic loss or personal injury to a patient is punishable as a misdemeanor. (b) In addition to any other remedies available at law, an individual may bring an action against a person or entity who has negligently released confidential information or records concerning him or her in violation of this part, for either or both of the following: (1) Except as provided in subdivision (e), nominal damages of one thousand dollars ($1,000). In order to recover under this paragraph, it is not necessary that the plaintiff suffered or was threatened with actual damages. (2) The amount of actual damages, if any, sustained by the patient. (c) (1) In addition, a person or entity that negligently discloses medical information in violation of the provisions of this part shall also be liable, irrespective of the amount of damages suffered by the patient as a result of that violation, for an administrative fine or civil penalty not to exceed two thousand five hundred dollars ($2,500) per violation. (2) (A) A person or entity, other than a licensed health care professional, who knowingly and willfully obtains, discloses, or uses medical information in violation of this part shall be liable for an administrative fine or civil penalty not to exceed twenty-five thousand dollars ($25,000) per violation. (B) A licensed health care professional who knowingly and willfully obtains, discloses, or uses medical information in violation of this part shall be liable on a first violation for an administrative fine or civil penalty not to exceed two thousand five hundred dollars ($2,500) per violation, on a second violation for an administrative fine or civil penalty not to exceed ten thousand dollars ($10,000) per violation, or on a third and subsequent violation for an administrative fine or civil penalty not to exceed twenty-five thousand dollars ($25,000) per violation. This subdivision shall not be construed to limit the liability of a health care service plan, a contractor, or a provider of health care that is not a licensed health care professional for a violation of this part. (3) (A) A person or entity, other than a licensed health care professional, who knowingly or willfully obtains or uses medical information in violation of this part for the purpose of financial gain shall be liable for an administrative fine or civil penalty not to exceed two hundred fifty thousand dollars ($250,000) per violation and shall also be subject to disgorgement of any proceeds or other consideration obtained as a result of the violation. (B) A licensed health care professional who knowingly and willfully obtains, discloses, or uses medical information in violation of this part for financial gain shall be liable on a first violation for an administrative fine or civil penalty not to exceed five thousand dollars ($5,000) per violation, on a second violation for an administrative fine or civil penalty not to exceed twenty-five thousand dollars ($25,000) per violation, or on a third and subsequent violation for an administrative fine or civil penalty not to exceed two hundred fifty thousand dollars ($250,000) per violation and shall also be subject to disgorgement of any proceeds or other consideration obtained as a result of the violation. This subdivision shall not be construed to limit the liability of a health care service plan, a contractor, or a provider of health care that is not a licensed health care professional for any violation of this part. (4) This subdivision shall not be construed as authorizing an administrative fine or civil penalty under both paragraphs (2) and (3) for the same violation. (5) A person or entity who is not permitted to receive medical information pursuant to this part and who knowingly and willfully obtains, discloses, or uses medical information without written authorization from the patient shall be liable for a civil penalty not to exceed two hundred fifty thousand dollars ($250,000) per violation. (d) In assessing the amount of an administrative fine or civil penalty pursuant to subdivision (c), the State Department of Public Health, licensing agency, or certifying board or court shall consider any of the relevant circumstances presented by any of the parties to the case including, but not limited to, the following: (1) Whether the defendant has made a reasonable, good faith attempt to comply with this part. (2) The nature and seriousness of the misconduct. (3) The harm to the patient, enrollee, or subscriber. (4) The number of violations. (5) The persistence of the misconduct. (6) The length of time over which the misconduct occurred. (7) The willfulness of the defendant’s misconduct. (8) The defendant’s assets, liabilities, and net worth. (e) (1) In an action brought by an individual pursuant to subdivision (b) on or after January 1, 2013, in which the defendant establishes the affirmative defense in paragraph (2), the court shall award any actual damages and reasonable attorney’s fees and costs, but shall not award nominal damages for a violation of this part. (2) The defendant is entitled to an affirmative defense if all of the following are established, subject to the equitable considerations in paragraph (3): (A) The defendant is a covered entity or business associate, as defined in Section 160.103 of Title 45 of the Code of Federal Regulations, in effect as of January 1, 2012. (B) The defendant has complied with any obligations to notify all persons entitled to receive notice regarding the release of the information or records. (C) The release of confidential information or records was solely to another covered entity or business associate. (D) The release of confidential information or records was not an incident of medical identity theft. For purposes of this subparagraph, “medical identity theft” means the use of an individual’s personal information, as defined in Section 1798.80, without the individual’s knowledge or consent, to obtain medical goods or services, or to submit false claims for medical services. (E) The defendant took appropriate preventive actions to protect the confidential information or records against release consistent with the defendant’s obligations under this part or other applicable state law and the Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191) (HIPAA) and all HIPAA Administrative Simplification Regulations in effect on January 1, 2012, contained in Parts 160, 162, and 164 of Title 45 of the Code of Federal Regulations, and Part 2 of Title 42 of the Code of Federal Regulations, including, but not limited to, all of the following: (i) Developing and implementing security policies and procedures. (ii) Designating a security official who is responsible for developing and implementing its security policies and procedures, including educating and training the workforce. (iii) Encrypting the information or records, and protecting against the release or use of the encryption key and passwords, or transmitting the information or records in a manner designed to provide equal or greater protections against improper disclosures. (F) The defendant took reasonable and appropriate corrective action after the release of the confidential information or records, and the covered entity or business associate that received the confidential information or records destroyed or returned the confidential information or records in the most expedient time possible and without unreasonable delay, consistent with any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system. A court may consider this subparagraph to be established if the defendant shows in detail that the covered entity or business associate could not destroy or return the confidential information or records because of the technology utilized. (G) The covered entity or business associate that received the confidential information or records, or any of its agents, independent contractors, or employees, regardless of the scope of the employee’s employment, did not retain, use, or release the information or records. (H) After the release of the confidential information or records, the defendant took reasonable and appropriate action to prevent a future similar release of confidential information or records. (I) The defendant has not previously established an affirmative defense pursuant to this subdivision, or the court determines, in its discretion, that application of the affirmative defense is compelling and consistent with the purposes of this section to promote reasonable conduct in light of all the facts. (3) (A) In determining whether the affirmative defense may be established pursuant to paragraph (2), the court shall consider the equity of the situation, including, but not limited to, (i) whether the defendant has previously violated this part, regardless of whether an action has previously been brought, and (ii) the nature of the prior violation. (B) To the extent the court allows discovery to determine whether there has been any other violation of this part that the court will consider in balancing the equities, the defendant shall not provide any medical information, as defined in Section 56.05. The court, in its discretion, may enter a protective order prohibiting the further use of any personal information, as defined in Section 1798.80, about the individual whose medical information may have been disclosed in a prior violation. (4) In an action under this subdivision in which the defendant establishes the affirmative defense pursuant to paragraph (2), a plaintiff shall be entitled to recover reasonable attorney’s fees and costs without regard to an award of actual or nominal damages or the imposition of administrative fines or civil penalties. (5) In an action brought by an individual pursuant to subdivision (b) on or after January 1, 2013, in which the defendant establishes the affirmative defense pursuant to paragraph (2), a defendant shall not be liable for more than one judgment on the merits under this subdivision for releases of confidential information or records arising out of the same event, transaction, or occurrence. (f) (1) The civil penalty pursuant to subdivision (c) shall be assessed and recovered in a civil action brought in the name of the people of the State of California in any court of competent jurisdiction by any of the following: (A) The Attorney General. (B) A district attorney. (C) A county counsel authorized by agreement with the district attorney in actions involving violation of a county ordinance. (D) A city attorney of a city. (E) A city attorney of a city and county having a population in excess of 750,000, with the consent of the district attorney. (F) A city prosecutor in a city having a full-time city prosecutor or, with the consent of the district attorney, by a city attorney in a city and county. (G) The State Public Health Officer, or his or her designee, may recommend that a person described in subparagraphs (A) to (F), inclusive, bring a civil action under this section. (2) If the action is brought by the Attorney General, one-half of the penalty collected shall be paid to the treasurer of the county in which the judgment was entered, and one-half to the General Fund. If the action is brought by a district attorney or county counsel, the penalty collected shall be paid to the treasurer of the county in which the judgment was entered. Except as provided in paragraph (3), if the action is brought by a city attorney or city prosecutor, one-half of the penalty collected shall be paid to the treasurer of the city in which the judgment was entered and one-half to the treasurer of the county in which the judgment was entered. (3) If the action is brought by a city attorney of a city and county, the entire amount of the penalty collected shall be paid to the treasurer of the city and county in which the judgment was entered. (4) This section shall not be construed as authorizing both an administrative fine and civil penalty for the same violation. (5) Imposition of a fine or penalty provided for in this section shall not preclude imposition of other sanctions or remedies authorized by law. (6) Administrative fines or penalties issued pursuant to Section 1280.15 of the Health and Safety Code shall offset any other administrative fine or civil penalty imposed under this section for the same violation. (g) For purposes of this section, “knowing” and “willful” shall have the same meanings as in Section 7 of the Penal Code. (h) A person who discloses protected medical information in accordance with the provisions of this part is not subject to the penalty provisions of this part. (Amended by Stats. 2015, Ch. 303, Sec. 26. (AB 731) Effective January 1, 2016.)
  21. 56.37.

    ## 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 7. Violations [56.35 - 56.37] ( Chapter 7 added by Stats. 1981, Ch. 782, Sec. 2. )

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    Health care providers, service plans, and contractors may not make patients sign disclosure authorizations as a condition of care, except for limited underwriting-related medical information requests by certain plans or insurers. Patient waivers are generally unenforceable unless specifically authorized.

    ## 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 7. Violations [56.35 - 56.37] ( Chapter 7 added by Stats. 1981, Ch. 782, Sec. 2. ) ## 56.37. (a) No provider of health care, health care service plan, or contractor may require a patient, as a condition of receiving health care services, 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. However, a health care service plan or disability insurer may require relevant enrollee or subscriber medical information as a condition of the medical underwriting process, provided that Sections 1374.7 and 1389.1 of the Health and Safety Code are strictly observed. (b) Any waiver by a patient of the provisions of this part, except as authorized by Section 56.11 or 56.21 or subdivision (b) of Section 56.26, shall be deemed contrary to public policy and shall be unenforceable. (Amended by Stats. 1999, Ch. 526, Sec. 9. Effective January 1, 2000.)
  22. 5600.

    ## 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 8. Assessments and Assessment Collection [5600 - 5740] ( Chapter 8 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Establishment and Imposition of Assessments [5600 - 5625] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. )

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    An association must levy enough regular and special assessments to meet its obligations, and it cannot charge an assessment or fee above the amount needed to cover the costs it is for.

    ## 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 8. Assessments and Assessment Collection [5600 - 5740] ( Chapter 8 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Establishment and Imposition of Assessments [5600 - 5625] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5600. (a) Except as provided in Section 5605, the association shall levy regular and special assessments sufficient to perform its obligations under the governing documents and this act. (b) An association shall not impose or collect an assessment or fee that exceeds the amount necessary to defray the costs for which it is levied. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  23. 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 8. Assessments and Assessment Collection [5600 - 5740] ( Chapter 8 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Establishment and Imposition of Assessments [5600 - 5625] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. )

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    The board cannot raise regular assessments or special assessments above certain limits without member approval, and extra limits apply to deed-restricted affordable housing units.

    ## 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 8. Assessments and Assessment Collection [5600 - 5740] ( Chapter 8 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Establishment and Imposition of Assessments [5600 - 5625] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5605. (a) Annual increases in regular assessments for any fiscal year shall not be imposed unless the board has complied with paragraphs (1), (2), (4), (5), (6), (7), and (8) of subdivision (b) of Section 5300 with respect to that fiscal year, or has obtained the approval of a majority of a quorum of members, pursuant to Section 4070, at a member meeting or election. (b) Notwithstanding more restrictive limitations placed on the board by the governing documents, the board may not impose a regular assessment that is more than 20 percent greater than the regular assessment for the association’s preceding fiscal year or impose special assessments which in the aggregate exceed 5 percent of the budgeted gross expenses of the association for that fiscal year without the approval of a majority of a quorum of members, pursuant to Section 4070, at a member meeting or election. (c) (1) (A) For an association that records its original declaration on or after January 1, 2025, notwithstanding more restrictive limitations placed on the board by the governing documents, except as provided in paragraph (3), the board shall not impose a regular assessment against an owner of a deed-restricted affordable housing unit that is more than 5 percent plus the percentage change in the cost of living, not to exceed 10 percent greater than the preceding regular assessment. (B) For purposes of this paragraph, “percentage change in the cost of living” means the percentage change from April 1 of the prior year to April 1 of the current year in the regional Consumer Price Index for the region where the residential real property is located, as published by the United States Bureau of Labor Statistics. If a regional index is not available, the California Consumer Price Index for All Urban Consumers for all items, as determined by the Department of Industrial Relations, shall apply. (2) For an association that records its original declaration on or after January 1, 2025, notwithstanding any other law, except as provided in paragraph (3), the board may impose an assessment against an owner of a deed-restricted affordable housing unit that is lower than the assessment imposed against other owners according to the proportional ownership of total subdivision interests subject to assessments. (3) This subdivision does not apply to any of the following: (A) A development where the percentage of the units, exclusive of a manager’s unit or units, that are deed-restricted affordable housing units exceeds the percentage required by an applicable zoning ordinance in effect at the time the development received final approval. (B) A development that is located within a city, county, or city and county that does not have an applicable zoning ordinance requiring a percentage of deed-restricted affordable housing units and meet either of the following conditions: (i) The percentage of the units, exclusive of a manager’s unit or units, that are deed-restricted affordable housing exceeds 10 percent of the total number of units in the development at the time the development received final approval. (ii) If the development met the requirements described in subparagraph (B) of paragraph (1) of subdivision (b) of Section 65912.122 of the Government Code and was approved pursuant to Section 65912.124 of the Government Code, the percentage of the units, exclusive of a manager’s unit or units, that are deed-restricted affordable housing exceeds 15 percent of the total number of units in the development at the time the development received final approval. (C) A development of 20 units or fewer. (d) For the purposes of this section, all of the following definitions apply: (1) “Affordable housing unit” means a unit occupied by, or available at affordable housing cost to, lower income and moderate-income households, as defined by Sections 50079.5 and 50052.5, respectively, of the Health and Safety Code. (2) “Final approval” has the same meaning as defined in clause (ii) of subparagraph (D) of paragraph (2) of subdivision (o) of Section 65589.5 of the Government Code. (3) “Quorum” means more than 50 percent of the members. (Amended by Stats. 2023, Ch. 745, Sec. 1. (AB 572) Effective January 1, 2024.)
  24. 5610.

    ## 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 8. Assessments and Assessment Collection [5600 - 5740] ( Chapter 8 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Establishment and Imposition of Assessments [5600 - 5625] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

    Assessment increases needed for emergency situations are not limited by Section 5605, but the board must pass a resolution with written findings before imposing or collecting the assessment.

    ## 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 8. Assessments and Assessment Collection [5600 - 5740] ( Chapter 8 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Establishment and Imposition of Assessments [5600 - 5625] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5610. Section 5605 does not limit assessment increases necessary for emergency situations. For purposes of this section, an emergency situation is any one of the following: (a) An extraordinary expense required by an order of a court. (b) An extraordinary expense necessary to operate, repair, or maintain the common interest development or any part of it for which the association is responsible where a threat to personal health or safety or another hazardous condition or circumstance on the property is discovered. (c) An extraordinary expense necessary to repair or maintain the common interest development or any part of it for which the association is responsible that could not have been reasonably foreseen by the board in preparing and distributing the annual budget report under Section 5300. However, before the imposition or collection of an assessment under this subdivision, the board shall pass a resolution containing written findings as to the necessity of the extraordinary expense involved and why the expense was not or could not have been reasonably foreseen in the budgeting process, and the resolution shall be distributed to the members with the notice of assessment. (Amended by Stats. 2024, Ch. 288, Sec. 3. (SB 900) Effective January 1, 2025.)
  25. 5615.

    ## 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 8. Assessments and Assessment Collection [5600 - 5740] ( Chapter 8 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Establishment and Imposition of Assessments [5600 - 5625] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

    The association must give members individual notice of increases in regular or special assessments.

    ## 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 8. Assessments and Assessment Collection [5600 - 5740] ( Chapter 8 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Establishment and Imposition of Assessments [5600 - 5625] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5615. The association shall provide individual notice pursuant to Section 4040 to the members of any increase in the regular or special assessments of the association, not less than 30 nor more than 60 days prior to the increased assessment becoming due. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  26. 5620.

    ## 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 8. Assessments and Assessment Collection [5600 - 5740] ( Chapter 8 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Establishment and Imposition of Assessments [5600 - 5625] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

    Regular assessments used to carry out an association’s obligations are exempt from execution by a judgment creditor, but only to the extent needed for essential services.

    ## 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 8. Assessments and Assessment Collection [5600 - 5740] ( Chapter 8 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Establishment and Imposition of Assessments [5600 - 5625] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5620. (a) Regular assessments imposed or collected to perform the obligations of an association under the governing documents or this act shall be exempt from execution by a judgment creditor of the association only to the extent necessary for the association to perform essential services, such as paying for utilities and insurance. In determining the appropriateness of an exemption, a court shall ensure that only essential services are protected under this subdivision. (b) This exemption shall not apply to any consensual pledges, liens, or encumbrances that have been approved by a majority of a quorum of members, pursuant to Section 4070, at a member meeting or election, or to any state tax lien, or to any lien for labor or materials supplied to the common area. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  27. 5625.

    ## 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 8. Assessments and Assessment Collection [5600 - 5740] ( Chapter 8 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Establishment and Imposition of Assessments [5600 - 5625] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

    An association generally cannot levy assessments based on taxable value, unless it had already done so by December 31, 2009; an association that pays taxes on the separate interests may levy the tax-related portion of assessments based on taxable value.

    ## 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 8. Assessments and Assessment Collection [5600 - 5740] ( Chapter 8 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Establishment and Imposition of Assessments [5600 - 5625] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5625. (a) Except as provided in subdivision (b), notwithstanding any provision of this act or the governing documents to the contrary, an association shall not levy assessments on separate interests within the common interest development based on the taxable value of the separate interests unless the association, on or before December 31, 2009, in accordance with its governing documents, levied assessments on those separate interests based on their taxable value, as determined by the tax assessor of the county in which the separate interests are located. (b) An association that is responsible for paying taxes on the separate interests within the common interest development may levy that portion of assessments on separate interests that is related to the payment of taxes based on the taxable value of the separate interest, as determined by the tax assessor. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  28. 5650.

    ## 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 8. Assessments and Assessment Collection [5600 - 5740] ( Chapter 8 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Assessment Payment and Delinquency [5650 - 5690] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

    For common interest development assessments, unpaid amounts become the owner’s debt, and the association may charge collection costs, limited late charges, and interest if the assessment is delinquent.

    ## 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 8. Assessments and Assessment Collection [5600 - 5740] ( Chapter 8 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Assessment Payment and Delinquency [5650 - 5690] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5650. (a) A regular or special assessment and any late charges, reasonable fees and costs of collection, reasonable attorney’s fees, if any, and interest, if any, as determined in accordance with subdivision (b), shall be a debt of the owner of the separate interest at the time the assessment or other sums are levied. (b) Regular and special assessments levied pursuant to the governing documents are delinquent 15 days after they become due, unless the declaration provides a longer time period, in which case the longer time period shall apply. If an assessment is delinquent, the association may recover all of the following: (1) Reasonable costs incurred in collecting the delinquent assessment, including reasonable attorney’s fees. (2) A late charge not exceeding 10 percent of the delinquent assessment or ten dollars ($10), whichever is greater, unless the declaration specifies a late charge in a smaller amount, in which case any late charge imposed shall not exceed the amount specified in the declaration. (3) Interest on all sums imposed in accordance with this section, including the delinquent assessments, reasonable fees and costs of collection, and reasonable attorney’s fees, at an annual interest rate not to exceed 12 percent, commencing 30 days after the assessment becomes due, unless the declaration specifies the recovery of interest at a rate of a lesser amount, in which case the lesser rate of interest shall apply. (c) Associations are hereby exempted from interest-rate limitations imposed by Article XV of the California Constitution, subject to the limitations of this section. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  29. 5655.

    ## 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 8. Assessments and Assessment Collection [5600 - 5740] ( Chapter 8 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Assessment Payment and Delinquency [5650 - 5690] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

    An association must give an owner a receipt on request and provide a mailing address for overnight payment of assessments.

    ## 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 8. Assessments and Assessment Collection [5600 - 5740] ( Chapter 8 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Assessment Payment and Delinquency [5650 - 5690] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5655. (a) Any payments made by the owner of a separate interest toward a debt described in subdivision (a) of Section 5650 shall first be applied to the assessments owed, and, only after the assessments owed are paid in full shall the payments be applied to the fees and costs of collection, attorney’s fees, late charges, or interest. (b) When an owner makes a payment, the owner may request a receipt and the association shall provide it. The receipt shall indicate the date of payment and the person who received it. (c) The association shall provide a mailing address for overnight payment of assessments. The address shall be provided in the annual policy statement. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  30. 5658.

    ## 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 8. Assessments and Assessment Collection [5600 - 5740] ( Chapter 8 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Assessment Payment and Delinquency [5650 - 5690] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

    If an owner and association dispute a charge and the amount is within small-claims limits, the owner may pay under protest and sue in small claims court.

    ## 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 8. Assessments and Assessment Collection [5600 - 5740] ( Chapter 8 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Assessment Payment and Delinquency [5650 - 5690] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5658. (a) If a dispute exists between the owner of a separate interest and the association regarding any disputed charge or sum levied by the association, including, but not limited to, an assessment, fine, penalty, late fee, collection cost, or monetary penalty imposed as a disciplinary measure, and the amount in dispute does not exceed the jurisdictional limits of the small claims court stated in Sections 116.220 and 116.221 of the Code of Civil Procedure, the owner of the separate interest may, in addition to pursuing dispute resolution pursuant to Article 3 (commencing with Section 5925) of Chapter 10, pay under protest the disputed amount and all other amounts levied, including any fees and reasonable costs of collection, reasonable attorney’s fees, late charges, and interest, if any, pursuant to subdivision (b) of Section 5650, and commence an action in small claims court pursuant to Chapter 5.5 (commencing with Section 116.110) of Title 1 of the Code of Civil Procedure. (b) Nothing in this section shall impede an association’s ability to collect delinquent assessments as provided in this article or Article 3 (commencing with Section 5700). (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  31. 5660.

    ## 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 8. Assessments and Assessment Collection [5600 - 5740] ( Chapter 8 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Assessment Payment and Delinquency [5650 - 5690] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

    Before recording a lien for past-due assessments, the association must send the owner a written notice by certified mail at least 30 days in advance and include specified debt and dispute 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 8. Assessments and Assessment Collection [5600 - 5740] ( Chapter 8 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Assessment Payment and Delinquency [5650 - 5690] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5660. At least 30 days prior to recording a lien upon the separate interest of the owner of record to collect a debt that is past due under Section 5650, the association shall notify the owner of record in writing by certified mail of the following: (a) A general description of the collection and lien enforcement procedures of the association and the method of calculation of the amount, a statement that the owner of the separate interest has the right to inspect the association records pursuant to Section 5205, and the following statement in 14-point boldface type, if printed, or in capital letters, if typed: “IMPORTANT NOTICE: IF YOUR SEPARATE INTEREST IS PLACED IN FORECLOSURE BECAUSE YOU ARE BEHIND IN YOUR ASSESSMENTS, IT MAY BE SOLD WITHOUT COURT ACTION.” (b) An itemized statement of the charges owed by the owner, including items on the statement which indicate the amount of any delinquent assessments, the fees and reasonable costs of collection, reasonable attorney’s fees, any late charges, and interest, if any. (c) A statement that the owner shall not be liable to pay the charges, interest, and costs of collection, if it is determined the assessment was paid on time to the association. (d) The right to request a meeting with the board as provided in Section 5665. (e) The right to dispute the assessment debt by submitting a written request for dispute resolution to the association pursuant to the association’s “meet and confer” program required in Article 2 (commencing with Section 5900) of Chapter 10. (f) The right to request alternative dispute resolution with a neutral third party pursuant to Article 3 (commencing with Section 5925) of Chapter 10 before the association may initiate foreclosure against the owner’s separate interest, except that binding arbitration shall not be available if the association intends to initiate a judicial foreclosure. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  32. 5665.

    ## 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 8. Assessments and Assessment Collection [5600 - 5740] ( Chapter 8 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Assessment Payment and Delinquency [5650 - 5690] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

    An owner may ask to meet with the board about a payment plan, and the association must give payment-plan standards if any exist.

    ## 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 8. Assessments and Assessment Collection [5600 - 5740] ( Chapter 8 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Assessment Payment and Delinquency [5650 - 5690] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5665. (a) An owner, other than an owner of any interest that is described in Section 11212 of the Business and Professions Code that is not otherwise exempt from this section pursuant to subdivision (a) of Section 11211.7 of the Business and Professions Code, may submit a written request to meet with the board to discuss a payment plan for the debt noticed pursuant to Section 5660. The association shall provide the owners the standards for payment plans, if any exists. (b) The board shall meet with the owner in executive session within 45 days of the postmark of the request, if the request is mailed within 15 days of the date of the postmark of the notice, unless there is no regularly scheduled board meeting within that period, in which case the board may designate a committee of one or more directors to meet with the owner. (c) Payment plans may incorporate any assessments that accrue during the payment plan period. Additional late fees shall not accrue during the payment plan period if the owner is in compliance with the terms of the payment plan. (d) Payment plans shall not impede an association’s ability to record a lien on the owner’s separate interest to secure payment of delinquent assessments. (e) In the event of a default on any payment plan, the association may resume its efforts to collect the delinquent assessments from the time prior to entering into the payment plan. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  33. 5670.

    ## 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 8. Assessments and Assessment Collection [5600 - 5740] ( Chapter 8 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Assessment Payment and Delinquency [5650 - 5690] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. )

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    Before recording a lien for delinquent assessments, the association must offer the owner dispute resolution options and, if the owner asks, participate in dispute resolution.

    ## 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 8. Assessments and Assessment Collection [5600 - 5740] ( Chapter 8 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Assessment Payment and Delinquency [5650 - 5690] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5670. Prior to recording a lien for delinquent assessments, an association shall offer the owner and, if so requested by the owner, participate in dispute resolution pursuant to the association’s “meet and confer” program required in Article 2 (commencing with Section 5900) of Chapter 10. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  34. 5673.

    ## 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 8. Assessments and Assessment Collection [5600 - 5740] ( Chapter 8 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Assessment Payment and Delinquency [5650 - 5690] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. )

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    For liens recorded on or after January 1, 2006, only the board may decide to record a lien for delinquent assessments, and it cannot delegate that decision to an agent.

    ## 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 8. Assessments and Assessment Collection [5600 - 5740] ( Chapter 8 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Assessment Payment and Delinquency [5650 - 5690] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5673. For liens recorded on or after January 1, 2006, the decision to record a lien for delinquent assessments shall be made only by the board and may not be delegated to an agent of the association. The board shall approve the decision by a majority vote of the directors in an open meeting. The board shall record the vote in the minutes of that 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.)
  35. 5675.

    ## 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 8. Assessments and Assessment Collection [5600 - 5740] ( Chapter 8 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Assessment Payment and Delinquency [5650 - 5690] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

    This section says a delinquent assessment notice must be recorded, include specified information, be signed, and a copy must be mailed by certified mail within 10 calendar days after recordation.

    ## 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 8. Assessments and Assessment Collection [5600 - 5740] ( Chapter 8 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Assessment Payment and Delinquency [5650 - 5690] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5675. (a) The amount of the assessment, plus any costs of collection, late charges, and interest assessed in accordance with subdivision (b) of Section 5650, shall be a lien on the owner’s separate interest in the common interest development from and after the time the association causes to be recorded with the county recorder of the county in which the separate interest is located, a notice of delinquent assessment, which shall state the amount of the assessment and other sums imposed in accordance with subdivision (b) of Section 5650, a legal description of the owner’s separate interest in the common interest development against which the assessment and other sums are levied, and the name of the record owner of the separate interest in the common interest development against which the lien is imposed. (b) The itemized statement of the charges owed by the owner described in subdivision (b) of Section 5660 shall be recorded together with the notice of delinquent assessment. (c) In order for the lien to be enforced by nonjudicial foreclosure as provided in Sections 5700 to 5710, inclusive, the notice of delinquent assessment shall state the name and address of the trustee authorized by the association to enforce the lien by sale. (d) The notice of delinquent assessment shall be signed by the person designated in the declaration or by the association for that purpose, or if no one is designated, by the president of the association. (e) A copy of the recorded notice of delinquent assessment shall be mailed by certified mail to every person whose name is shown as an owner of the separate interest in the association’s records, and the notice shall be mailed no later than 10 calendar days after recordation. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  36. 5680.

    ## 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 8. Assessments and Assessment Collection [5600 - 5740] ( Chapter 8 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Assessment Payment and Delinquency [5650 - 5690] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. )

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    A lien created under Section 5675 has priority over later-recorded liens, unless the declaration says it is subordinated.

    ## 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 8. Assessments and Assessment Collection [5600 - 5740] ( Chapter 8 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Assessment Payment and Delinquency [5650 - 5690] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5680. A lien created pursuant to Section 5675 shall be prior to all other liens recorded subsequent to the notice of delinquent assessment, except that the declaration may provide for the subordination thereof to any other liens and encumbrances. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  37. 5685.

    ## 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 8. Assessments and Assessment Collection [5600 - 5740] ( Chapter 8 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Assessment Payment and Delinquency [5650 - 5690] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. )

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    An association must record a lien release or rescission within 21 days after a delinquent assessment is paid, and if a lien was recorded in error, the recorder must also fix the record and notify the owner.

    ## 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 8. Assessments and Assessment Collection [5600 - 5740] ( Chapter 8 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Assessment Payment and Delinquency [5650 - 5690] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5685. (a) Within 21 days of the payment of the sums specified in the notice of delinquent assessment, the association shall record or cause to be recorded in the office of the county recorder in which the notice of delinquent assessment is recorded a lien release or notice of rescission and provide the owner of the separate interest a copy of the lien release or notice that the delinquent assessment has been satisfied. (b) If it is determined that a lien previously recorded against the separate interest was recorded in error, the party who recorded the lien shall, within 21 calendar days, record or cause to be recorded in the office of the county recorder in which the notice of delinquent assessment is recorded a lien release or notice of rescission and provide the owner of the separate interest with a declaration that the lien filing or recording was in error and a copy of the lien release or notice of rescission. (c) If it is determined that an association has recorded a lien for a delinquent assessment in error, the association shall promptly reverse all late charges, fees, interest, attorney’s fees, costs of collection, costs imposed for the notice prescribed in Section 5660, and costs of recordation and release of the lien authorized under subdivision (b) of Section 5720, and pay all costs related to any related dispute resolution or alternative dispute resolution. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  38. 5690.

    ## 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 8. Assessments and Assessment Collection [5600 - 5740] ( Chapter 8 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Assessment Payment and Delinquency [5650 - 5690] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. )

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    If an association does not follow the article’s procedures, it must restart the required notice process before recording a lien, and it must pay the restart 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 8. Assessments and Assessment Collection [5600 - 5740] ( Chapter 8 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Assessment Payment and Delinquency [5650 - 5690] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5690. An association that fails to comply with the procedures set forth in this article shall, prior to recording a lien, recommence the required notice process. Any costs associated with recommencing the notice process shall be borne by the association and not by the owner of a 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.)
  39. 57.

    ## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.7. Medical Claims Data Error Correction [57- 57.] ( Part 2.7 added by Stats. 2012, Ch. 869, Sec. 1. )

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    A qualified entity that receives claims data from a health care service plan or health insurer must follow federal error-correction requirements for all claims data it receives, including non-Medicare data.

    ## Civil Code - CIV ## DIVISION 1. PERSONS [38 - 86] ( Heading of Division 1 amended by Stats. 1988, Ch. 160, Sec. 12. ) ## PART 2.7. Medical Claims Data Error Correction [57- 57.] ( Part 2.7 added by Stats. 2012, Ch. 869, Sec. 1. ) ## 57. (a) A qualified entity, as defined in Section 1395kk(e)(2) of Title 42 of the United States Code, that receives claims data from a health care service plan or health insurer shall comply with the requirements governing provider and supplier requests for error correction established under Section 401.717 of Title 42 of the Code of Federal Regulations for all claims data received, including data from sources other than Medicare. (b) For purposes of this section, the following definitions apply: (1) “Provider” means a hospital, a skilled nursing facility, a comprehensive outpatient rehabilitation facility, a home health agency, a hospice, a clinic, or a rehabilitation agency. (2) “Supplier” means a physician and surgeon or other health care practitioner, or an entity that furnishes health care services other than a provider. (Added by Stats. 2012, Ch. 869, Sec. 1. (SB 1196) Effective January 1, 2013.)
  40. 5700.

    ## 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 8. Assessments and Assessment Collection [5600 - 5740] ( Chapter 8 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 3. Assessment Collection [5700 - 5740] ( Article 3 added by Stats. 2012, Ch. 180, Sec. 2. )

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    After 30 days from recording a lien created under Section 5675, the lien may be enforced as permitted by law; the section also does not bar an association from taking a deed in lieu of foreclosure.

    ## 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 8. Assessments and Assessment Collection [5600 - 5740] ( Chapter 8 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 3. Assessment Collection [5700 - 5740] ( Article 3 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5700. (a) Except as otherwise provided in this article, after the expiration of 30 days following the recording of a lien created pursuant to Section 5675, the lien may be enforced in any manner permitted by law, including sale by the court, sale by the trustee designated in the notice of delinquent assessment, or sale by a trustee substituted pursuant to Section 2934a. (b) Nothing in Article 2 (commencing with Section 5650) or in subdivision (a) of Section 726 of the Code of Civil Procedure prohibits actions against the owner of a separate interest to recover sums for which a lien is created pursuant to Article 2 (commencing with Section 5650) or prohibits an association from taking a deed in lieu of foreclosure. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  41. 5705.

    ## 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 8. Assessments and Assessment Collection [5600 - 5740] ( Chapter 8 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 3. Assessment Collection [5700 - 5740] ( Article 3 added by Stats. 2012, Ch. 180, Sec. 2. )

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    Before foreclosing, the association must offer dispute resolution, and the board must control and document the foreclosure decision and give notice to the owner.

    ## 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 8. Assessments and Assessment Collection [5600 - 5740] ( Chapter 8 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 3. Assessment Collection [5700 - 5740] ( Article 3 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5705. (a) Notwithstanding any law or any provisions of the governing documents to the contrary, this section shall apply to debts for assessments that arise on and after January 1, 2006. (b) Prior to initiating a foreclosure on an owner’s separate interest, the association shall offer the owner and, if so requested by the owner, participate in dispute resolution pursuant to the association’s “meet and confer” program required in Article 2 (commencing with Section 5900) of Chapter 10 or alternative dispute resolution as set forth in Article 3 (commencing with Section 5925) of Chapter 10. The decision to pursue dispute resolution or a particular type of alternative dispute resolution shall be the choice of the owner, except that binding arbitration shall not be available if the association intends to initiate a judicial foreclosure. (c) The decision to initiate foreclosure of a lien for delinquent assessments that has been validly recorded shall be made only by the board and may not be delegated to an agent of the association. The board shall approve the decision by a majority vote of the directors in an executive session. The board shall record the vote in the minutes of the next meeting of the board open to all members. The board shall maintain the confidentiality of the owner or owners of the separate interest by identifying the matter in the minutes by the parcel number of the property, rather than the name of the owner or owners. A board vote to approve foreclosure of a lien shall take place at least 30 days prior to any public sale. (d) The board shall provide notice by personal service in accordance with the manner of service of summons in Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure to an owner of a separate interest who occupies the separate interest or to the owner’s legal representative, if the board votes to foreclose upon the separate interest. The board shall provide written notice to an owner of a separate interest who does not occupy the separate interest by first-class mail, postage prepaid, at the most current address shown on the books of the association. In the absence of written notification by the owner to the association, the address of the owner’s separate interest may be treated as the owner’s mailing address. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  42. 5710.

    ## 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 8. Assessments and Assessment Collection [5600 - 5740] ( Chapter 8 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 3. Assessment Collection [5700 - 5740] ( Article 3 added by Stats. 2012, Ch. 180, Sec. 2. )

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    Trustee sales must follow specified foreclosure statutes, the association must serve the default notice, owners may name a legal representative, and trustee fees are capped.

    ## 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 8. Assessments and Assessment Collection [5600 - 5740] ( Chapter 8 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 3. Assessment Collection [5700 - 5740] ( Article 3 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5710. (a) Any sale by the trustee shall be conducted in accordance with Sections 2924, 2924b, and 2924c applicable to the exercise of powers of sale in mortgages and deeds of trust. (b) In addition to the requirements of Section 2924, the association shall serve a notice of default on the person named as the owner of the separate interest in the association’s records or, if that person has designated a legal representative pursuant to this subdivision, on that legal representative. Service shall be in accordance with the manner of service of summons in Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. An owner may designate a legal representative in a writing that is mailed to the association in a manner that indicates that the association has received it. (c) The fees of a trustee may not exceed the amounts prescribed in Sections 2924c and 2924d, plus the cost of service for either of the following: (1) The notice of default pursuant to subdivision (b). (2) The decision of the board to foreclose upon the separate interest of an owner as described in subdivision (d) of Section 5705. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  43. 5715.

    ## 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 8. Assessments and Assessment Collection [5600 - 5740] ( Chapter 8 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 3. Assessment Collection [5700 - 5740] ( Article 3 added by Stats. 2012, Ch. 180, Sec. 2. )

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    An association’s nonjudicial foreclosure for delinquent assessments is subject to a right of redemption, and the sale notice must say so.

    ## 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 8. Assessments and Assessment Collection [5600 - 5740] ( Chapter 8 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 3. Assessment Collection [5700 - 5740] ( Article 3 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5715. (a) Notwithstanding any law or any provisions of the governing documents to the contrary, this section shall apply to debts for assessments that arise on and after January 1, 2006. (b) A nonjudicial foreclosure by an association to collect upon a debt for delinquent assessments shall be subject to a right of redemption. The redemption period within which the separate interest may be redeemed from a foreclosure sale under this paragraph ends 90 days after the sale. In addition to the requirements of Section 2924f, a notice of sale in connection with an association’s foreclosure of a separate interest in a common interest development shall include a statement that the property is being sold subject to the right of redemption created in this section. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  44. 5720.

    ## 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 8. Assessments and Assessment Collection [5600 - 5740] ( Chapter 8 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 3. Assessment Collection [5700 - 5740] ( Article 3 added by Stats. 2012, Ch. 180, Sec. 2. )

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    Associations collecting certain delinquent assessments cannot foreclose if the debt is under $1,800, but they may use small claims court, record a lien, or use other lawful collection methods.

    ## 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 8. Assessments and Assessment Collection [5600 - 5740] ( Chapter 8 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 3. Assessment Collection [5700 - 5740] ( Article 3 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5720. (a) Notwithstanding any law or any provisions of the governing documents to the contrary, this section shall apply to debts for assessments that arise on and after January 1, 2006. (b) An association that seeks to collect delinquent regular or special assessments of an amount less than one thousand eight hundred dollars ($1,800), not including any accelerated assessments, late charges, fees and costs of collection, attorney’s fees, or interest, may not collect that debt through judicial or nonjudicial foreclosure, but may attempt to collect or secure that debt in any of the following ways: (1) By a civil action in small claims court, pursuant to Chapter 5.5 (commencing with Section 116.110) of Title 1 of Part 1 of the Code of Civil Procedure. An association that chooses to proceed by an action in small claims court, and prevails, may enforce the judgment as permitted under Article 8 (commencing with Section 116.810) of Chapter 5.5 of Title 1 of Part 1 of the Code of Civil Procedure. The amount that may be recovered in small claims court to collect upon a debt for delinquent assessments may not exceed the jurisdictional limits of the small claims court and shall be the sum of the following: (A) The amount owed as of the date of filing the complaint in the small claims court proceeding. (B) In the discretion of the court, an additional amount to that described in subparagraph (A) equal to the amount owed for the period from the date the complaint is filed until satisfaction of the judgment, which total amount may include accruing unpaid assessments and any reasonable late charges, fees and costs of collection, attorney’s fees, and interest, up to the jurisdictional limits of the small claims court. (2) By recording a lien on the owner’s separate interest upon which the association may not foreclose until the amount of the delinquent assessments secured by the lien, exclusive of any accelerated assessments, late charges, fees and costs of collection, attorney’s fees, or interest, equals or exceeds one thousand eight hundred dollars ($1,800) or the assessments secured by the lien are more than 12 months delinquent. An association that chooses to record a lien under these provisions, prior to recording the lien, shall offer the owner and, if so requested by the owner, participate in dispute resolution as set forth in Article 2 (commencing with Section 5900) of Chapter 10. (3) Any other manner provided by law, except for judicial or nonjudicial foreclosure. (c) The limitation on foreclosure of assessment liens for amounts under the stated minimum in this section does not apply to any of the following: (1) Assessments secured by a lien that are more than 12 months delinquent. (2) Assessments owed by owners of separate interests in time-share estates, as defined in subdivision (x) of Section 11212 of the Business and Professions Code. (3) Assessments owed by the developer. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  45. 5725.

    ## 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 8. Assessments and Assessment Collection [5600 - 5740] ( Chapter 8 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 3. Assessment Collection [5700 - 5740] ( Article 3 added by Stats. 2012, Ch. 180, Sec. 2. )

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    An association may place a lien on certain repair-related charges if the governing documents allow it, but it may not treat disciplinary penalties (other than late payments) as lienable assessments.

    ## 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 8. Assessments and Assessment Collection [5600 - 5740] ( Chapter 8 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 3. Assessment Collection [5700 - 5740] ( Article 3 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5725. (a) A monetary charge imposed by the association as a means of reimbursing the association for costs incurred by the association in the repair of damage to common area and facilities caused by a member or the member’s guest or tenant may become a lien against the member’s separate interest enforceable by the sale of the interest under Sections 2924, 2924b, and 2924c, provided the authority to impose a lien is set forth in the governing documents. It is the intent of the Legislature not to contravene Section 2792.26 of Title 10 of the California Code of Regulations, as that section appeared on January 1, 1996, for associations of subdivisions that are being sold under authority of a subdivision public report, pursuant to Part 2 (commencing with Section 11000) of Division 4 of the Business and Professions Code. (b) A monetary penalty imposed by the association as a disciplinary measure for failure of a member to comply with the governing documents, except for the late payments, may not be characterized nor treated in the governing documents as an assessment that may become a lien against the member’s separate interest enforceable by the sale of the interest under Sections 2924, 2924b, and 2924c. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  46. 5730.

    ## 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 8. Assessments and Assessment Collection [5600 - 5740] ( Chapter 8 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 3. Assessment Collection [5700 - 5740] ( Article 3 added by Stats. 2012, Ch. 180, Sec. 2. )

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    This section requires common-interest-development associations to include a specific foreclosure/assessment notice in the annual policy statement, and it sets rules for delinquent assessments, liens, foreclosure, payments, dispute review, and payment plans.

    ## 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 8. Assessments and Assessment Collection [5600 - 5740] ( Chapter 8 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 3. Assessment Collection [5700 - 5740] ( Article 3 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5730. (a) The annual policy statement, prepared pursuant to Section 5310, shall include the following notice, in at least 12-point type: “NOTICE ASSESSMENTS AND FORECLOSURE This notice outlines some of the rights and responsibilities of owners of property in common interest developments and the associations that manage them. Please refer to the sections of the Civil Code indicated for further information. A portion of the information in this notice applies only to liens recorded on or after January 1, 2003. You may wish to consult a lawyer if you dispute an assessment. ASSESSMENTS AND FORECLOSURE Assessments become delinquent 15 days after they are due, unless the governing documents provide for a longer time. The failure to pay association assessments may result in the loss of an owner’s property through foreclosure. Foreclosure may occur either as a result of a court action, known as judicial foreclosure, or without court action, often referred to as nonjudicial foreclosure. For liens recorded on and after January 1, 2006, an association may not use judicial or nonjudicial foreclosure to enforce that lien if the amount of the delinquent assessments or dues, exclusive of any accelerated assessments, late charges, fees, attorney’s fees, interest, and costs of collection, is less than one thousand eight hundred dollars ($1,800). For delinquent assessments or dues in excess of one thousand eight hundred dollars ($1,800) or more than 12 months delinquent, an association may use judicial or nonjudicial foreclosure subject to the conditions set forth in Article 3 (commencing with Section 5700) of Chapter 8 of Part 5 of Division 4 of the Civil Code. When using judicial or nonjudicial foreclosure, the association records a lien on the owner’s property. The owner’s property may be sold to satisfy the lien if the amounts secured by the lien are not paid. (Sections 5700 through 5720 of the Civil Code, inclusive) In a judicial or nonjudicial foreclosure, the association may recover assessments, reasonable costs of collection, reasonable attorney’s fees, late charges, and interest. The association may not use nonjudicial foreclosure to collect fines or penalties, except for costs to repair common area damaged by a member or a member’s guests, if the governing documents provide for this. (Section 5725 of the Civil Code) The association must comply with the requirements of Article 2 (commencing with Section 5650) of Chapter 8 of Part 5 of Division 4 of the Civil Code when collecting delinquent assessments. If the association fails to follow these requirements, it may not record a lien on the owner’s property until it has satisfied those requirements. Any additional costs that result from satisfying the requirements are the responsibility of the association. (Section 5675 of the Civil Code) At least 30 days prior to recording a lien on an owner’s separate interest, the association must provide the owner of record with certain documents by certified mail, including a description of its collection and lien enforcement procedures and the method of calculating the amount. It must also provide an itemized statement of the charges owed by the owner. An owner has a right to review the association’s records to verify the debt. (Section 5660 of the Civil Code) If a lien is recorded against an owner’s property in error, the person who recorded the lien is required to record a lien release within 21 days, and to provide an owner certain documents in this regard. (Section 5685 of the Civil Code) The collection practices of the association may be governed by state and federal laws regarding fair debt collection. Penalties can be imposed for debt collection practices that violate these laws. PAYMENTS When an owner makes a payment, the owner may request a receipt, and the association is required to provide it. On the receipt, the association must indicate the date of payment and the person who received it. The association must inform owners of a mailing address for overnight payments. (Section 5655 of the Civil Code) An owner may, but is not obligated to, pay under protest any disputed charge or sum levied by the association, including, but not limited to, an assessment, fine, penalty, late fee, collection cost, or monetary penalty imposed as a disciplinary measure, and by so doing, specifically reserve the right to contest the disputed charge or sum in court or otherwise. An owner may dispute an assessment debt by submitting a written request for dispute resolution to the association as set forth in Article 2 (commencing with Section 5900) of Chapter 10 of Part 5 of Division 4 of the Civil Code. In addition, an association may not initiate a foreclosure without participating in alternative dispute resolution with a neutral third party as set forth in Article 3 (commencing with Section 5925) of Chapter 10 of Part 5 of Division 4 of the Civil Code, if so requested by the owner. Binding arbitration shall not be available if the association intends to initiate a judicial foreclosure. An owner is not liable for charges, interest, and costs of collection, if it is established that the assessment was paid properly on time. (Section 5685 of the Civil Code) MEETINGS AND PAYMENT PLANS An owner of a separate interest that is not a time-share interest may request the association to consider a payment plan to satisfy a delinquent assessment. The association must inform owners of the standards for payment plans, if any exists. (Section 5665 of the Civil Code) The board must meet with an owner who makes a proper written request for a meeting to discuss a payment plan when the owner has received a notice of a delinquent assessment. These payment plans must conform with the payment plan standards of the association, if they exist. (Section 5665 of the Civil Code)” (b) An association distributing the notice required by this section to an owner of an interest that is described in Section 11212 of the Business and Professions Code that is not otherwise exempt from this section pursuant to subdivision (a) of Section 11211.7 of the Business and Professions Code may delete from the notice described in subdivision (a) the portion regarding meetings and payment plans. (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. 5735.

    ## 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 8. Assessments and Assessment Collection [5600 - 5740] ( Chapter 8 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 3. Assessment Collection [5700 - 5740] ( Article 3 added by Stats. 2012, Ch. 180, Sec. 2. )

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    An association generally may not voluntarily transfer or pledge its collection rights or lien-enforcement rights to a third party, except to certain licensed financial institutions or lenders as security for a loan. It may still assign unpaid obligations of a former member for collection.

    ## 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 8. Assessments and Assessment Collection [5600 - 5740] ( Chapter 8 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 3. Assessment Collection [5700 - 5740] ( Article 3 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5735. (a) An association may not voluntarily assign or pledge the association’s right to collect payments or assessments, or to enforce or foreclose a lien to a third party, except when the assignment or pledge is made to a financial institution or lender chartered or licensed under federal or state law, when acting within the scope of that charter or license, as security for a loan obtained by the association. (b) Nothing in subdivision (a) restricts the right or ability of an association to assign any unpaid obligations of a former member to a third party for purposes of collection. (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. 5740.

    ## 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 8. Assessments and Assessment Collection [5600 - 5740] ( Chapter 8 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 3. Assessment Collection [5700 - 5740] ( Article 3 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

    This article applies to liens created on or after January 1, 2003, unless another provision says otherwise.

    ## 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 8. Assessments and Assessment Collection [5600 - 5740] ( Chapter 8 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 3. Assessment Collection [5700 - 5740] ( Article 3 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5740. (a) Except as otherwise provided, this article applies to a lien created on or after January 1, 2003. (b) A lien created before January 1, 2003, is governed by the law in existence at the time the lien was created. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  49. 5800.

    ## 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 9. Insurance and Liability [5800 - 5810] ( Chapter 9 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

    Volunteer officers and directors of qualifying associations are generally protected from personal liability beyond the required insurance coverage, if specified 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 9. Insurance and Liability [5800 - 5810] ( Chapter 9 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5800. (a) A volunteer officer or volunteer director described in subdivision (e) of an association that manages a common interest development that is residential or mixed use shall not be personally liable in excess of the coverage of insurance specified in paragraph (4) to any person who suffers injury, including, but not limited to, bodily injury, emotional distress, wrongful death, or property damage or loss as a result of the tortious act or omission of the volunteer officer or volunteer director if all of the following criteria are met: (1) The act or omission was performed within the scope of the officer’s or director’s association duties. (2) The act or omission was performed in good faith. (3) The act or omission was not willful, wanton, or grossly negligent. (4) The association maintained and had in effect at the time the act or omission occurred and at the time a claim is made one or more policies of insurance that shall include coverage for (A) general liability of the association and (B) individual liability of officers and directors of the association for negligent acts or omissions in that capacity; provided that both types of coverage are in the following minimum amounts: (A) At least five hundred thousand dollars ($500,000) if the common interest development consists of 100 or fewer separate interests. (B) At least one million dollars ($1,000,000) if the common interest development consists of more than 100 separate interests. (b) The payment of actual expenses incurred by a director or officer in the execution of the duties of that position does not affect the director’s or officer’s status as a volunteer within the meaning of this section. (c) An officer or director who at the time of the act or omission was a declarant, or who received either direct or indirect compensation as an employee from the declarant, or from a financial institution that purchased a separate interest at a judicial or nonjudicial foreclosure of a mortgage or deed of trust on real property, is not a volunteer for the purposes of this section. (d) Nothing in this section shall be construed to limit the liability of the association for its negligent act or omission or for any negligent act or omission of an officer or director of the association. (e) This section shall only apply to a volunteer officer or director who is a tenant of a residential separate interest in the common interest development or is an owner of no more than two separate interests and whose ownership in the common interest development consists exclusively of residential separate interests. (f) (1) For purposes of paragraph (1) of subdivision (a), the scope of the officer’s or director’s association duties shall include, but shall not be limited to, both of the following decisions: (A) Whether to conduct an investigation of the common interest development for latent deficiencies prior to the expiration of the applicable statute of limitations. (B) Whether to commence a civil action against the builder for defects in design or construction. (2) It is the intent of the Legislature that this section clarify the scope of association duties to which the protections against personal liability in this section apply. It is not the intent of the Legislature that these clarifications be construed to expand, or limit, the fiduciary duties owed by the directors or officers. (Amended by Stats. 2017, Ch. 278, Sec. 2. (AB 1412) Effective January 1, 2018.)
  50. 5805.

    ## 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 9. Insurance and Liability [5800 - 5810] ( Chapter 9 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

    The association must keep certain general liability insurance in force, with the minimum amount depending on the number of separate 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 9. Insurance and Liability [5800 - 5810] ( Chapter 9 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5805. (a) It is the intent of the Legislature to offer civil liability protection to owners of the separate interests in a common interest development that have common area owned in tenancy-in-common if the association carries a certain level of prescribed insurance that covers a cause of action in tort. (b) Any cause of action in tort against any owner of a separate interest arising solely by reason of an ownership interest as a tenant-in-common in the common area of a common interest development shall be brought only against the association and not against the individual owners of the separate interests, if both of the insurance requirements in paragraphs (1) and (2) are met: (1) The association maintained and has in effect for this cause of action, one or more policies of insurance that include coverage for general liability of the association. (2) The coverage described in paragraph (1) is in the following minimum amounts: (A) At least two million dollars ($2,000,000) if the common interest development consists of 100 or fewer separate interests. (B) At least three million dollars ($3,000,000) if the common interest development consists of more than 100 separate interests. (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. 5806.

    ## 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 9. Insurance and Liability [5800 - 5810] ( Chapter 9 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

    An association must keep specified fidelity/crime coverage at least equal to the association’s reserves plus three months of assessments, with extra coverage for computer and funds-transfer fraud.

    ## 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 9. Insurance and Liability [5800 - 5810] ( Chapter 9 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5806. Unless the governing documents require greater coverage amounts, the association shall maintain crime insurance, employee dishonesty coverage, fidelity bond coverage, or their equivalent, for its directors, officers, and employees in an amount that is equal to or more than the combined amount of the reserves of the association and total assessments for three months. The coverage maintained by the association shall also include protection in an equal amount against computer fraud and funds transfer fraud. If the association uses a managing agent or management company, the association’s crime insurance, employee dishonesty coverage, fidelity bond coverage, or their equivalent, shall additionally include coverage for, or otherwise be endorsed to provide coverage for, dishonest acts by that person or entity and its employees. Self-insurance does not meet the requirements of this section. (Amended by Stats. 2021, Ch. 270, Sec. 3. (AB 1101) Effective January 1, 2022.)
  52. 5810.

    ## 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 9. Insurance and Liability [5800 - 5810] ( Chapter 9 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

    The association must notify members if certain insurance policies lapse, are canceled, are not promptly replaced, or materially change.

    ## 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 9. Insurance and Liability [5800 - 5810] ( Chapter 9 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5810. The association shall, as soon as reasonably practicable, provide individual notice pursuant to Section 4040 to all members if any of the policies described in the annual budget report pursuant to Section 5300 have lapsed, been canceled, and are not immediately renewed, restored, or replaced, or if there is a significant change, such as a reduction in coverage or limits or an increase in the deductible, as to any of those policies. If the association receives any notice of nonrenewal of a policy described in the annual budget report pursuant to Section 5300, the association shall immediately notify its members if replacement coverage will not be in effect by the date the existing coverage will lapse. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  53. 5850.

    ## 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 10. Dispute Resolution and Enforcement [5850 - 5986] ( Chapter 10 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Discipline and Cost Reimbursement [5850 - 5875] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. )

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    If an association imposes monetary penalties on members, the board must distribute a penalty schedule to members, keep penalties reasonable, and follow limits on penalty amounts. Members can request a copy of the current schedule, and late charges or interest may not be added to a monetary penalty.

    ## 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 10. Dispute Resolution and Enforcement [5850 - 5986] ( Chapter 10 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Discipline and Cost Reimbursement [5850 - 5875] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5850. (a) If an association adopts or has adopted a policy imposing any monetary penalty, including any fee, on any association member for a violation of the governing documents, including any monetary penalty relating to the activities of a guest or tenant of the member, the board shall adopt and distribute to each member, in the annual policy statement prepared pursuant to Section 5310, a schedule of the monetary penalties that may be assessed for those violations, which shall be in accordance with authorization for member discipline contained in the governing documents. Monetary penalties shall be reasonable. (b) Any new or revised monetary penalty that is adopted after complying with subdivision (a) may be included in a supplement that is delivered to the members individually, pursuant to Section 4040. (c) A monetary penalty for a violation of the governing documents shall not exceed the lesser of the following: (1) The monetary penalty stated in the schedule of monetary penalties or supplement that is in effect at the time of the violation. (2) One hundred dollars ($100) per violation. (d) (1) Notwithstanding subdivision (c), the board may impose a penalty stated in the schedule of monetary penalties or supplement that is in effect at the time of the violation that is greater than one hundred dollars ($100) per violation, if the violation may result in an adverse health or safety impact on the common area or another association member’s property. (2) Before imposing a penalty on a violation pursuant to this subdivision, the board shall make a written finding specifying the adverse health or safety impact in a board meeting open to the members. (e) A late charge or interest shall not be charged to a member for a monetary penalty. (f) An association shall provide a copy of the most recently distributed schedule of monetary penalties, along with any applicable supplements to that schedule, to any member upon request. (Amended by Stats. 2025, Ch. 22, Sec. 3. (AB 130) Effective June 30, 2025.)
  54. 5855.

    ## 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 10. Dispute Resolution and Enforcement [5850 - 5986] ( Chapter 10 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Discipline and Cost Reimbursement [5850 - 5875] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

    Before disciplining a member or charging for certain repair costs, the board must give written notice and follow specific hearing and post-meeting steps.

    ## 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 10. Dispute Resolution and Enforcement [5850 - 5986] ( Chapter 10 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Discipline and Cost Reimbursement [5850 - 5875] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5855. (a) When the board is to meet to consider or impose discipline upon a member, or to impose a monetary charge as a means of reimbursing the association for costs incurred by the association in the repair of damage to the common area and facilities caused by a member or the member’s guest or tenant, the board shall notify the member in writing, by either personal delivery or individual delivery pursuant to Section 4040, at least 10 days prior to the meeting. (b) The notification shall contain, at a minimum, the date, time, and place of the meeting, the nature of the alleged violation for which a member may be disciplined or the nature of the damage to the common area and facilities for which a monetary charge may be imposed, and a statement that the member has a right to attend and may address the board at the meeting. The board shall meet in executive session if requested by the member. (c) A member shall have the opportunity to cure the violation prior to the meeting. The board shall not impose discipline in either of the following circumstances: (1) The member cures the violation prior to the meeting. (2) If curing the violation would take longer than the time between the notice provided pursuant to subdivision (a) and the meeting, the member provides financial commitment to cure the violation. (d) If the board and the member are not in agreement after the meeting, a member shall have the opportunity to request internal dispute resolution pursuant to Section 5910. (e) If the board and the member are in agreement after the meeting, the board shall draft a written resolution. The written resolution, signed by the board and the member of the dispute pursuant to procedures not in conflict with the law or governing documents, binds the association and is judicially enforceable. (f) If the board imposes discipline on a member or imposes a monetary charge on the member for damage to the common area and facilities, the board shall provide the member with a written notification of the decision, by either personal delivery or individual delivery pursuant to Section 4040, within 14 days following the action. (g) A disciplinary action or the imposition of a monetary charge for damage to the common area shall not be effective against a member unless the board fulfills the requirements of this section. (Amended by Stats. 2025, Ch. 22, Sec. 4. (AB 130) Effective June 30, 2025.)
  55. 5865.

    ## 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 10. Dispute Resolution and Enforcement [5850 - 5986] ( Chapter 10 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Discipline and Cost Reimbursement [5850 - 5875] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

    Sections 5850 and 5855 do not change the board’s authority to impose monetary penalties on a member for violating the governing 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 10. Dispute Resolution and Enforcement [5850 - 5986] ( Chapter 10 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Discipline and Cost Reimbursement [5850 - 5875] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5865. Nothing in Section 5850 or 5855 shall be construed to create, expand, or reduce the authority of the board to impose monetary penalties on a member for a violation of the governing documents. (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. 5875.

    ## 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 10. Dispute Resolution and Enforcement [5850 - 5986] ( Chapter 10 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Discipline and Cost Reimbursement [5850 - 5875] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

    An association may not take enforcement action for governing-document violations during a declared state or local emergency if the emergency makes it unsafe or impossible for the homeowner to prevent or fix the violation, except for actions about nonpayment of assessments.

    ## 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 10. Dispute Resolution and Enforcement [5850 - 5986] ( Chapter 10 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 1. Discipline and Cost Reimbursement [5850 - 5875] ( Article 1 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5875. An association shall not pursue any enforcement actions for a violation of the governing documents, except those actions relating to the homeowner’s nonpayment of assessments, during a declared state or local emergency if the nature of the emergency giving rise to the declaration makes it unsafe or impossible for the homeowner to either prevent or fix the violation. (Added by Stats. 2022, Ch. 858, Sec. 4. (AB 1410) Effective January 1, 2023.)
  57. 5900.

    ## 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 10. Dispute Resolution and Enforcement [5850 - 5986] ( Chapter 10 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Internal Dispute Resolution [5900 - 5920] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

    This section says the article applies to disputes between an association and a member about their rights, duties, or liabilities under specified laws or governing 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 10. Dispute Resolution and Enforcement [5850 - 5986] ( Chapter 10 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Internal Dispute Resolution [5900 - 5920] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5900. (a) This article applies to a dispute between an association and a member involving their rights, duties, or liabilities under this act, under the Nonprofit Mutual Benefit Corporation Law (Part 3 (commencing with Section 7110) of Division 2 of Title 1 of the Corporations Code), or under the governing documents of the common interest development or association. (b) This article supplements, and does not replace, Article 3 (commencing with Section 5925), relating to alternative dispute resolution as a prerequisite to an enforcement action. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  58. 5905.

    ## 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 10. Dispute Resolution and Enforcement [5850 - 5986] ( Chapter 10 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Internal Dispute Resolution [5900 - 5920] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

    An association must provide a fair, reasonable, and expeditious dispute-resolution procedure, and use available local neutral-third-party programs when developing it.

    ## 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 10. Dispute Resolution and Enforcement [5850 - 5986] ( Chapter 10 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Internal Dispute Resolution [5900 - 5920] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5905. (a) An association shall provide a fair, reasonable, and expeditious procedure for resolving a dispute within the scope of this article. (b) In developing a procedure pursuant to this article, an association shall make maximum, reasonable use of available local dispute resolution programs involving a neutral third party, including low-cost mediation programs such as those listed on the Internet Web sites of the Department of Consumer Affairs and the United States Department of Housing and Urban Development. (c) If an association does not provide a fair, reasonable, and expeditious procedure for resolving a dispute within the scope of this article, the procedure provided in Section 5915 applies and satisfies the requirement of subdivision (a). (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  59. 5910.

    ## 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 10. Dispute Resolution and Enforcement [5850 - 5986] ( Chapter 10 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Internal Dispute Resolution [5900 - 5920] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

    A dispute resolution procedure must be fair, reasonable, and expeditious, with written requests, prompt deadlines, association participation when a member invokes it, and no participation fee charged to a member.

    ## 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 10. Dispute Resolution and Enforcement [5850 - 5986] ( Chapter 10 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Internal Dispute Resolution [5900 - 5920] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5910. A fair, reasonable, and expeditious dispute resolution procedure shall, at a minimum, satisfy all of the following requirements: (a) The procedure may be invoked by either party to the dispute. A request invoking the procedure shall be in writing. (b) The procedure shall provide for prompt deadlines. The procedure shall state the maximum time for the association to act on a request invoking the procedure. (c) If the procedure is invoked by a member, the association shall participate in the procedure. (d) If the procedure is invoked by the association, the member may elect not to participate in the procedure. If the member participates but the dispute is resolved other than by agreement of the member, the member shall have a right of appeal to the board. (e) A written resolution, signed by both parties, of a dispute pursuant to the procedure that is not in conflict with the law or the governing documents binds the association and is judicially enforceable. A written agreement, signed by both parties, reached pursuant to the procedure that is not in conflict with the law or the governing documents binds the parties and is judicially enforceable. (f) The procedure shall provide a means by which the member and the association may explain their positions. The member and association may be assisted by an attorney or another person in explaining their positions at their own cost. (g) A member of the association shall not be charged a fee to participate in the process. (Amended by Stats. 2015, Ch. 303, Sec. 34. (AB 731) Effective January 1, 2016.)
  60. 5910.1.

    ## 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 10. Dispute Resolution and Enforcement [5850 - 5986] ( Chapter 10 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Internal Dispute Resolution [5900 - 5920] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

    An association may not file a civil action over a dispute if the member has requested dispute resolution, unless the association has first complied with Section 5910 by engaging in good faith in the internal dispute resolution procedures after the member invokes them.

    ## 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 10. Dispute Resolution and Enforcement [5850 - 5986] ( Chapter 10 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Internal Dispute Resolution [5900 - 5920] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5910.1. An association may not file a civil action regarding a dispute in which the member has requested dispute resolution unless the association has complied with Section 5910 by engaging in good faith in the internal dispute resolution procedures after a member invokes those procedures. (Added by Stats. 2019, Ch. 848, Sec. 8. (SB 323) Effective January 1, 2020.)
  61. 5915.

    ## 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 10. Dispute Resolution and Enforcement [5850 - 5986] ( Chapter 10 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Internal Dispute Resolution [5900 - 5920] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

    This section gives an internal dispute-resolution process for certain associations and parties, including a written meet-and-confer procedure, board designation of a director, and no fee for member participation.

    ## 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 10. Dispute Resolution and Enforcement [5850 - 5986] ( Chapter 10 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Internal Dispute Resolution [5900 - 5920] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5915. (a) This section applies to an association that does not otherwise provide a fair, reasonable, and expeditious dispute resolution procedure. The procedure provided in this section is fair, reasonable, and expeditious within the meaning of this article. (b) Either party to a dispute within the scope of this article may invoke the following procedure: (1) The party may request the other party to meet and confer in an effort to resolve the dispute. The request shall be in writing. (2) A member of an association may refuse a request to meet and confer. The association shall not refuse a request to meet and confer. (3) The board shall designate a director to meet and confer. (4) The parties shall meet promptly at a mutually convenient time and place, explain their positions to each other, and confer in good faith in an effort to resolve the dispute. The parties may be assisted by an attorney or another person at their own cost when conferring. (5) A resolution of the dispute agreed to by the parties shall be memorialized in writing and signed by the parties, including the board designee on behalf of the association. (c) A written agreement reached under this section binds the parties and is judicially enforceable if it is signed by both parties and both of the following conditions are satisfied: (1) The agreement is not in conflict with law or the governing documents of the common interest development or association. (2) The agreement is either consistent with the authority granted by the board to its designee or the agreement is ratified by the board. (d) A member shall not be charged a fee to participate in the process. (Amended by Stats. 2015, Ch. 303, Sec. 35. (AB 731) Effective January 1, 2016.)
  62. 5920.

    ## 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 10. Dispute Resolution and Enforcement [5850 - 5986] ( Chapter 10 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Internal Dispute Resolution [5900 - 5920] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

    The annual policy statement prepared under Section 5310 must include a description of the internal dispute resolution process in this article.

    ## 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 10. Dispute Resolution and Enforcement [5850 - 5986] ( Chapter 10 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 2. Internal Dispute Resolution [5900 - 5920] ( Article 2 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5920. The annual policy statement prepared pursuant to Section 5310 shall include a description of the internal dispute resolution process provided pursuant to this article. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  63. 5925.

    ## 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 10. Dispute Resolution and Enforcement [5850 - 5986] ( Chapter 10 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 3. Alternative Dispute Resolution Prerequisite to Civil Action [5925 - 5965] ( Article 3 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

    This section defines “alternative dispute resolution” and “enforcement action” for this article.

    ## 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 10. Dispute Resolution and Enforcement [5850 - 5986] ( Chapter 10 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 3. Alternative Dispute Resolution Prerequisite to Civil Action [5925 - 5965] ( Article 3 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5925. As used in this article: (a) “Alternative dispute resolution” means mediation, arbitration, conciliation, or other nonjudicial procedure that involves a neutral party in the decisionmaking process. The form of alternative dispute resolution chosen pursuant to this article may be binding or nonbinding, with the voluntary consent of the parties. (b) “Enforcement action” means a civil action or proceeding, other than a cross-complaint, for any of the following purposes: (1) Enforcement of this act. (2) Enforcement of the Nonprofit Mutual Benefit Corporation Law (Part 3 (commencing with Section 7110) of Division 2 of Title 1 of the Corporations Code). (3) Enforcement of the governing documents. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  64. 5930.

    ## 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 10. Dispute Resolution and Enforcement [5850 - 5986] ( Chapter 10 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 3. Alternative Dispute Resolution Prerequisite to Civil Action [5925 - 5965] ( Article 3 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

    An association or member may not bring an enforcement action in superior court unless the parties have tried alternative dispute resolution first.

    ## 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 10. Dispute Resolution and Enforcement [5850 - 5986] ( Chapter 10 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 3. Alternative Dispute Resolution Prerequisite to Civil Action [5925 - 5965] ( Article 3 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5930. (a) An association or a member may not file an enforcement action in the superior court unless the parties have endeavored to submit their dispute to alternative dispute resolution pursuant to this article. (b) This section applies only to an enforcement action that is solely for declaratory, injunctive, or writ relief, or for that relief in conjunction with a claim for monetary damages not in excess of the jurisdictional limits stated in Sections 116.220 and 116.221 of the Code of Civil Procedure. (c) This section does not apply to a small claims action. (d) Except as otherwise provided by law, this section does not apply to an assessment dispute. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  65. 5935.

    ## 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 10. Dispute Resolution and Enforcement [5850 - 5986] ( Chapter 10 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 3. Alternative Dispute Resolution Prerequisite to Civil Action [5925 - 5965] ( Article 3 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

    A party may start the section 5930 process by serving a Request for Resolution on all other parties, and the request must include specific information and be served by approved methods.

    ## 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 10. Dispute Resolution and Enforcement [5850 - 5986] ( Chapter 10 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 3. Alternative Dispute Resolution Prerequisite to Civil Action [5925 - 5965] ( Article 3 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5935. (a) Any party to a dispute may initiate the process required by Section 5930 by serving on all other parties to the dispute a Request for Resolution. The Request for Resolution shall include all of the following: (1) A brief description of the dispute between the parties. (2) A request for alternative dispute resolution. (3) A notice that the party receiving the Request for Resolution is required to respond within 30 days of receipt or the request will be deemed rejected. (4) If the party on whom the request is served is the member, a copy of this article. (b) Service of the Request for Resolution shall be by personal delivery, first-class mail, express mail, facsimile transmission, or other means reasonably calculated to provide the party on whom the request is served actual notice of the request. (c) A party on whom a Request for Resolution is served has 30 days following service to accept or reject the request. If a party does not accept the request within that period, the request is deemed rejected by the party. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  66. 5940.

    ## 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 10. Dispute Resolution and Enforcement [5850 - 5986] ( Chapter 10 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 3. Alternative Dispute Resolution Prerequisite to Civil Action [5925 - 5965] ( Article 3 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

    If a Request for Resolution is accepted, the parties must finish alternative dispute resolution within 90 days, unless they both sign a written extension. The parties also must pay the ADR 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 10. Dispute Resolution and Enforcement [5850 - 5986] ( Chapter 10 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 3. Alternative Dispute Resolution Prerequisite to Civil Action [5925 - 5965] ( Article 3 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5940. (a) If the party on whom a Request for Resolution is served accepts the request, the parties shall complete the alternative dispute resolution within 90 days after the party initiating the request receives the acceptance, unless this period is extended by written stipulation signed by both parties. (b) Chapter 2 (commencing with Section 1115) of Division 9 of the Evidence Code applies to any form of alternative dispute resolution initiated by a Request for Resolution under this article, other than arbitration. (c) The costs of the alternative dispute resolution shall be borne by the parties. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  67. 5945.

    ## 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 10. Dispute Resolution and Enforcement [5850 - 5986] ( Chapter 10 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 3. Alternative Dispute Resolution Prerequisite to Civil Action [5925 - 5965] ( Article 3 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

    If a Request for Resolution is served on time, the deadline for starting an enforcement action is paused.

    ## 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 10. Dispute Resolution and Enforcement [5850 - 5986] ( Chapter 10 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 3. Alternative Dispute Resolution Prerequisite to Civil Action [5925 - 5965] ( Article 3 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5945. If a Request for Resolution is served before the end of the applicable time limitation for commencing an enforcement action, the time limitation is tolled during the following periods: (a) The period provided in Section 5935 for response to a Request for Resolution. (b) If the Request for Resolution is accepted, the period provided by Section 5940 for completion of alternative dispute resolution, including any extension of time stipulated to by the parties pursuant to Section 5940. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  68. 5950.

    ## 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 10. Dispute Resolution and Enforcement [5850 - 5986] ( Chapter 10 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 3. Alternative Dispute Resolution Prerequisite to Civil Action [5925 - 5965] ( Article 3 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

    A party starting an enforcement action must file a certificate with the initial pleading, unless one of the listed exceptions 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 10. Dispute Resolution and Enforcement [5850 - 5986] ( Chapter 10 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 3. Alternative Dispute Resolution Prerequisite to Civil Action [5925 - 5965] ( Article 3 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5950. (a) At the time of commencement of an enforcement action, the party commencing the action shall file with the initial pleading a certificate stating that one or more of the following conditions are satisfied: (1) Alternative dispute resolution has been completed in compliance with this article. (2) One of the other parties to the dispute did not accept the terms offered for alternative dispute resolution. (3) Preliminary or temporary injunctive relief is necessary. (b) Failure to file a certificate pursuant to subdivision (a) is grounds for a demurrer or a motion to strike unless the court finds that dismissal of the action for failure to comply with this article would result in substantial prejudice to one of the parties. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  69. 5955.

    ## 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 10. Dispute Resolution and Enforcement [5850 - 5986] ( Chapter 10 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 3. Alternative Dispute Resolution Prerequisite to Civil Action [5925 - 5965] ( Article 3 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

    If an enforcement action has started and the parties file a written stipulation, the matter may be sent to alternative dispute resolution. The referred action is stayed, the stay suspends certain Government Code rules, and the parties must pay the ADR 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 10. Dispute Resolution and Enforcement [5850 - 5986] ( Chapter 10 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 3. Alternative Dispute Resolution Prerequisite to Civil Action [5925 - 5965] ( Article 3 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5955. (a) After an enforcement action is commenced, on written stipulation of the parties, the matter may be referred to alternative dispute resolution. The referred action is stayed. During the stay, the action is not subject to the rules implementing subdivision (c) of Section 68603 of the Government Code. (b) The costs of the alternative dispute resolution shall be borne by the parties. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  70. 5960.

    ## 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 10. Dispute Resolution and Enforcement [5850 - 5986] ( Chapter 10 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 3. Alternative Dispute Resolution Prerequisite to Civil Action [5925 - 5965] ( Article 3 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

    In certain enforcement actions, the court may consider whether a party reasonably refused to use alternative dispute resolution before the case started when setting attorney-fee and cost awards.

    ## 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 10. Dispute Resolution and Enforcement [5850 - 5986] ( Chapter 10 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 3. Alternative Dispute Resolution Prerequisite to Civil Action [5925 - 5965] ( Article 3 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5960. In an enforcement action in which attorney’s fees and costs may be awarded, the court, in determining the amount of the award, may consider whether a party’s refusal to participate in alternative dispute resolution before commencement of the action was 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.)
  71. 5965.

    ## 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 10. Dispute Resolution and Enforcement [5850 - 5986] ( Chapter 10 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 3. Alternative Dispute Resolution Prerequisite to Civil Action [5925 - 5965] ( Article 3 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

    An association must give members an annual summary of this article, include a specified warning about ADR compliance, and place the summary in the annual policy statement.

    ## 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 10. Dispute Resolution and Enforcement [5850 - 5986] ( Chapter 10 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 3. Alternative Dispute Resolution Prerequisite to Civil Action [5925 - 5965] ( Article 3 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5965. (a) An association shall annually provide its members a summary of the provisions of this article that specifically references this article. The summary shall include the following language: “Failure of a member of the association to comply with the alternative dispute resolution requirements of Section 5930 of the Civil Code may result in the loss of the member’s right to sue the association or another member of the association regarding enforcement of the governing documents or the applicable law.” (b) The summary shall be included in the annual policy statement prepared pursuant to Section 5310. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  72. 5975.

    ## 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 10. Dispute Resolution and Enforcement [5850 - 5986] ( Chapter 10 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 4. Civil Action [5975 - 5986] ( Article 4 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

    This section says certain common-interest development servitudes and governing documents may be enforced by owners or the association, depending on the document.

    ## 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 10. Dispute Resolution and Enforcement [5850 - 5986] ( Chapter 10 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 4. Civil Action [5975 - 5986] ( Article 4 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5975. (a) The covenants and restrictions in the declaration shall be enforceable equitable servitudes, unless unreasonable, and shall inure to the benefit of and bind all owners of separate interests in the development. Unless the declaration states otherwise, these servitudes may be enforced by any owner of a separate interest or by the association, or by both. (b) A governing document other than the declaration may be enforced by the association against an owner of a separate interest or by an owner of a separate interest against the association. (c) In an action to enforce the governing documents, 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.)
  73. 5980.

    ## 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 10. Dispute Resolution and Enforcement [5850 - 5986] ( Chapter 10 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 4. Civil Action [5975 - 5986] ( Article 4 added by Stats. 2012, Ch. 180, Sec. 2. )

    Verify source ↗

    An association may sue, defend, settle, or intervene in certain proceedings on its own behalf and without joining its 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 10. Dispute Resolution and Enforcement [5850 - 5986] ( Chapter 10 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 4. Civil Action [5975 - 5986] ( Article 4 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5980. An association has standing to institute, defend, settle, or intervene in litigation, arbitration, mediation, or administrative proceedings in its own name as the real party in interest and without joining with it the members, in matters pertaining to the following: (a) Enforcement of the governing documents. (b) Damage to the common area. (c) Damage to a separate interest that the association is obligated to maintain or repair. (d) Damage to a separate interest that arises out of, or is integrally related to, damage to the common area or a separate interest that the association is obligated to maintain or repair. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  74. 5985.

    ## 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 10. Dispute Resolution and Enforcement [5850 - 5986] ( Chapter 10 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 4. Civil Action [5975 - 5986] ( Article 4 added by Stats. 2012, Ch. 180, Sec. 2. )

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    In certain association lawsuits, damages are reduced by the association’s or managing agents’ share of fault, and defendants may raise that fault as a setoff defense.

    ## 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 10. Dispute Resolution and Enforcement [5850 - 5986] ( Chapter 10 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 4. Civil Action [5975 - 5986] ( Article 4 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5985. (a) In an action maintained by an association pursuant to subdivision (b), (c), or (d) of Section 5980, the amount of damages recovered by the association shall be reduced by the amount of damages allocated to the association or its managing agents in direct proportion to their percentage of fault based upon principles of comparative fault. The comparative fault of the association or its managing agents may be raised by way of defense, but shall not be the basis for a cross-action or separate action against the association or its managing agents for contribution or implied indemnity, where the only damage was sustained by the association or its members. It is the intent of the Legislature in enacting this subdivision to require that comparative fault be pleaded as an affirmative defense, rather than a separate cause of action, where the only damage was sustained by the association or its members. (b) In an action involving damages described in subdivision (b), (c), or (d) of Section 5980, the defendant or cross-defendant may allege and prove the comparative fault of the association or its managing agents as a setoff to the liability of the defendant or cross-defendant even if the association is not a party to the litigation or is no longer a party whether by reason of settlement, dismissal, or otherwise. (c) Subdivisions (a) and (b) apply to actions commenced on or after January 1, 1993. (d) Nothing in this section affects a person’s liability under Section 1431, or the liability of the association or its managing agent for an act or omission that causes damages to another. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  75. 5986.

    ## 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 10. Dispute Resolution and Enforcement [5850 - 5986] ( Chapter 10 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 4. Civil Action [5975 - 5986] ( Article 4 added by Stats. 2012, Ch. 180, Sec. 2. )

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    The board may bring legal claims and proceedings against a declarant, developer, or builder, but it must follow Section 6150 and related timing limits. Governing documents may not block that authority, and if the board includes affiliated members, only the nonaffiliated members control the decision.

    ## 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 10. Dispute Resolution and Enforcement [5850 - 5986] ( Chapter 10 added by Stats. 2012, Ch. 180, Sec. 2. ) ## ARTICLE 4. Civil Action [5975 - 5986] ( Article 4 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 5986. (a) Subject to compliance with Section 6150, which requires the board to provide notice of a meeting with the members to discuss, among other things, problems that may lead to the filing of a civil action, before the board files a civil action against a declarant or other developer, or within 30 days after it files the action, if the association has reason to believe that the applicable statute of limitations will expire, and notwithstanding any provision to the contrary in the governing documents, the board shall have the authority to commence and pursue a claim, civil action, arbitration, prelitigation process pursuant to Section 6000 or Title 7 (commencing with Section 895) of Part 2 of Division 2, or other legal proceeding against a declarant, developer, or builder of a common interest development. If the board includes members appointed by, or affiliated with, the declarant, developer, or builder, the decision and authority to commence and pursue legal proceedings shall be vested solely in the nonaffiliated board members. (b) The governing documents shall not impose any preconditions or limitations on the board’s authority to commence and pursue any claim, civil action, arbitration, prelitigation process pursuant to Section 6000 or Title 7 (commencing with Section 895) of Part 2 of Division 2, or other legal proceeding against a declarant, developer, or builder of a common interest development. Any limitation or precondition, including, but not limited to, requiring a membership vote as a prerequisite to, or otherwise providing the declarant, developer, or builder with veto authority over, the board’s commencement and pursuit of a claim, civil action, arbitration, prelitigation process, or legal proceeding against the declarant, developer, or builder, or any incidental decision of the board, including, but not limited to, retaining legal counsel or incurring costs or expenses, is unenforceable, null, and void. The failure to comply with those limitations or preconditions, if only, shall not be asserted as a defense to any claim or action described in this section. (c) Notwithstanding subdivision (a) or (b), any provision in the governing documents imposing limitations or preconditions on the board’s authority to commence and pursue claims shall be valid and enforceable if the provision is adopted solely by the nondeclarant affiliated members of the association and the provision is adopted in accordance with the requirements necessary to amend the governing documents of the association. (d) This section applies to all governing documents, whether recorded before or after the effective date of this section, and applies retroactively to claims initiated before the effective date of this section, except if those claims have been resolved through an executed settlement, a final arbitration decision, or a final judicial decision on the merits. (e) Nothing in this section extends any applicable statute of limitation or repose to file or initiate any claim, civil action, arbitration, prelitigation process, or other legal proceeding. Nothing in this section shall affect any other obligations of an association contained in Title 7 (commencing with Section 895) of Part 2 of Division 2, or any other provision in the covenants, conditions, and restrictions of the association related to arbitration or other alternative dispute resolution procedures. (Added by Stats. 2019, Ch. 207, Sec. 2. (SB 326) Effective January 1, 2020.)
  76. 6100.

    ## 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 11. Construction Defect Litigation [6100 - 6150] ( Chapter 11 added by Stats. 2012, Ch. 180, Sec. 2. )

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    After a settlement or other resolution of certain construction-defect disputes, the association must promptly give a written disclosure to affected members and include specified defect 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 11. Construction Defect Litigation [6100 - 6150] ( Chapter 11 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 6100. (a) As soon as is reasonably practicable after the association and the builder have entered into a settlement agreement or the matter has otherwise been resolved regarding alleged defects in the common areas, alleged defects in the separate interests that the association is obligated to maintain or repair, or alleged defects in the separate interests that arise out of, or are integrally related to, defects in the common areas or separate interests that the association is obligated to maintain or repair, where the defects giving rise to the dispute have not been corrected, the association shall, in writing, inform only the members of the association whose names appear on the records of the association that the matter has been resolved, by settlement agreement or other means, and disclose all of the following: (1) A general description of the defects that the association reasonably believes, as of the date of the disclosure, will be corrected or replaced. (2) A good faith estimate, as of the date of the disclosure, of when the association believes that the defects identified in paragraph (1) will be corrected or replaced. The association may state that the estimate may be modified. (3) The status of the claims for defects in the design or construction of the common interest development that were not identified in paragraph (1) whether expressed in a preliminary list of defects sent to each member of the association or otherwise claimed and disclosed to the members of the association. (b) Nothing in this section shall preclude an association from amending the disclosures required pursuant to subdivision (a), and any amendments shall supersede any prior conflicting information disclosed to the members of the association and shall retain any privilege attached to the original disclosures. (c) Disclosure of the information required pursuant to subdivision (a) or authorized by subdivision (b) shall not waive any privilege attached to the information. (d) For the purposes of the disclosures required pursuant to this section, the term “defects” shall be defined to include any damage resulting from defects. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
  77. 6150.

    ## 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 11. Construction Defect Litigation [6100 - 6150] ( Chapter 11 added by Stats. 2012, Ch. 180, Sec. 2. )

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    Before certain association lawsuits against a declarant or developer, the board must give written notice to members; if the limitations period may expire first, the association may give the notice after filing.

    ## 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 11. Construction Defect Litigation [6100 - 6150] ( Chapter 11 added by Stats. 2012, Ch. 180, Sec. 2. ) ## 6150. (a) Not later than 30 days before filing of any civil action by the association against the declarant or other developer of a common interest development for alleged damage to the common areas, alleged damage to the separate interests that the association is obligated to maintain or repair, or alleged damage to the separate interests that arises out of, or is integrally related to, damage to the common areas or separate interests that the association is obligated to maintain or repair, the board shall provide a written notice to each member of the association who appears on the records of the association when the notice is provided. This notice shall specify all of the following: (1) That a meeting will take place to discuss problems that may lead to the filing of a civil action, in addition to the potential impacts thereof to the association and its members, including any financial impacts. (2) The options, including civil actions, that are available to address the problems. (3) The time and place of the meeting. (b) Notwithstanding subdivision (a), if the association has reason to believe that the applicable statute of limitations will expire before the association files the civil action, the association may give the notice, as described above, within 30 days after the filing of the action. (Amended by Stats. 2019, Ch. 207, Sec. 3. (SB 326) Effective January 1, 2020.)
  78. 6500.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 1. General Provisions [6500 - 6566] ( Chapter 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 1. Preliminary Provisions [6500 - 6524] ( Article 1 added by Stats. 2013, Ch. 605, Sec. 21. )

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    This part is known as the Commercial and Industrial Common Interest Development 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 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 1. General Provisions [6500 - 6566] ( Chapter 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 1. Preliminary Provisions [6500 - 6524] ( Article 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6500. This part shall be known, and may be cited, as the Commercial and Industrial Common Interest Development Act. In a provision of this part, the part may be referred to as the act. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  79. 6502.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 1. General Provisions [6500 - 6566] ( Chapter 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 1. Preliminary Provisions [6500 - 6524] ( Article 1 added by Stats. 2013, Ch. 605, Sec. 21. )

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    Section 6502 says division, part, title, chapter, article, and section headings do not affect the act’s scope, meaning, or intent.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 1. General Provisions [6500 - 6566] ( Chapter 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 1. Preliminary Provisions [6500 - 6524] ( Article 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6502. Division, part, title, chapter, article, and section headings do not in any manner affect the scope, meaning, or intent of this act. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  80. 6505.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 1. General Provisions [6500 - 6566] ( Chapter 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 1. Preliminary Provisions [6500 - 6524] ( Article 1 added by Stats. 2013, Ch. 605, Sec. 21. )

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    This section says the 2013 act cannot be read to invalidate documents or actions taken before January 1, 2014, if they were proper under the law then. It also says “document” does not include a governing document.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 1. General Provisions [6500 - 6566] ( Chapter 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 1. Preliminary Provisions [6500 - 6524] ( Article 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6505. Nothing in the act that added this part shall be construed to invalidate a document prepared or action taken before January 1, 2014, if the document or action was proper under the law governing common interest developments at the time that the document was prepared or the action was taken. For the purposes of this section, “document” does not include a governing document. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  81. 6510.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 1. General Provisions [6500 - 6566] ( Chapter 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 1. Preliminary Provisions [6500 - 6524] ( Article 1 added by Stats. 2013, Ch. 605, Sec. 21. )

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    A local zoning ordinance must be read, unless it clearly says otherwise, to treat similar structures, lots, parcels, areas, or spaces similarly even when the common interest development has a different form.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 1. General Provisions [6500 - 6566] ( Chapter 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 1. Preliminary Provisions [6500 - 6524] ( Article 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6510. Unless a contrary intent is clearly expressed, a local zoning ordinance is construed to treat like structures, lots, parcels, areas, or spaces in like manner regardless of the form of the common interest development. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  82. 6512.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 1. General Provisions [6500 - 6566] ( Chapter 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 1. Preliminary Provisions [6500 - 6524] ( Article 1 added by Stats. 2013, Ch. 605, Sec. 21. )

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    If a document must be delivered to an association, it must go to the association’s designated recipient, or to the president or secretary if no designation notice was given. The section also allows several delivery methods and requires a written receipt for personal delivery if the association accepts it.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 1. General Provisions [6500 - 6566] ( Chapter 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 1. Preliminary Provisions [6500 - 6524] ( Article 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6512. (a) If a provision of this act requires that a document be delivered to an association, the document shall be delivered to the person designated to receive documents on behalf of the association, in a written notice delivered by the association to members by individual delivery. If notice of this designation has not been given, the document shall be delivered to the president or secretary of the association. (b) A document delivered pursuant to this section may be delivered by any of the following methods: (1) First-class mail, postage prepaid, registered or certified mail, express mail, or overnight delivery by an express service carrier. (2) By email, facsimile, or other electronic means, if the association has assented to that method of delivery. (3) By personal delivery, if the association has assented to that method of delivery. If the association accepts a document by personal delivery it shall provide a written receipt acknowledging delivery of the document. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  83. 6514.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 1. General Provisions [6500 - 6566] ( Chapter 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 1. Preliminary Provisions [6500 - 6524] ( Article 1 added by Stats. 2013, Ch. 605, Sec. 21. )

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    If an association must deliver a document by individual delivery or individual notice, it must use one of the listed delivery methods.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 1. General Provisions [6500 - 6566] ( Chapter 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 1. Preliminary Provisions [6500 - 6524] ( Article 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6514. (a) If a provision of this act requires that an association deliver a document by “individual delivery” or “individual notice,” the document shall be delivered by one of the following methods: (1) First-class mail, postage prepaid, registered or certified mail, express mail, or overnight delivery by an express service carrier. The document shall be addressed to the recipient at the address last shown on the books of the association. (2) Email, facsimile, or other electronic means, if the recipient has consented, in writing, to that method of delivery. The consent may be revoked, in writing, by the recipient. (b) For the purposes of this section, an unrecorded provision of the governing documents providing for a particular method of delivery does not constitute agreement by a member to that method of delivery. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  84. 6518.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 1. General Provisions [6500 - 6566] ( Chapter 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 1. Preliminary Provisions [6500 - 6524] ( Article 1 added by Stats. 2013, Ch. 605, Sec. 21. )

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    This section sets when delivery of a document under this act is considered complete.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 1. General Provisions [6500 - 6566] ( Chapter 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 1. Preliminary Provisions [6500 - 6524] ( Article 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6518. (a) This section governs the delivery of a document pursuant to this act. (b) If a document is delivered by mail, delivery is deemed to be complete on deposit into the United States mail. (c) If a document is delivered by electronic means, delivery is complete at the time of transmission. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  85. 6520.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 1. General Provisions [6500 - 6566] ( Chapter 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 1. Preliminary Provisions [6500 - 6524] ( Article 1 added by Stats. 2013, Ch. 605, Sec. 21. )

    Verify source ↗

    If the association or a member has agreed to electronic delivery, a writing requirement is met when the information is given in a retainable electronic record.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 1. General Provisions [6500 - 6566] ( Chapter 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 1. Preliminary Provisions [6500 - 6524] ( Article 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6520. If the association or a member has consented to receive information by electronic delivery, and a provision of this act requires that the information be in writing, that requirement is satisfied if the information is provided in an electronic record capable of retention by the recipient at the time of receipt. An electronic record is not capable of retention by the recipient if the sender or its information processing system inhibits the ability of the recipient to print or store the electronic record. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  86. 6522.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 1. General Provisions [6500 - 6566] ( Chapter 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 1. Preliminary Provisions [6500 - 6524] ( Article 1 added by Stats. 2013, Ch. 605, Sec. 21. )

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    If a rule requires approval by a majority of all members, the action is approved or ratified by an affirmative vote of a majority of the votes entitled to be cast.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 1. General Provisions [6500 - 6566] ( Chapter 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 1. Preliminary Provisions [6500 - 6524] ( Article 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6522. If a provision of this act requires that an action be approved by a majority of all members, the action shall be approved or ratified by an affirmative vote of a majority of the votes entitled to be cast. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  87. 6524.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 1. General Provisions [6500 - 6566] ( Chapter 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 1. Preliminary Provisions [6500 - 6524] ( Article 1 added by Stats. 2013, Ch. 605, Sec. 21. )

    Verify source ↗

    When this act requires member approval, the action must be approved or ratified by an affirmative majority vote in a duly held election with a quorum present.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 1. General Provisions [6500 - 6566] ( Chapter 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 1. Preliminary Provisions [6500 - 6524] ( Article 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6524. If a provision of this act requires that an action be approved by a majority of a quorum of the members, the action shall be approved or ratified by an affirmative vote of a majority of the votes represented and voting in a duly held election in which a quorum is represented, which affirmative votes also constitute a majority of the required quorum. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  88. 6526.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 1. General Provisions [6500 - 6566] ( Chapter 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 2. Definitions [6526 - 6566] ( Article 2 added by Stats. 2013, Ch. 605, Sec. 21. )

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    The definitions in this article control how this act is interpreted.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 1. General Provisions [6500 - 6566] ( Chapter 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 2. Definitions [6526 - 6566] ( Article 2 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6526. The definitions in this article govern the construction of this act. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  89. 6528.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 1. General Provisions [6500 - 6566] ( Chapter 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 2. Definitions [6526 - 6566] ( Article 2 added by Stats. 2013, Ch. 605, Sec. 21. )

    Verify source ↗

    “Association” means a nonprofit corporation or unincorporated association created to manage a common interest development.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 1. General Provisions [6500 - 6566] ( Chapter 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 2. Definitions [6526 - 6566] ( Article 2 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6528. “Association” means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  90. 6530.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 1. General Provisions [6500 - 6566] ( Chapter 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 2. Definitions [6526 - 6566] ( Article 2 added by Stats. 2013, Ch. 605, Sec. 21. )

    Verify source ↗

    “Board” means the 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 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 1. General Provisions [6500 - 6566] ( Chapter 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 2. Definitions [6526 - 6566] ( Article 2 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6530. “Board” means the board of directors of the association. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  91. 6531.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 1. General Provisions [6500 - 6566] ( Chapter 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 2. Definitions [6526 - 6566] ( Article 2 added by Stats. 2013, Ch. 605, Sec. 21. )

    Verify source ↗

    This section defines a “commercial or industrial common interest development.”

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 1. General Provisions [6500 - 6566] ( Chapter 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 2. Definitions [6526 - 6566] ( Article 2 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6531. A “commercial or industrial common interest development” means a common interest development that is limited to industrial or commercial uses by law or by a declaration of covenants, conditions, and restrictions that has been recorded in the official records of each county in which the common interest development is located. For the purposes of this section, “commercial use” includes, but is not limited to, the operation of a business that provides facilities for the overnight stay of its customers, employees, or agents. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  92. 6532.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 1. General Provisions [6500 - 6566] ( Chapter 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 2. Definitions [6526 - 6566] ( Article 2 added by Stats. 2013, Ch. 605, Sec. 21. )

    Verify source ↗

    This section defines “common area” and adds a special rule for certain planned developments.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 1. General Provisions [6500 - 6566] ( Chapter 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 2. Definitions [6526 - 6566] ( Article 2 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6532. (a) “Common area” means the entire common interest development except the separate interests therein. The estate in the common area may be a fee, a life estate, an estate for years, or any combination of the foregoing. (b) Notwithstanding subdivision (a), in a planned development described in subdivision (b) of Section 6562, the common area may consist of mutual or reciprocal easement rights appurtenant to the separate interests. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  93. 6534.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 1. General Provisions [6500 - 6566] ( Chapter 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 2. Definitions [6526 - 6566] ( Article 2 added by Stats. 2013, Ch. 605, Sec. 21. )

    Verify source ↗

    This section defines “common interest development” as a condominium project, planned development, or stock cooperative.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 1. General Provisions [6500 - 6566] ( Chapter 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 2. Definitions [6526 - 6566] ( Article 2 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6534. “Common interest development” means any of the following: (a) A condominium project. (b) A planned development. (c) A stock cooperative. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  94. 654.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 1. NATURE OF PROPERTY [654 - 663] ( Title 1 enacted 1872. )

    Verify source ↗

    This section defines ownership as the right to possess and use a thing to the exclusion of others, and says that the thing that may be owned is called property.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 1. NATURE OF PROPERTY [654 - 663] ( Title 1 enacted 1872. ) ## 654. The ownership of a thing is the right of one or more persons to possess and use it to the exclusion of others. In this Code, the thing of which there may be ownership is called property. (Enacted 1872.)
  95. 6540.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 1. General Provisions [6500 - 6566] ( Chapter 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 2. Definitions [6526 - 6566] ( Article 2 added by Stats. 2013, Ch. 605, Sec. 21. )

    Verify source ↗

    This section defines “condominium plan” as a plan described in Section 6624.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 1. General Provisions [6500 - 6566] ( Chapter 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 2. Definitions [6526 - 6566] ( Article 2 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6540. “Condominium plan” means a plan described in Section 6624. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  96. 6542.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 1. General Provisions [6500 - 6566] ( Chapter 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 2. Definitions [6526 - 6566] ( Article 2 added by Stats. 2013, Ch. 605, Sec. 21. )

    Verify source ↗

    This section defines “condominium project,” “condominium,” and related ownership features.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 1. General Provisions [6500 - 6566] ( Chapter 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 2. Definitions [6526 - 6566] ( Article 2 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6542. (a) A “condominium project” means a real property development consisting of condominiums. (b) A condominium consists of an undivided interest in common in a portion of real property coupled with a separate interest in space called a unit, the boundaries of which are described on a recorded final map, parcel map, or condominium plan in sufficient detail to locate all boundaries thereof. The area within these boundaries may be filled with air, earth, water, or fixtures, or any combination thereof, and need not be physically attached to land except by easements for access and, if necessary, support. The description of the unit may refer to (1) boundaries described in the recorded final map, parcel map, or condominium plan, (2) physical boundaries, either in existence, or to be constructed, such as walls, floors, and ceilings of a structure or any portion thereof, (3) an entire structure containing one or more units, or (4) any combination thereof. (c) The portion or portions of the real property held in undivided interest may be all of the real property, except for the separate interests, or may include a particular three-dimensional portion thereof, the boundaries of which are described on a recorded final map, parcel map, or condominium plan. The area within these boundaries may be filled with air, earth, water, or fixtures, or any combination thereof, and need not be physically attached to land except by easements for access and, if necessary, support. (d) An individual condominium within a condominium project may include, in addition, a separate interest in other portions of the real property. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  97. 6544.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 1. General Provisions [6500 - 6566] ( Chapter 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 2. Definitions [6526 - 6566] ( Article 2 added by Stats. 2013, Ch. 605, Sec. 21. )

    Verify source ↗

    This section defines “Declarant” for commercial and industrial common interest developments.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 1. General Provisions [6500 - 6566] ( Chapter 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 2. Definitions [6526 - 6566] ( Article 2 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6544. “Declarant” means the person or group of persons designated in the declaration as declarant, or if no declarant is designated, the person or group of persons who sign the original declaration or who succeed to special rights, preferences, or privileges designated in the declaration as belonging to the signator of the original declaration. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  98. 6546.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 1. General Provisions [6500 - 6566] ( Chapter 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 2. Definitions [6526 - 6566] ( Article 2 added by Stats. 2013, Ch. 605, Sec. 21. )

    Verify source ↗

    “Declaration” means the document that contains the information required by Section 6614.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 1. General Provisions [6500 - 6566] ( Chapter 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 2. Definitions [6526 - 6566] ( Article 2 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6546. “Declaration” means the document, however denominated, that contains the information required by Section 6614. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  99. 6548.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 1. General Provisions [6500 - 6566] ( Chapter 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 2. Definitions [6526 - 6566] ( Article 2 added by Stats. 2013, Ch. 605, Sec. 21. )

    Verify source ↗

    “Director” means a natural person who serves on the board.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 1. General Provisions [6500 - 6566] ( Chapter 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 2. Definitions [6526 - 6566] ( Article 2 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6548. “Director” means a natural person who serves on the board. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  100. 655.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 1. NATURE OF PROPERTY [654 - 663] ( Title 1 enacted 1872. )

    Verify source ↗

    This section says ownership may exist in certain kinds of property, including inanimate things that can be appropriated or manually delivered, domestic animals, obligations, certain products of labor or skill, and rights created or granted by statute.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 1. NATURE OF PROPERTY [654 - 663] ( Title 1 enacted 1872. ) ## 655. There may be ownership of all inanimate things which are capable of appropriation or of manual delivery; of all domestic animals; of all obligations; of such products of labor or skill as the composition of an author, the good will of a business, trade marks and signs, and of rights created or granted by statute. (Enacted 1872.)
  101. 6550.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 1. General Provisions [6500 - 6566] ( Chapter 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 2. Definitions [6526 - 6566] ( Article 2 added by Stats. 2013, Ch. 605, Sec. 21. )

    Verify source ↗

    This section defines “exclusive use common area” and specifies when certain fixtures or telephone wiring are treated as that type of common area.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 1. General Provisions [6500 - 6566] ( Chapter 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 2. Definitions [6526 - 6566] ( Article 2 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6550. (a) “Exclusive use common area” means a portion of the common area designated by the declaration for the exclusive use of one or more, but fewer than all, of the owners of the separate interests and which is or will be appurtenant to the separate interest or interests. (b) Unless the declaration otherwise provides, any shutters, awnings, window boxes, doorsteps, stoops, porches, balconies, patios, exterior doors, doorframes, and hardware incident thereto, screens and windows or other fixtures designed to serve a single separate interest, but located outside the boundaries of the separate interest, are exclusive use common area allocated exclusively to that separate interest. (c) Notwithstanding the provisions of the declaration, internal and external telephone wiring designed to serve a single separate interest, but located outside the boundaries of the separate interest, is exclusive use common area allocated exclusively to that separate interest. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  102. 6552.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 1. General Provisions [6500 - 6566] ( Chapter 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 2. Definitions [6526 - 6566] ( Article 2 added by Stats. 2013, Ch. 605, Sec. 21. )

    Verify source ↗

    This section defines “governing documents” as the declaration and related documents that govern a common interest development or association.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 1. General Provisions [6500 - 6566] ( Chapter 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 2. Definitions [6526 - 6566] ( Article 2 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6552. “Governing documents” means the declaration and any other documents, such as bylaws, operating rules, articles of incorporation, or articles of association, which govern the operation of the common interest development or association. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  103. 6553.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 1. General Provisions [6500 - 6566] ( Chapter 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 2. Definitions [6526 - 6566] ( Article 2 added by Stats. 2013, Ch. 605, Sec. 21. )

    Verify source ↗

    “Individual notice” means delivery of a document under Section 6514.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 1. General Provisions [6500 - 6566] ( Chapter 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 2. Definitions [6526 - 6566] ( Article 2 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6553. “Individual notice” means the delivery of a document pursuant to Section 6514. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  104. 6554.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 1. General Provisions [6500 - 6566] ( Chapter 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 2. Definitions [6526 - 6566] ( Article 2 added by Stats. 2013, Ch. 605, Sec. 21. )

    Verify source ↗

    “Member” means an owner of a separate interest.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 1. General Provisions [6500 - 6566] ( Chapter 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 2. Definitions [6526 - 6566] ( Article 2 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6554. “Member” means an owner of a separate interest. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  105. 656.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 1. NATURE OF PROPERTY [654 - 663] ( Title 1 enacted 1872. )

    Verify source ↗

    Wild animals can be owned only in the situations listed in the section.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 1. NATURE OF PROPERTY [654 - 663] ( Title 1 enacted 1872. ) ## 656. Animals wild by nature are the subjects of ownership, while living, only when on the land of the person claiming them, or when tamed, or taken and held in possession, or disabled and immediately pursued. (Enacted 1872.)
  106. 6560.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 1. General Provisions [6500 - 6566] ( Chapter 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 2. Definitions [6526 - 6566] ( Article 2 added by Stats. 2013, Ch. 605, Sec. 21. )

    Verify source ↗

    This section defines “person” broadly to include individuals, companies, government bodies, trusts, partnerships, LLCs, associations, and other entities.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 1. General Provisions [6500 - 6566] ( Chapter 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 2. Definitions [6526 - 6566] ( Article 2 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6560. “Person” means a natural person, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, association, or other entity. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  107. 6562.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 1. General Provisions [6500 - 6566] ( Chapter 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 2. Definitions [6526 - 6566] ( Article 2 added by Stats. 2013, Ch. 605, Sec. 21. )

    Verify source ↗

    “Planned development” means a real property development other than a condominium project or stock cooperative, with one or both listed common-area features.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 1. General Provisions [6500 - 6566] ( Chapter 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 2. Definitions [6526 - 6566] ( Article 2 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6562. “Planned development” means a real property development other than a condominium project, or a stock cooperative, having either or both of the following features: (a) Common area that is owned either by an association or in common by the owners of the separate interests who possess appurtenant rights to the beneficial use and enjoyment of the common area. (b) Common area and an association that maintains the common area with the power to levy assessments that may become a lien upon the separate interests in accordance with Article 2 (commencing with Section 6808) of Chapter 7. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  108. 6564.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 1. General Provisions [6500 - 6566] ( Chapter 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 2. Definitions [6526 - 6566] ( Article 2 added by Stats. 2013, Ch. 605, Sec. 21. )

    Verify source ↗

    This section defines “separate interest” in different common interest development types and explains what parts count as part of it when boundaries are set by walls, floors, or ceilings.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 1. General Provisions [6500 - 6566] ( Chapter 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 2. Definitions [6526 - 6566] ( Article 2 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6564. (a) “Separate interest” has the following meanings: (1) In a condominium project, “separate interest” means a separately owned unit, as specified in Section 6542. (2) In a planned development, “separate interest” means a separately owned lot, parcel, area, or space. (3) In a stock cooperative, “separate interest” means the exclusive right to occupy a portion of the real property, as specified in Section 6566. (b) Unless the declaration or condominium plan, if any exists, otherwise provides, if walls, floors, or ceilings are designated as boundaries of a separate interest, the interior surfaces of the perimeter walls, floors, ceilings, windows, doors, and outlets located within the separate interest are part of the separate interest and any other portions of the walls, floors, or ceilings are part of the common area. (c) The estate in a separate interest may be a fee, a life estate, an estate for years, or any combination of the foregoing. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  109. 6566.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 1. General Provisions [6500 - 6566] ( Chapter 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 2. Definitions [6526 - 6566] ( Article 2 added by Stats. 2013, Ch. 605, Sec. 21. )

    Verify source ↗

    This section defines “stock cooperative” and states that certain owners’ interests are treated as interests in a common interest development and a real estate development for a specified Corporations Code purpose.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 1. General Provisions [6500 - 6566] ( Chapter 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 2. Definitions [6526 - 6566] ( Article 2 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6566. “Stock cooperative” means a development in which a corporation is formed or availed of, primarily for the purpose of holding title to, either in fee simple or for a term of years, improved real property, and all or substantially all of the shareholders of the corporation receive a right of exclusive occupancy in a portion of the real property, title to which is held by the corporation. The owners’ interest in the corporation, whether evidenced by a share of stock, a certificate of membership, or otherwise, shall be deemed to be an interest in a common interest development and a real estate development for purposes of subdivision (f) of Section 25100 of the Corporations Code. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  110. 657.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 1. NATURE OF PROPERTY [654 - 663] ( Title 1 enacted 1872. )

    Verify source ↗

    Property is classified as either real (immovable) or personal (movable).

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 1. NATURE OF PROPERTY [654 - 663] ( Title 1 enacted 1872. ) ## 657. Property is either: l. Real or immovable; or, 2. Personal or movable. (Enacted 1872.)
  111. 658.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 1. NATURE OF PROPERTY [654 - 663] ( Title 1 enacted 1872. )

    Verify source ↗

    This section defines real or immovable property and lists what counts as it, including land and things attached to or appurtenant to land.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 1. NATURE OF PROPERTY [654 - 663] ( Title 1 enacted 1872. ) ## 658. Real or immovable property consists of: l. Land; 2. That which is affixed to land; 3. That which is incidental or appurtenant to land; 4. That which is immovable by law; except that for the purposes of sale, emblements, industrial growing crops and things attached to or forming part of the land, which are agreed to be severed before sale or under the contract of sale, shall be treated as goods and be governed by the provisions of the title of this code regulating the sales of goods. (Amended by Stats. 1931, Ch. 1070.)
  112. 6580.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 2. Application of Act [6580 - 6582] ( Chapter 2 added by Stats. 2013, Ch. 605, Sec. 21. )

    Verify source ↗

    This section says the act applies, and a common interest development is created when a qualifying interest is conveyed, if the listed recordings are in place.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 2. Application of Act [6580 - 6582] ( Chapter 2 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6580. Subject to Section 6582, this act applies and a common interest development is created whenever a separate interest coupled with an interest in the common area or membership in the association is, or has been, conveyed, provided all of the following are recorded: (a) A declaration. (b) A condominium plan, if any exists. (c) A final map or parcel map, if Division 2 (commencing with Section 66410) of Title 7 of the Government Code requires the recording of either a final map or parcel map for the common interest development. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  113. 6582.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 2. Application of Act [6580 - 6582] ( Chapter 2 added by Stats. 2013, Ch. 605, Sec. 21. )

    Verify source ↗

    This section says the act applies only to commercial or industrial common interest developments, and it does not apply to real property developments without common area.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 2. Application of Act [6580 - 6582] ( Chapter 2 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6582. (a) This act applies only to a commercial or industrial common interest development. (b) Nothing in this act may be construed to apply to a real property development that does not contain common area. This subdivision is declaratory of existing law. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  114. 659.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 1. NATURE OF PROPERTY [654 - 663] ( Title 1 enacted 1872. )

    Verify source ↗

    This section defines “land” as the material of the earth, including soil, rock, other substances, and space above and below it, subject to airspace limits and rights granted by law.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 1. NATURE OF PROPERTY [654 - 663] ( Title 1 enacted 1872. ) ## 659. Land is the material of the earth, whatever may be the ingredients of which it is composed, whether soil, rock, or other substance, and includes free or occupied space for an indefinite distance upwards as well as downwards, subject to limitations upon the use of airspace imposed, and rights in the use of airspace granted, by law. (Amended by Stats. 1963, Ch. 860.)
  115. 660.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 1. NATURE OF PROPERTY [654 - 663] ( Title 1 enacted 1872. )

    Verify source ↗

    This section says when a thing counts as affixed to land, and it creates a sale-related exception for certain crops and other items agreed to be severed before sale.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 1. NATURE OF PROPERTY [654 - 663] ( Title 1 enacted 1872. ) ## 660. A thing is deemed to be affixed to land when it is attached to it by roots, as in the case of trees, vines, or shrubs; or imbedded in it, as in the case of walls; or permanently resting upon it, as in the case of buildings; or permanently attached to what is thus permanent, as by means of cement, plaster, nails, bolts, or screws; except that for the purposes of sale, emblements, industrial growing crops and things attached to or forming part of the land, which are agreed to be severed before sale or under the contract of sale, shall be treated as goods and be governed by the provisions of the title of this code regulating the sales of goods. (Amended by Stats. 1931, Ch. 1070.)
  116. 6600.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 3. Governing Documents [6600 - 6632] ( Chapter 3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 1. General Provisions [6600 - 6610] ( Article 1 added by Stats. 2013, Ch. 605, Sec. 21. )

    Verify source ↗

    If there is a conflict, higher-priority governing text controls over lower-priority governing text.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 3. Governing Documents [6600 - 6632] ( Chapter 3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 1. General Provisions [6600 - 6610] ( Article 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6600. (a) To the extent of any conflict between the governing documents and the law, the law shall prevail. (b) To the extent of any conflict between the articles of incorporation and the declaration, the declaration shall prevail. (c) To the extent of any conflict between the bylaws and the articles of incorporation or declaration, the articles of incorporation or declaration shall prevail. (d) To the extent of any conflict between the operating rules and the bylaws, articles of incorporation, or declaration, the bylaws, articles of incorporation, or declaration shall prevail. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  117. 6602.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 3. Governing Documents [6600 - 6632] ( Chapter 3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 1. General Provisions [6600 - 6610] ( Article 1 added by Stats. 2013, Ch. 605, Sec. 21. )

    Verify source ↗

    Governing documents for a common interest development must be read broadly, treated as independent and severable, and Article 3 of Chapter 2 of Title 2 of Part 1 of Division 2 does not invalidate them.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 3. Governing Documents [6600 - 6632] ( Chapter 3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 1. General Provisions [6600 - 6610] ( Article 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6602. Any deed, declaration, or condominium plan for a common interest development shall be liberally construed to facilitate the operation of the common interest development, and its provisions shall be presumed to be independent and severable. Nothing in Article 3 (commencing with Section 715) of Chapter 2 of Title 2 of Part 1 of Division 2 shall operate to invalidate any provisions of the governing documents. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  118. 6604.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 3. Governing Documents [6600 - 6632] ( Chapter 3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 1. General Provisions [6600 - 6610] ( Article 1 added by Stats. 2013, Ch. 605, Sec. 21. )

    Verify source ↗

    When interpreting deeds and condominium plans, a unit’s existing physical boundaries are conclusively presumed to be its boundaries in certain condominium projects.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 3. Governing Documents [6600 - 6632] ( Chapter 3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 1. General Provisions [6600 - 6610] ( Article 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6604. In interpreting deeds and condominium plans, the existing physical boundaries of a unit in a condominium project, when the boundaries of the unit are contained within a building, or of a unit reconstructed in substantial accordance with the original plans thereof, shall be conclusively presumed to be its boundaries rather than the metes and bounds expressed in the deed or condominium plan, if any exists, regardless of settling or lateral movement of the building and regardless of minor variance between boundaries shown on the plan or in the deed and those of the building. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  119. 6606.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 3. Governing Documents [6600 - 6632] ( Chapter 3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 1. General Provisions [6600 - 6610] ( Article 1 added by Stats. 2013, Ch. 605, Sec. 21. )

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    The board must remove prohibited restrictive covenants from governing documents and restate or record/file the corrected documents; certain parties may sue for injunctive relief if the association does not delete the covenant after notice.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 3. Governing Documents [6600 - 6632] ( Chapter 3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 1. General Provisions [6600 - 6610] ( Article 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6606. (a) No declaration or other governing document shall include a restrictive covenant in violation of Section 12955 of the Government Code. (b) 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 that includes a restrictive covenant prohibited by this section to delete the restrictive covenant, and shall restate the declaration or other governing document without the restrictive covenant but with no other change to the declaration or governing document. (c) If the declaration is amended under this section, the board shall record the restated declaration in each county in which the common interest development is located. If the articles of incorporation are amended under this section, the board shall file a certificate of amendment with the Secretary of State pursuant to Section 7814 of the Corporations Code. (d) If after providing written notice to an association, pursuant to Section 6512, requesting that the association delete a restrictive covenant that violates subdivision (a), and the association fails to delete the restrictive covenant within 30 days of receiving the notice, Civil Rights Department, a city or county in which a common interest development is located, or any person may bring an action against the association for injunctive relief to enforce subdivision (a). The court may award attorney’s fees to the prevailing party. (Amended by Stats. 2022, Ch. 48, Sec. 8. (SB 189) Effective June 30, 2022.)
  120. 6608.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 3. Governing Documents [6600 - 6632] ( Chapter 3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 1. General Provisions [6600 - 6610] ( Article 1 added by Stats. 2013, Ch. 605, Sec. 21. )

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    The board may delete certain developer-facilitating provisions from governing documents after construction and marketing are finished, but it must give 30 days’ notice, hold the decision in an open meeting, and get approval from a majority of a quorum of members.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 3. Governing Documents [6600 - 6632] ( Chapter 3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 1. General Provisions [6600 - 6610] ( Article 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6608. (a) Notwithstanding any provision of the governing documents to the contrary, the board may, after the developer has completed construction of the development, has terminated construction activities, and has terminated marketing activities for the sale, lease, or other disposition of separate interests within the development, adopt an amendment deleting from any of the governing documents any provision which is unequivocally designed and intended, or which by its nature can only have been designed or intended, to facilitate the developer in completing the construction or marketing of the development. However, provisions of the governing documents relative to a particular construction or marketing phase of the development may not be deleted under the authorization of this subdivision until that construction or marketing phase has been completed. (b) The provisions which may be deleted by action of the board shall be limited to those which provide for access by the developer over or across the common area for the purposes of (1) completion of construction of the development, and (2) the erection, construction, or maintenance of structures or other facilities designed to facilitate the completion of construction or marketing of separate interests. (c) At least 30 days prior to taking action pursuant to subdivision (a), the board shall deliver to all members, by individual delivery pursuant to Section 6514, (1) a copy of all amendments to the governing documents proposed to be adopted under subdivision (a), and (2) a notice of the time, date, and place the board will consider adoption of the amendments. The board may consider adoption of amendments to the governing documents pursuant to subdivision (a) only at a meeting that is open to all members, who shall be given opportunity to make comments thereon. All deliberations of the board on any action proposed under subdivision (a) shall only be conducted in an open meeting. (d) The board may not amend the governing documents pursuant to this section without the approval of a majority of a quorum of the members, pursuant to Section 6524. For the purposes of this section, “quorum” means more than 50 percent of the members who own no more than two separate interests in the development. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  121. 6610.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 3. Governing Documents [6600 - 6632] ( Chapter 3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 1. General Provisions [6600 - 6610] ( Article 1 added by Stats. 2013, Ch. 605, Sec. 21. )

    Verify source ↗

    The board may fix a cross-reference in the governing documents by board resolution, and member approval is not required.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 3. Governing Documents [6600 - 6632] ( Chapter 3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 1. General Provisions [6600 - 6610] ( Article 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6610. (a) Notwithstanding any other law or provision of the governing documents, if the governing documents include a reference to a provision of the Davis-Stirling Common Interest Development Act that was continued in a new provision by the act that added this section, the board may amend the governing documents, solely to correct the cross-reference, by adopting a board resolution that shows the correction. Member approval is not required in order to adopt a resolution pursuant to this section. (b) A declaration that is corrected under this section may be restated in corrected form and recorded, provided that a copy of the board resolution authorizing the corrections is recorded along with the restated declaration. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  122. 6614.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 3. Governing Documents [6600 - 6632] ( Chapter 3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 2. Declaration [6614 - 6620] ( Article 2 added by Stats. 2013, Ch. 605, Sec. 21. )

    Verify source ↗

    A declaration recorded on or after January 1, 1986 must include a legal description, identify the development type, and state the association name and intended equitable servitude restrictions. It may also include other matters the declarant or members consider appropriate.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 3. Governing Documents [6600 - 6632] ( Chapter 3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 2. Declaration [6614 - 6620] ( Article 2 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6614. (a) A declaration, recorded on or after January 1, 1986, shall contain a legal description of the common interest development, and a statement that the common interest development is a condominium project, planned development, stock cooperative, or combination thereof. The declaration shall additionally set forth the name of the association and the restrictions on the use or enjoyment of any portion of the common interest development that are intended to be enforceable equitable servitudes. (b) The declaration may contain any other matters the declarant or the members consider appropriate. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  123. 6616.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 3. Governing Documents [6600 - 6632] ( Chapter 3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 2. Declaration [6614 - 6620] ( Article 2 added by Stats. 2013, Ch. 605, Sec. 21. )

    Verify source ↗

    A declaration may be amended at any time unless its express terms say it is not amendable, in whole or in part.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 3. Governing Documents [6600 - 6632] ( Chapter 3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 2. Declaration [6614 - 6620] ( Article 2 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6616. Except to the extent that a declaration provides by its express terms that it is not amendable, in whole or in part, a declaration that fails to include provisions permitting its amendment at all times during its existence may be amended at any time. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  124. 6618.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 3. Governing Documents [6600 - 6632] ( Chapter 3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 2. Declaration [6614 - 6620] ( Article 2 added by Stats. 2013, Ch. 605, Sec. 21. )

    Verify source ↗

    A declaration with a termination date and no extension provision may be extended before it ends if members approve it.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 3. Governing Documents [6600 - 6632] ( Chapter 3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 2. Declaration [6614 - 6620] ( Article 2 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6618. (a) The Legislature finds that there are common interest developments that have been created with deed restrictions that do not provide a means for the members to extend the term of the declaration. The Legislature further finds that covenants and restrictions, contained in the declaration, are an appropriate method for protecting the common plan of developments and to provide for a mechanism for financial support for the upkeep of common area including, but not limited to, roofs, roads, heating systems, and recreational facilities. If declarations terminate prematurely, common interest developments may deteriorate and the supply of affordable units could be impacted adversely. The Legislature further finds and declares that it is in the public interest to provide a vehicle for extending the term of the declaration if the extension is approved by a majority of all members, pursuant to Section 6522. (b) A declaration that specifies a termination date, but that contains no provision for extension of the termination date, may be extended, before its termination date, by the approval of members pursuant to Section 6620. (c) No single extension of the terms of the declaration made pursuant to this section shall exceed the initial term of the declaration or 20 years, whichever is less. However, more than one extension may occur pursuant to this section. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  125. 662.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 1. NATURE OF PROPERTY [654 - 663] ( Title 1 enacted 1872. )

    Verify source ↗

    A thing is treated as incidental or appurtenant to land when it is rightfully used with the land for the land’s benefit.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 1. NATURE OF PROPERTY [654 - 663] ( Title 1 enacted 1872. ) ## 662. A thing is deemed to be incidental or appurtenant to land when it is by right used with the land for its benefit, as in the case of a way, or watercourse, or of a passage for light, air, or heat from or across the land of another. (Enacted 1872.)
  126. 6620.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 3. Governing Documents [6600 - 6632] ( Chapter 3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 2. Declaration [6614 - 6620] ( Article 2 added by Stats. 2013, Ch. 605, Sec. 21. )

    Verify source ↗

    A declaration can be amended under the declaration or this act, but the amendment is effective only after notice, required approval, certification, and county recording.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 3. Governing Documents [6600 - 6632] ( Chapter 3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 2. Declaration [6614 - 6620] ( Article 2 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6620. (a) A declaration may be amended pursuant to the declaration or this act. An amendment is effective after all of the following requirements have been met: (1) The proposed amendment has been delivered by individual notice to all members not less than 15 days and not more than 60 days prior to any approval being solicited. (2) The amendment has been approved by the percentage of members required by the declaration and any other person whose approval is required by the declaration. (3) That fact has been certified in a writing executed and acknowledged by the officer designated in the declaration or by the association for that purpose, or if no one is designated, by the president of the association. (4) The amendment has been recorded in each county in which a portion of the common interest development is located. (b) If the declaration does not specify the percentage of members who must approve an amendment of the declaration, an amendment may be approved by a majority of all members, pursuant to Section 6522. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  127. 6622.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 3. Governing Documents [6600 - 6632] ( Chapter 3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 3. Articles of Incorporation [6622- 6622.] ( Article 3 added by Stats. 2013, Ch. 605, Sec. 21. )

    Verify source ↗

    Association incorporation papers filed with the Secretary of State must include specific identifying information about the association and its management details.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 3. Governing Documents [6600 - 6632] ( Chapter 3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 3. Articles of Incorporation [6622- 6622.] ( Article 3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6622. (a) The articles of incorporation of an association filed with the Secretary of State shall include a statement, which shall be in addition to the statement of purposes of the corporation, that does all of the following: (1) Identifies the corporation as an association formed to manage a common interest development under the Commercial and Industrial Common Interest Development Act. (2) States the business or corporate office of the association, if any, and, if the office is not on the site of the common interest development, states the front street and nearest cross street for the physical location of the common interest development. (3) States the name and address of the association’s managing agent, if any. (b) The statement filed by an incorporated association with the Secretary of State pursuant to Section 8210 of the Corporations Code shall also contain a statement identifying the corporation as an association formed to manage a common interest development under the Commercial and Industrial Common Interest Development Act. (c) Documents filed prior to January 1, 2014, in compliance with former Section 1363.5, as it read on January 1, 2013, are deemed to be in compliance with this section. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  128. 6624.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 3. Governing Documents [6600 - 6632] ( Chapter 3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 4. Condominium Plan [6624 - 6628] ( Article 4 added by Stats. 2013, Ch. 605, Sec. 21. )

    Verify source ↗

    A condominium plan must include specified project descriptions and a consenting certificate.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 3. Governing Documents [6600 - 6632] ( Chapter 3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 4. Condominium Plan [6624 - 6628] ( Article 4 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6624. A condominium plan shall contain all of the following: (a) A description or survey map of a condominium project, which shall refer to or show monumentation on the ground. (b) A three-dimensional description of a condominium project, one or more dimensions of which may extend for an indefinite distance upwards or downwards, in sufficient detail to identify the common area and each separate interest. (c) A certificate consenting to the recordation of the condominium plan pursuant to this act that is signed and acknowledged as provided in Section 6626. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  129. 6626.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 3. Governing Documents [6600 - 6632] ( Chapter 3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 4. Condominium Plan [6624 - 6628] ( Article 4 added by Stats. 2013, Ch. 605, Sec. 21. )

    Verify source ↗

    The certificate for recording a condominium plan must be signed and acknowledged by specified property interest holders, with a limited exemption for certain nonpossessory interest owners.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 3. Governing Documents [6600 - 6632] ( Chapter 3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 4. Condominium Plan [6624 - 6628] ( Article 4 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6626. (a) The certificate consenting to the recordation of a condominium plan that is required by subdivision (c) of Section 6624 shall be signed and acknowledged by all of the following persons: (1) The record owner of fee title to that property included in the condominium project. (2) In the case of a condominium project that will terminate upon the termination of an estate for years, by all lessors and lessees of the estate for years. (3) In the case of a condominium project subject to a life estate, by all life tenants and remainder interests. (4) The trustee or the beneficiary of each recorded deed of trust, and the mortgagee of each recorded mortgage encumbering the property. (b) Owners of mineral rights, easements, rights-of-way, and other nonpossessory interests do not need to sign the certificate. (c) In the event a conversion to condominiums of a stock cooperative has been approved by the required number of owners, trustees, beneficiaries, and mortgagees pursuant to Section 66452.10 of the Government Code, the certificate need only be signed by those owners, trustees, beneficiaries, and mortgagees approving the conversion. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  130. 6628.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 3. Governing Documents [6600 - 6632] ( Chapter 3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 4. Condominium Plan [6624 - 6628] ( Article 4 added by Stats. 2013, Ch. 605, Sec. 21. )

    Verify source ↗

    A condominium plan may be amended or revoked only by a recorded instrument that is acknowledged and signed by all persons whose signatures are required under Section 6626.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 3. Governing Documents [6600 - 6632] ( Chapter 3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 4. Condominium Plan [6624 - 6628] ( Article 4 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6628. A condominium plan may be amended or revoked by a recorded instrument that is acknowledged and signed by all the persons who, at the time of amendment or revocation, are persons whose signatures are required under Section 6626. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  131. 663.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 1. NATURE OF PROPERTY [654 - 663] ( Title 1 enacted 1872. )

    Verify source ↗

    Property that is not real is classified as personal property.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 1. NATURE OF PROPERTY [654 - 663] ( Title 1 enacted 1872. ) ## 663. Every kind of property that is not real is personal. (Enacted 1872.)
  132. 6630.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 3. Governing Documents [6600 - 6632] ( Chapter 3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 5. Operating Rules [6630 - 6632] ( Article 5 added by Stats. 2013, Ch. 605, Sec. 21. )

    Verify source ↗

    This section defines “operating rule” as a board-adopted regulation that generally governs the management and operation of the common interest development or the association’s business and affairs.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 3. Governing Documents [6600 - 6632] ( Chapter 3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 5. Operating Rules [6630 - 6632] ( Article 5 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6630. For the purposes of this article, “operating rule” means a regulation adopted by the board that applies generally to the management and operation of the common interest development or the conduct of the business and affairs of the association. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  133. 6632.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 3. Governing Documents [6600 - 6632] ( Chapter 3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 5. Operating Rules [6630 - 6632] ( Article 5 added by Stats. 2013, Ch. 605, Sec. 21. )

    Verify source ↗

    An operating rule is valid and enforceable only if it is written, within the board’s authority, not inconsistent with governing documents or governing law, and reasonable and adopted, amended, or repealed in good faith.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 3. Governing Documents [6600 - 6632] ( Chapter 3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 5. Operating Rules [6630 - 6632] ( Article 5 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6632. An operating rule is valid and enforceable only if all of the following requirements are satisfied: (a) The rule is in writing. (b) The rule is within the authority of the board conferred by law or by the declaration, articles of incorporation or association, or bylaws of the association. (c) The rule is not in conflict with governing law and the declaration, articles of incorporation or association, or bylaws of the association. (d) The rule is reasonable, and is adopted, amended, or repealed in good faith. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  134. 6650.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 4. Ownership and Transfer of Interests [6650 - 6670] ( Chapter 4 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 1. Ownership Rights and Interests [6650 - 6654] ( Article 1 added by Stats. 2013, Ch. 605, Sec. 21. )

    Verify source ↗

    By default, common area in the covered developments is owned as tenants in common in equal shares, one share for each separate interest, unless the declaration says otherwise.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 4. Ownership and Transfer of Interests [6650 - 6670] ( Chapter 4 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 1. Ownership Rights and Interests [6650 - 6654] ( Article 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6650. Unless the declaration otherwise provides, in a condominium project, or in a planned development in which the common area is owned by the owners of the separate interests, the common area is owned as tenants in common, in equal shares, one for each separate interest. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  135. 6652.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 4. Ownership and Transfer of Interests [6650 - 6670] ( Chapter 4 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 1. Ownership Rights and Interests [6650 - 6654] ( Article 1 added by Stats. 2013, Ch. 605, Sec. 21. )

    Verify source ↗

    Unless the declaration says otherwise, separate interests in certain common interest developments have rights to ingress, egress, and support through the common area, and the common area is subject to those rights.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 4. Ownership and Transfer of Interests [6650 - 6670] ( Chapter 4 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 1. Ownership Rights and Interests [6650 - 6654] ( Article 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6652. Unless the declaration otherwise provides: (a) In a condominium project, and in those planned developments with common area owned in common by the owners of the separate interests, there are appurtenant to each separate interest nonexclusive rights of ingress, egress, and support, if necessary, through the common area. The common area is subject to these rights. (b) In a stock cooperative, and in a planned development with common area owned by the association, there is an easement for ingress, egress, and support, if necessary, appurtenant to each separate interest. The common area is subject to these easements. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  136. 6654.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 4. Ownership and Transfer of Interests [6650 - 6670] ( Chapter 4 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 1. Ownership Rights and Interests [6650 - 6654] ( Article 1 added by Stats. 2013, Ch. 605, Sec. 21. )

    Verify source ↗

    An association may not deny a member or occupant physical access to the member’s or occupant’s separate interest, except as otherwise provided by law, a court order, or a final and binding arbitration order.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 4. Ownership and Transfer of Interests [6650 - 6670] ( Chapter 4 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 1. Ownership Rights and Interests [6650 - 6654] ( Article 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6654. Except as otherwise provided in law, an order of the court, or an order pursuant to a final and binding arbitration decision, an association may not deny a member or occupant physical access to the member’s or occupant’s separate interest, either by restricting access through the common area to the separate interest, or by restricting access solely to the separate interest. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  137. 6656.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 4. Ownership and Transfer of Interests [6650 - 6670] ( Chapter 4 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 2. Restrictions on Transfers [6656 - 6660] ( Article 2 added by Stats. 2013, Ch. 605, Sec. 21. )

    Verify source ↗

    This section generally keeps a condominium project’s common area undivided and bars judicial partition, except as allowed here.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 4. Ownership and Transfer of Interests [6650 - 6670] ( Chapter 4 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 2. Restrictions on Transfers [6656 - 6660] ( Article 2 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6656. (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. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  138. 6658.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 4. Ownership and Transfer of Interests [6650 - 6670] ( Chapter 4 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 2. Restrictions on Transfers [6656 - 6660] ( Article 2 added by Stats. 2013, Ch. 605, Sec. 21. )

    Verify source ↗

    This section limits when work, services, or materials can support a lien on another owner's property in a common interest development, and lets a separate-interest owner remove that interest from a multi-unit lien by paying its share or posting a lien release bond.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 4. Ownership and Transfer of Interests [6650 - 6670] ( Chapter 4 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 2. Restrictions on Transfers [6656 - 6660] ( Article 2 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6658. (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 any other 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 shall be 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, shall be 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. 2017, Ch. 44, Sec. 3. (AB 534) Effective January 1, 2018.)
  139. 6660.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 4. Ownership and Transfer of Interests [6650 - 6670] ( Chapter 4 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 2. Restrictions on Transfers [6656 - 6660] ( Article 2 added by Stats. 2013, Ch. 605, Sec. 21. )

    Verify source ↗

    If the association is served with a claim of lien for a work of improvement on a 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 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 4. Ownership and Transfer of Interests [6650 - 6670] ( Chapter 4 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 2. Restrictions on Transfers [6656 - 6660] ( Article 2 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6660. 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 6514. (Added by Stats. 2017, Ch. 44, Sec. 4. (AB 534) Effective January 1, 2018.)
  140. 6662.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 4. Ownership and Transfer of Interests [6650 - 6670] ( Chapter 4 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 3. Transfer of Separate Interest [6662 - 6670] ( Article 3 added by Stats. 2013, Ch. 605, Sec. 21. )

    Verify source ↗

    In a condominium project, the common area cannot be partitioned except as allowed by Section 6656.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 4. Ownership and Transfer of Interests [6650 - 6670] ( Chapter 4 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 3. Transfer of Separate Interest [6662 - 6670] ( Article 3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6662. In a condominium project the common area is not subject to partition, except as provided in Section 6656. 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. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  141. 6664.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 4. Ownership and Transfer of Interests [6650 - 6670] ( Chapter 4 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 3. Transfer of Separate Interest [6662 - 6670] ( Article 3 added by Stats. 2013, Ch. 605, Sec. 21. )

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    In a planned development, transferring a separate interest also transfers any undivided common-area interest, and transferring the owner’s entire estate also transfers the 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 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 4. Ownership and Transfer of Interests [6650 - 6670] ( Chapter 4 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 3. Transfer of Separate Interest [6662 - 6670] ( Article 3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6664. 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. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  142. 6666.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 4. Ownership and Transfer of Interests [6650 - 6670] ( Chapter 4 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 3. Transfer of Separate Interest [6662 - 6670] ( Article 3 added by Stats. 2013, Ch. 605, Sec. 21. )

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    In a stock cooperative, transfers of a separate interest also transfer the corporation ownership interest; transfers of the owner’s entire estate also transfer the 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 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 4. Ownership and Transfer of Interests [6650 - 6670] ( Chapter 4 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 3. Transfer of Separate Interest [6662 - 6670] ( Article 3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6666. 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. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  143. 6668.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 4. Ownership and Transfer of Interests [6650 - 6670] ( Chapter 4 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 3. Transfer of Separate Interest [6662 - 6670] ( Article 3 added by Stats. 2013, Ch. 605, Sec. 21. )

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    The article does not prohibit transferring exclusive use areas if the declaration expressly allows separate transfer 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 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 4. Ownership and Transfer of Interests [6650 - 6670] ( Chapter 4 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 3. Transfer of Separate Interest [6662 - 6670] ( Article 3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6668. 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. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  144. 6670.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 4. Ownership and Transfer of Interests [6650 - 6670] ( Chapter 4 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 3. Transfer of Separate Interest [6662 - 6670] ( Article 3 added by Stats. 2013, Ch. 605, Sec. 21. )

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    Restrictions in a declaration about severability of real property interests are not treated as repugnant conditions, and they cannot last longer than the period when partition rights are suspended under Section 6656.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 4. Ownership and Transfer of Interests [6650 - 6670] ( Chapter 4 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 3. Transfer of Separate Interest [6662 - 6670] ( Article 3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6670. 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 6656. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  145. 669.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 1. Owners [669 - [671.]] ( Chapter 1 enacted 1872. )

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    Property must have an owner; the owner may be the State or an individual, and property may be public or private.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 1. Owners [669 - [671.]] ( Chapter 1 enacted 1872. ) ## 669. All property has an owner, whether that owner is the State, and the property public, or the owner an individual, and the property private. The State may also hold property as a private proprietor. (Enacted 1872.)
  146. 6700.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 5. Property Use and Maintenance [6700 - 6722] ( Chapter 5 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 1. Protected Uses [6700 - 6713] ( Article 1 added by Stats. 2013, Ch. 605, Sec. 21. )

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    This section says the article contains rules that limit an association’s or governing documents’ authority to regulate how a member uses a separate interest.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 5. Property Use and Maintenance [6700 - 6722] ( Chapter 5 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 1. Protected Uses [6700 - 6713] ( Article 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6700. 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. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  147. 6702.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 5. Property Use and Maintenance [6700 - 6722] ( Chapter 5 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 1. Protected Uses [6700 - 6713] ( Article 1 added by Stats. 2013, Ch. 605, Sec. 21. )

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    A governing document generally cannot restrict a member from displaying the United States flag in the member’s separate interest or exclusive use common area, unless needed to protect public health or safety.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 5. Property Use and Maintenance [6700 - 6722] ( Chapter 5 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 1. Protected Uses [6700 - 6713] ( Article 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6702. (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. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  148. 6704.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 5. Property Use and Maintenance [6700 - 6722] ( Chapter 5 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 1. Protected Uses [6700 - 6713] ( Article 1 added by Stats. 2013, Ch. 605, Sec. 21. )

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    Governing documents may not ban noncommercial signs, posters, flags, or banners on a member’s separate interest, except for health/safety reasons or if another law is violated. Associations may limit oversized signs, flags, and banners.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 5. Property Use and Maintenance [6700 - 6722] ( Chapter 5 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 1. Protected Uses [6700 - 6713] ( Article 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6704. (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. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  149. 6706.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 5. Property Use and Maintenance [6700 - 6722] ( Chapter 5 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 1. Protected Uses [6700 - 6713] ( Article 1 added by Stats. 2013, Ch. 605, Sec. 21. )

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    This section says Section 4715 applies to certain owners in a common interest development who kept a pet there before January 1, 2014, despite Section 4202.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 5. Property Use and Maintenance [6700 - 6722] ( Chapter 5 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 1. Protected Uses [6700 - 6713] ( Article 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6706. Notwithstanding Section 4202, Section 4715 applies to an owner of a separate interest in a common interest development who kept a pet in that common interest development before January 1, 2014. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  150. 6708.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 5. Property Use and Maintenance [6700 - 6722] ( Chapter 5 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 1. Protected Uses [6700 - 6713] ( Article 1 added by Stats. 2013, Ch. 605, Sec. 21. )

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    Limits HOA-style restrictions on small video or TV antennas and satellite dishes, requires approvals to be handled promptly, and awards reasonable attorney’s fees to the prevailing party in enforcement actions.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 5. Property Use and Maintenance [6700 - 6722] ( Chapter 5 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 1. Protected Uses [6700 - 6713] ( Article 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6708. (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. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  151. 6710.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 5. Property Use and Maintenance [6700 - 6722] ( Chapter 5 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 1. Protected Uses [6700 - 6713] ( Article 1 added by Stats. 2013, Ch. 605, Sec. 21. )

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    An association may not use governing documents to charge more than its actual/direct costs for marketing-related assessments or fees, or to force sales/marketing through an exclusive real estate broker relationship. Some association-owned sales and common-area sales, and rules on real estate signs under Sections 712 or 713, are excepted.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 5. Property Use and Maintenance [6700 - 6722] ( Chapter 5 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 1. Protected Uses [6700 - 6713] ( Article 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6710. (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. (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. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  152. 6712.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 5. Property Use and Maintenance [6700 - 6722] ( Chapter 5 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 1. Protected Uses [6700 - 6713] ( Article 1 added by Stats. 2013, Ch. 605, Sec. 21. )

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    A governing document rule is void if it blocks low water-using plants or interferes with required water-efficient landscape compliance.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 5. Property Use and Maintenance [6700 - 6722] ( Chapter 5 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 1. Protected Uses [6700 - 6713] ( Article 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6712. (a) Notwithstanding any other law, a provision of the governing documents 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. (2) 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 the requirements of subdivision (a). (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  153. 6713.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 5. Property Use and Maintenance [6700 - 6722] ( Chapter 5 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 1. Protected Uses [6700 - 6713] ( Article 1 added by Stats. 2013, Ch. 605, Sec. 21. )

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    This section limits restrictions on electric vehicle charging stations in common interest developments and sets approval, insurance, responsibility, and enforcement rules.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 5. Property Use and Maintenance [6700 - 6722] ( Chapter 5 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 1. Protected Uses [6700 - 6713] ( Article 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6713. (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 6552, that either effectively prohibits or unreasonably restricts the installation or use of an electric vehicle charging station in an owner’s 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 the provisions of 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 that names the association as an additional insured under the owner’s insurance policy in the amount set forth in paragraph (3). (D) Pay for 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 and each successive owner of the charging station, at all times, shall maintain a liability coverage policy in the amount of one million dollars ($1,000,000), and shall name the association as a named additional insured under the policy with a right to notice of cancellation. (4) An owner shall not be required to maintain a 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 to enforce compliance with this section, the prevailing plaintiff shall be awarded reasonable attorney’s fees. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  154. 6714.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 5. Property Use and Maintenance [6700 - 6722] ( Chapter 5 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 2. Modification of Separate Interest [6714- 6714.] ( Article 2 added by Stats. 2013, Ch. 605, Sec. 21. )

    Verify source ↗

    A member may make certain improvements or accessibility modifications to a separate interest, subject to governing documents and applicable law.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 5. Property Use and Maintenance [6700 - 6722] ( Chapter 5 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 2. Modification of Separate Interest [6714- 6714.] ( Article 2 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6714. (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 separate interest 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. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  155. 6716.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 5. Property Use and Maintenance [6700 - 6722] ( Chapter 5 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 3. Maintenance [6716 - 6722] ( Article 3 added by Stats. 2013, Ch. 605, Sec. 21. )

    Verify source ↗

    By default, the association must repair, replace, or maintain the common area, and each separate-interest owner must maintain their own unit and any appurtenant exclusive-use common area.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 5. Property Use and Maintenance [6700 - 6722] ( Chapter 5 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 3. Maintenance [6716 - 6722] ( Article 3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6716. (a) Unless otherwise provided in the declaration of a common interest development, the association is responsible for repairing, replacing, or maintaining the common area, other than exclusive use common area, and the owner of each separate interest is responsible for maintaining that separate interest and any exclusive use common area appurtenant to the separate interest. (b) The costs of temporary relocation during the repair and maintenance of the areas within the responsibility of the association shall be borne by the owner of the separate interest affected. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  156. 6718.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 5. Property Use and Maintenance [6700 - 6722] ( Chapter 5 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 3. Maintenance [6716 - 6722] ( Article 3 added by Stats. 2013, Ch. 605, Sec. 21. )

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    This section assigns responsibility for pest-related repair and maintenance in certain common-interest developments, with exceptions based on the declaration.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 5. Property Use and Maintenance [6700 - 6722] ( Chapter 5 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 3. Maintenance [6716 - 6722] ( Article 3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6718. (a) In a 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 6522, that responsibility may be delegated to the association, which shall be entitled to recover the cost thereof as a special assessment. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  157. 6720.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 5. Property Use and Maintenance [6700 - 6722] ( Chapter 5 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 3. Maintenance [6716 - 6722] ( Article 3 added by Stats. 2013, Ch. 605, Sec. 21. )

    Verify source ↗

    The association may temporarily remove occupants when needed for pest treatment, and it must give advance notice to occupants and owners.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 5. Property Use and Maintenance [6700 - 6722] ( Chapter 5 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 3. Maintenance [6716 - 6722] ( Article 3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6720. (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 6514 of a copy of the notice to the owner. (2) Individual delivery pursuant to Section 6514 to the occupant at the address of the separate interest, and, if the occupant is not the owner, individual delivery pursuant to Section 6514 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. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  158. 6722.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 5. Property Use and Maintenance [6700 - 6722] ( Chapter 5 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 3. Maintenance [6716 - 6722] ( Article 3 added by Stats. 2013, Ch. 605, Sec. 21. )

    Verify source ↗

    A member may access the common area reasonably to maintain telephone wiring serving the member’s separate interest, but the association must consent and may set reasonable conditions.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 5. Property Use and Maintenance [6700 - 6722] ( Chapter 5 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 3. Maintenance [6716 - 6722] ( Article 3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6722. 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 6550. 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. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  159. 6750.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 6. Association Governance [6750 - 6760] ( Chapter 6 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 1. Association Existence and Powers [6750 - 6752] ( Article 1 added by Stats. 2013, Ch. 605, Sec. 21. )

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    A common interest development must be managed by an association, which 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 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 6. Association Governance [6750 - 6760] ( Chapter 6 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 1. Association Existence and Powers [6750 - 6752] ( Article 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6750. 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. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  160. 6752.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 6. Association Governance [6750 - 6760] ( Chapter 6 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 1. Association Existence and Powers [6750 - 6752] ( Article 1 added by Stats. 2013, Ch. 605, Sec. 21. )

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    An association may exercise certain nonprofit mutual benefit corporation powers, and may also exercise powers granted to an association in the act; an unincorporated association may not adopt or 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 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 6. Association Governance [6750 - 6760] ( Chapter 6 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 1. Association Existence and Powers [6750 - 6752] ( Article 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6752. (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. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  161. 6756.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 6. Association Governance [6750 - 6760] ( Chapter 6 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 2. Record Keeping [6756- 6756.] ( Article 2 added by Stats. 2013, Ch. 605, Sec. 21. )

    Verify source ↗

    A request to change a member’s information in the association membership list is effective only if it is made in writing and delivered 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 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 6. Association Governance [6750 - 6760] ( Chapter 6 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 2. Record Keeping [6756- 6756.] ( Article 2 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6756. To be effective, a request to change the member’s information in the association membership list shall be delivered in writing to the association, pursuant to Section 6512. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  162. 6758.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 6. Association Governance [6750 - 6760] ( Chapter 6 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 3. Conflict of Interest [6758- 6758.] ( Article 3 added by Stats. 2013, Ch. 605, Sec. 21. )

    Verify source ↗

    Board or committee members may 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 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 6. Association Governance [6750 - 6760] ( Chapter 6 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 3. Conflict of Interest [6758- 6758.] ( Article 3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6758. (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. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  163. 6760.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 6. Association Governance [6750 - 6760] ( Chapter 6 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 4. Government Assistance [6760- 6760.] ( Article 4 added by Stats. 2013, Ch. 605, Sec. 21. )

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    Associations managing commercial or industrial common interest developments must file specified information with the Secretary of State, pay a fee up to $30, and update address changes 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 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 6. Association Governance [6750 - 6760] ( Chapter 6 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 4. Government Assistance [6760- 6760.] ( Article 4 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6760. (a) To assist with the identification of commercial or industrial common interest developments, each association, whether incorporated or unincorporated, shall submit to the Secretary of State, on a form and for a fee, to cover the reasonable cost to the Secretary of State of processing the form, 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 Commercial and Industrial 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 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 of 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, to cover the reasonable cost to the Secretary of State of processing the form, 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) Whenever any form is filed pursuant to this section, it supersedes any previously filed form. (g) 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. (Amended (as amended by Stats. 2021, Ch. 615, Sec. 54) by Stats. 2022, Ch. 617, Sec. 2. (SB 1202) Effective January 1, 2023.)
  164. 678.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Interests in Property [678 - 703] ( Article 1 enacted 1872. )

    Verify source ↗

    Property ownership is classified as either absolute or qualified.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Interests in Property [678 - 703] ( Article 1 enacted 1872. ) ## 678. The ownership of property is either: 1. Absolute; or, 2. Qualified. (Enacted 1872.)
  165. 679.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Interests in Property [678 - 703] ( Article 1 enacted 1872. )

    Verify source ↗

    Property ownership is absolute when one person has absolute dominion over it, and that person may use or dispose of the property, subject only to general laws.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Interests in Property [678 - 703] ( Article 1 enacted 1872. ) ## 679. The ownership of property is absolute when a single person has the absolute dominion over it, and may use it or dispose of it according to his pleasure, subject only to general laws. (Enacted 1872.)
  166. 680.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Interests in Property [678 - 703] ( Article 1 enacted 1872. )

    Verify source ↗

    Ownership of property is qualified when it is shared, when enjoyment is deferred or limited, or when use is restricted.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Interests in Property [678 - 703] ( Article 1 enacted 1872. ) ## 680. The ownership of property is qualified: 1. When it is shared with one or more persons; 2. When the time of enjoyment is deferred or limited; 3. When the use is restricted. (Enacted 1872.)
  167. 6800.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 7. Assessments and Assessment Collection [6800 - 6828] ( Chapter 7 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 1. Establishment and Imposition of Assessments [6800 - 6804] ( Article 1 added by Stats. 2013, Ch. 605, Sec. 21. )

    Verify source ↗

    The association must levy regular and special assessments enough to carry out its obligations under the governing documents and this act.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 7. Assessments and Assessment Collection [6800 - 6828] ( Chapter 7 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 1. Establishment and Imposition of Assessments [6800 - 6804] ( Article 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6800. The association shall levy regular and special assessments sufficient to perform its obligations under the governing documents and this act. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  168. 6804.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 7. Assessments and Assessment Collection [6800 - 6828] ( Chapter 7 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 1. Establishment and Imposition of Assessments [6800 - 6804] ( Article 1 added by Stats. 2013, Ch. 605, Sec. 21. )

    Verify source ↗

    Regular assessments used to meet an association’s obligations are exempt from judgment creditor execution, but only as needed for essential services.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 7. Assessments and Assessment Collection [6800 - 6828] ( Chapter 7 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 1. Establishment and Imposition of Assessments [6800 - 6804] ( Article 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6804. (a) Regular assessments imposed or collected to perform the obligations of an association under the governing documents or this act shall be exempt from execution by a judgment creditor of the association only to the extent necessary for the association to perform essential services, such as paying for utilities and insurance. In determining the appropriateness of an exemption, a court shall ensure that only essential services are protected under this subdivision. (b) This exemption shall not apply to any consensual pledges, liens, or encumbrances that have been approved by a majority of a quorum of members, pursuant to Section 6524, at a member meeting or election, or to any state tax lien, or to any lien for labor or materials supplied to the common area. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  169. 6808.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 7. Assessments and Assessment Collection [6800 - 6828] ( Chapter 7 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 2. Assessment Payment and Delinquency [6808 - 6819] ( Article 2 added by Stats. 2013, Ch. 605, Sec. 21. )

    Verify source ↗

    A regular or special assessment, and related late charges, collection costs, attorney’s fees, and interest, becomes a debt of the owner when the sums are levied.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 7. Assessments and Assessment Collection [6800 - 6828] ( Chapter 7 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 2. Assessment Payment and Delinquency [6808 - 6819] ( Article 2 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6808. A regular or special assessment and any late charges, reasonable fees and costs of collection, reasonable attorney’s fees, if any, and interest, if any, shall be a debt of the owner of the separate interest at the time the assessment or other sums are levied. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  170. 681.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Interests in Property [678 - 703] ( Article 1 enacted 1872. )

    Verify source ↗

    This section defines ownership of property held by one person as a sole or several ownership.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Interests in Property [678 - 703] ( Article 1 enacted 1872. ) ## 681. The ownership of property by a single person is designated as a sole or several ownership. (Enacted 1872.)
  171. 6810.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 7. Assessments and Assessment Collection [6800 - 6828] ( Chapter 7 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 2. Assessment Payment and Delinquency [6808 - 6819] ( Article 2 added by Stats. 2013, Ch. 605, Sec. 21. )

    Verify source ↗

    An owner who pays an assessment may ask the association for a receipt, and the association must provide one and a mailing address for overnight assessment payments.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 7. Assessments and Assessment Collection [6800 - 6828] ( Chapter 7 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 2. Assessment Payment and Delinquency [6808 - 6819] ( Article 2 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6810. (a) When an owner of a separate interest makes a payment toward an assessment, the owner may request a receipt and the association shall provide it. The receipt shall indicate the date of payment and the person who received it. (b) The association shall provide a mailing address for overnight payment of assessments. (c) An owner shall not be liable for any charges, interest, or costs of collection for an assessment payment that is asserted to be delinquent, if it is determined the assessment was paid on time to the association. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  172. 6812.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 7. Assessments and Assessment Collection [6800 - 6828] ( Chapter 7 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 2. Assessment Payment and Delinquency [6808 - 6819] ( Article 2 added by Stats. 2013, Ch. 605, Sec. 21. )

    Verify source ↗

    Before recording a lien for a past-due assessment, the association must send the owner a written notice by certified mail at least 30 days in advance.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 7. Assessments and Assessment Collection [6800 - 6828] ( Chapter 7 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 2. Assessment Payment and Delinquency [6808 - 6819] ( Article 2 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6812. At least 30 days prior to recording a lien upon the separate interest of the owner of record to collect a debt that is past due under Section 6808, the association shall notify the owner of record in writing by certified mail of the following: (a) A general description of the collection and lien enforcement procedures of the association and the method of calculation of the amount, a statement that the owner of the separate interest has the right to inspect the association records pursuant to Section 8333 of the Corporations Code, and the following statement in 14-point boldface type, if printed, or in capital letters, if typed: “IMPORTANT NOTICE: IF YOUR SEPARATE INTEREST IS PLACED IN FORECLOSURE BECAUSE YOU ARE BEHIND IN YOUR ASSESSMENTS, IT MAY BE SOLD WITHOUT COURT ACTION.” (b) An itemized statement of the charges owed by the owner, including items on the statement which indicate the amount of any delinquent assessments, the fees and reasonable costs of collection, reasonable attorney’s fees, any late charges, and interest, if any. (c) A statement that the owner shall not be liable to pay the charges, interest, and costs of collection, if it is determined the assessment was paid on time to the association. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  173. 6814.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 7. Assessments and Assessment Collection [6800 - 6828] ( Chapter 7 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 2. Assessment Payment and Delinquency [6808 - 6819] ( Article 2 added by Stats. 2013, Ch. 605, Sec. 21. )

    Verify source ↗

    If an association records a notice of delinquent assessment, the assessment amount and related charges become a lien on the owner’s separate interest, and the notice must include specified information and be mailed to owners within 10 days.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 7. Assessments and Assessment Collection [6800 - 6828] ( Chapter 7 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 2. Assessment Payment and Delinquency [6808 - 6819] ( Article 2 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6814. (a) The amount of the assessment, plus any costs of collection, late charges, and interest assessed in accordance with Section 6808, shall be a lien on the owner’s separate interest in the common interest development from and after the time the association causes to be recorded with the county recorder of the county in which the separate interest is located, a notice of delinquent assessment, which shall state the amount of the assessment and other sums imposed in accordance with Section 6808, a legal description of the owner’s separate interest in the common interest development against which the assessment and other sums are levied, and the name of the record owner of the separate interest in the common interest development against which the lien is imposed. (b) The itemized statement of the charges owed by the owner described in subdivision (b) of Section 6812 shall be recorded together with the notice of delinquent assessment. (c) In order for the lien to be enforced by nonjudicial foreclosure as provided in Sections 6820 and 6822, the notice of delinquent assessment shall state the name and address of the trustee authorized by the association to enforce the lien by sale. (d) The notice of delinquent assessment shall be signed by the person designated in the declaration or by the association for that purpose, or if no one is designated, by the president of the association. (e) A copy of the recorded notice of delinquent assessment shall be mailed by certified mail to every person whose name is shown as an owner of the separate interest in the association’s records, and the notice shall be mailed no later than 10 calendar days after recordation. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  174. 6816.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 7. Assessments and Assessment Collection [6800 - 6828] ( Chapter 7 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 2. Assessment Payment and Delinquency [6808 - 6819] ( Article 2 added by Stats. 2013, Ch. 605, Sec. 21. )

    Verify source ↗

    A lien created under Section 6814 has priority over liens recorded after the notice of delinquent assessment, unless the declaration provides otherwise.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 7. Assessments and Assessment Collection [6800 - 6828] ( Chapter 7 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 2. Assessment Payment and Delinquency [6808 - 6819] ( Article 2 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6816. A lien created pursuant to Section 6814 shall be prior to all other liens recorded subsequent to the notice of delinquent assessment, except that the declaration may provide for the subordination thereof to any other liens and encumbrances. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  175. 6818.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 7. Assessments and Assessment Collection [6800 - 6828] ( Chapter 7 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 2. Assessment Payment and Delinquency [6808 - 6819] ( Article 2 added by Stats. 2013, Ch. 605, Sec. 21. )

    Verify source ↗

    The association must record a lien release or notice of rescission within 21 days after delinquent assessment sums are paid, and give the owner a copy. If a lien was recorded in error, the person who recorded it must do the same within 21 calendar days and give the owner a declaration of error and a copy.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 7. Assessments and Assessment Collection [6800 - 6828] ( Chapter 7 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 2. Assessment Payment and Delinquency [6808 - 6819] ( Article 2 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6818. (a) Within 21 days of the payment of the sums specified in the notice of delinquent assessment, the association shall record or cause to be recorded in the office of the county recorder in which the notice of delinquent assessment is recorded a lien release or notice of rescission and provide the owner of the separate interest a copy of the lien release or notice that the delinquent assessment has been satisfied. (b) If it is determined that a lien previously recorded against the separate interest was recorded in error, the party who recorded the lien shall, within 21 calendar days, record or cause to be recorded in the office of the county recorder in which the notice of delinquent assessment is recorded a lien release or notice of rescission and provide the owner of the separate interest with a declaration that the lien filing or recording was in error and a copy of the lien release or notice of rescission. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  176. 6819.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 7. Assessments and Assessment Collection [6800 - 6828] ( Chapter 7 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 2. Assessment Payment and Delinquency [6808 - 6819] ( Article 2 added by Stats. 2013, Ch. 605, Sec. 21. )

    Verify source ↗

    If an association does not follow the section’s procedures, it must restart the notice process before recording a lien, and the association must pay the restart costs.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 7. Assessments and Assessment Collection [6800 - 6828] ( Chapter 7 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 2. Assessment Payment and Delinquency [6808 - 6819] ( Article 2 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6819. An association that fails to comply with the procedures set forth in this section shall, prior to recording a lien, recommence the required notice process. Any costs associated with recommencing the notice process shall be borne by the association and not by the owner of a separate interest. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  177. 682.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Interests in Property [678 - 703] ( Article 1 enacted 1872. )

    Verify source ↗

    This section says property owned by several persons can be joint interest, partnership interests, interests in common, or community interest of spouses.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Interests in Property [678 - 703] ( Article 1 enacted 1872. ) ## 682. The ownership of property by several persons is either: (a) Of joint interest. (b) Of partnership interests. (c) Of interests in common. (d) Of community interest of spouses. (Amended by Stats. 2016, Ch. 50, Sec. 7. (SB 1005) Effective January 1, 2017.)
  178. 682.1.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Interests in Property [678 - 703] ( Article 1 enacted 1872. )

    Verify source ↗

    Community property of spouses can pass to the surviving spouse without administration if the transfer document expressly says it is community property with right of survivorship and is accepted as stated.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Interests in Property [678 - 703] ( Article 1 enacted 1872. ) ## 682.1. (a) (1) Community property of spouses, when expressly declared in the transfer document to be community property with right of survivorship, and which may be accepted in writing on the face of the document by a statement signed or initialed by the grantees, shall, upon the death of one of the spouses, pass to the survivor, without administration, pursuant to the terms of the instrument, subject to the same procedures, as property held in joint tenancy. Prior to the death of either spouse, the right of survivorship may be terminated pursuant to the same procedures by which a joint tenancy may be severed. (2) Part 1 (commencing with Section 5000) of Division 5 of the Probate Code and Chapter 2 (commencing with Section 13540), Chapter 3 (commencing with Section 13550), and Chapter 3.5 (commencing with Section 13560) of Part 2 of Division 8 of the Probate Code apply to this property. (3) For the purposes of Chapter 3 (commencing with Section 13550) of Part 2 of Division 8 of the Probate Code, this property shall be treated as if it had passed without administration under Part 2 (commencing with Section 13500) of Division 8 of the Probate Code. (b) This section does not apply to a joint account in a financial institution to which Part 2 (commencing with Section 5100) of Division 5 of the Probate Code applies. (c) This section shall become operative on July 1, 2001, and shall apply to instruments created on or after that date. (Amended by Stats. 2022, Ch. 29, Sec. 1. (AB 1716) Effective January 1, 2023.)
  179. 6820.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 7. Assessments and Assessment Collection [6800 - 6828] ( Chapter 7 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 3. Assessment Collection [6820 - 6828] ( Article 3 added by Stats. 2013, Ch. 605, Sec. 21. )

    Verify source ↗

    A lien may be enforced 30 days after it is recorded, unless this article says otherwise.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 7. Assessments and Assessment Collection [6800 - 6828] ( Chapter 7 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 3. Assessment Collection [6820 - 6828] ( Article 3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6820. (a) Except as otherwise provided in this article, after the expiration of 30 days following the recording of a lien created pursuant to Section 6814, the lien may be enforced in any manner permitted by law, including sale by the court, sale by the trustee designated in the notice of delinquent assessment, or sale by a trustee substituted pursuant to Section 2934a. (b) Nothing in Article 2 (commencing with Section 6808) or in subdivision (a) of Section 726 of the Code of Civil Procedure prohibits actions against the owner of a separate interest to recover sums for which a lien is created pursuant to Article 2 (commencing with Section 6808) or prohibits an association from taking a deed in lieu of foreclosure. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  180. 6822.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 7. Assessments and Assessment Collection [6800 - 6828] ( Chapter 7 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 3. Assessment Collection [6820 - 6828] ( Article 3 added by Stats. 2013, Ch. 605, Sec. 21. )

    Verify source ↗

    The trustee’s sale must follow specified foreclosure-related code sections; the association must serve a notice of default; an owner may appoint a legal representative; and trustee fees cannot exceed specified amounts plus service costs.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 7. Assessments and Assessment Collection [6800 - 6828] ( Chapter 7 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 3. Assessment Collection [6820 - 6828] ( Article 3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6822. (a) Any sale by the trustee shall be conducted in accordance with Sections 2924, 2924b, and 2924c applicable to the exercise of powers of sale in mortgages and deeds of trust. (b) In addition to the requirements of Section 2924, the association shall serve a notice of default on the person named as the owner of the separate interest in the association’s records or, if that person has designated a legal representative pursuant to this subdivision, on that legal representative. Service shall be in accordance with the manner of service of summons in Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. An owner may designate a legal representative in a writing that is mailed to the association in a manner that indicates that the association has received it. (c) The fees of a trustee may not exceed the amounts prescribed in Sections 2924c and 2924d, plus the cost of service for the notice of default pursuant to subdivision (b). (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  181. 6824.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 7. Assessments and Assessment Collection [6800 - 6828] ( Chapter 7 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 3. Assessment Collection [6820 - 6828] ( Article 3 added by Stats. 2013, Ch. 605, Sec. 21. )

    Verify source ↗

    An association may treat certain repair-cost charges as a lien if the governing documents allow it, but it may not treat disciplinary penalties for noncompliance as lienable assessments, except for late payments.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 7. Assessments and Assessment Collection [6800 - 6828] ( Chapter 7 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 3. Assessment Collection [6820 - 6828] ( Article 3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6824. (a) A monetary charge imposed by the association as a means of reimbursing the association for costs incurred by the association in the repair of damage to common areas and facilities caused by a member or the member’s guest or tenant may become a lien against the member’s separate interest enforceable by the sale of the interest under Sections 2924, 2924b, and 2924c, provided the authority to impose a lien is set forth in the governing documents. (b) A monetary penalty imposed by the association as a disciplinary measure for failure of a member to comply with the governing documents, except for the late payments, may not be characterized nor treated in the governing documents as an assessment that may become a lien against the member’s separate interest enforceable by the sale of the interest under Sections 2924, 2924b, and 2924c. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  182. 6826.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 7. Assessments and Assessment Collection [6800 - 6828] ( Chapter 7 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 3. Assessment Collection [6820 - 6828] ( Article 3 added by Stats. 2013, Ch. 605, Sec. 21. )

    Verify source ↗

    An association generally may not sell, assign, or pledge its collection and lien-enforcement rights to a third party, except in a limited security-for-loan situation.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 7. Assessments and Assessment Collection [6800 - 6828] ( Chapter 7 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 3. Assessment Collection [6820 - 6828] ( Article 3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6826. (a) An association may not voluntarily assign or pledge the association’s right to collect payments or assessments, or to enforce or foreclose a lien to a third party, except when the assignment or pledge is made to a financial institution or lender chartered or licensed under federal or state law, when acting within the scope of that charter or license, as security for a loan obtained by the association. (b) Nothing in subdivision (a) restricts the right or ability of an association to assign any unpaid obligations of a former member to a third party for purposes of collection. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  183. 6828.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 7. Assessments and Assessment Collection [6800 - 6828] ( Chapter 7 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 3. Assessment Collection [6820 - 6828] ( Article 3 added by Stats. 2013, Ch. 605, Sec. 21. )

    Verify source ↗

    This section says the article applies to liens created on or after January 1, 2014, unless otherwise provided, and older liens remain governed by the law in effect when they were created.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 7. Assessments and Assessment Collection [6800 - 6828] ( Chapter 7 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 3. Assessment Collection [6820 - 6828] ( Article 3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6828. (a) Except as otherwise provided, this article applies to a lien created on or after January 1, 2014. (b) A lien created before January 1, 2014, is governed by the law in existence at the time the lien was created. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  184. 683.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Interests in Property [678 - 703] ( Article 1 enacted 1872. )

    Verify source ↗

    This section defines when property interests count as a joint interest or joint tenancy, and says the section does not apply to certain joint accounts covered by the Probate Code.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Interests in Property [678 - 703] ( Article 1 enacted 1872. ) ## 683. (a) A joint interest is one owned by two or more persons in equal shares, by a title created by a single will or transfer, when expressly declared in the will or transfer to be a joint tenancy, or by transfer from a sole owner to himself or herself and others, or from tenants in common or joint tenants to themselves or some of them, or to themselves or any of them and others, or from spouses, when holding title as community property or otherwise to themselves or to themselves and others or to one of them and to another or others, when expressly declared in the transfer to be a joint tenancy, or when granted or devised to executors or trustees as joint tenants. A joint tenancy in personal property may be created by a written transfer, instrument, or agreement. (b) Provisions of this section do not apply to a joint account in a financial institution if Part 2 (commencing with Section 5100) of Division 5 of the Probate Code applies to such account. (Amended by Stats. 2016, Ch. 50, Sec. 9. (SB 1005) Effective January 1, 2017.)
  185. 683.1.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Interests in Property [678 - 703] ( Article 1 enacted 1872. )

    Verify source ↗

    Contracts or other arrangements made after this section’s effective date cannot give safe-deposit-box renters joint tenancy or ownership in the box contents.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Interests in Property [678 - 703] ( Article 1 enacted 1872. ) ## 683.1. No contract or other arrangement made after the effective date of this section between any person, firm, or corporation engaged in the business of renting safe-deposit boxes and the renter or renters of a safe-deposit box, shall create a joint tenancy in or otherwise establish ownership in any of the contents of such safe-deposit box. Any such contract or other arrangement purporting so to do shall be to such extent void and of no effect. (Added by Stats. 1949, Ch. 1597.)
  186. 683.2.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Interests in Property [678 - 703] ( Article 1 enacted 1872. )

    Verify source ↗

    A joint tenant may sever a joint tenancy in real property as to that tenant’s share, but only under this section’s conditions and limits.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Interests in Property [678 - 703] ( Article 1 enacted 1872. ) ## 683.2. (a) Subject to the limitations and requirements of this section, in addition to any other means by which a joint tenancy may be severed, a joint tenant may sever a joint tenancy in real property as to the joint tenant’s interest without the joinder or consent of the other joint tenants by any of the following means: (1) Execution and delivery of a deed that conveys legal title to the joint tenant’s interest to a third person, whether or not pursuant to an agreement that requires the third person to reconvey legal title to the joint tenant. (2) Execution of a written instrument that evidences the intent to sever the joint tenancy, including a deed that names the joint tenant as transferee, or of a written declaration that, as to the interest of the joint tenant, the joint tenancy is severed. (b) Nothing in this section authorizes severance of a joint tenancy contrary to a written agreement of the joint tenants, but a severance contrary to a written agreement does not defeat the rights of a purchaser or encumbrancer for value in good faith and without knowledge of the written agreement. (c) Severance of a joint tenancy of record by deed, written declaration, or other written instrument pursuant to subdivision (a) is not effective to terminate the right of survivorship of the other joint tenants as to the severing joint tenant’s interest unless one of the following requirements is satisfied: (1) Before the death of the severing joint tenant, the deed, written declaration, or other written instrument effecting the severance is recorded in the county where the real property is located. (2) The deed, written declaration, or other written instrument effecting the severance is executed and acknowledged before a notary public by the severing joint tenant not earlier than three days before the death of that joint tenant and is recorded in the county where the real property is located not later than seven days after the death of the severing joint tenant. (d) Nothing in subdivision (c) limits the manner or effect of: (1) A written instrument executed by all the joint tenants that severs the joint tenancy. (2) A severance made by or pursuant to a written agreement of all the joint tenants. (3) A deed from a joint tenant to another joint tenant. (e) Subdivisions (a) and (b) apply to all joint tenancies in real property, whether the joint tenancy was created before, on, or after January 1, 1985, except that in the case of the death of a joint tenant before January 1, 1985, the validity of a severance under subdivisions (a) and (b) is determined by the law in effect at the time of death. Subdivisions (c) and (d) do not apply to or affect a severance made before January 1, 1986, of a joint tenancy. (Amended by Stats. 1985, Ch. 157, Sec. 1.)
  187. 684.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Interests in Property [678 - 703] ( Article 1 enacted 1872. )

    Verify source ↗

    A partnership interest is an interest owned by several persons in partnership for partnership purposes.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Interests in Property [678 - 703] ( Article 1 enacted 1872. ) ## 684. A partnership interest is one owned by several persons, in partnership, for partnership purposes. (Enacted 1872.)
  188. 6840.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 8. Insurance and Liability [6840- 6840.] ( Chapter 8 added by Stats. 2013, Ch. 605, Sec. 21. )

    Verify source ↗

    In certain common interest developments, tort claims arising solely from a tenant-in-common interest in the common area must be brought only against the association, if the association carries the required liability insurance.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 8. Insurance and Liability [6840- 6840.] ( Chapter 8 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6840. (a) It is the intent of the Legislature to offer civil liability protection to owners of the separate interests in a common interest development that have common area owned in tenancy in common if the association carries a certain level of prescribed insurance that covers a cause of action in tort. (b) Any cause of action in tort against any owner of a separate interest arising solely by reason of an ownership interest as a tenant in common in the common area of a common interest development shall be brought only against the association and not against the individual owners of the separate interests, if both of the insurance requirements in paragraphs (1) and (2) are met: (1) The association maintained and has in effect for this cause of action, one or more policies of insurance that include coverage for general liability of the association. (2) The coverage described in paragraph (1) is in the following minimum amounts: (A) At least two million dollars ($2,000,000) if the common interest development consists of 100 or fewer separate interests. (B) At least three million dollars ($3,000,000) if the common interest development consists of more than 100 separate interests. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  189. 685.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Interests in Property [678 - 703] ( Article 1 enacted 1872. )

    Verify source ↗

    An interest in common is owned by several persons and is not joint ownership or partnership.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Interests in Property [678 - 703] ( Article 1 enacted 1872. ) ## 685. An interest in common is one owned by several persons, not in joint ownership or partnership. (Enacted 1872.)
  190. 6850.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 9. Dispute Resolution and Enforcement [6850 - 6860] ( Chapter 9 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 1. Disciplinary Action [6850 - 6854] ( Article 1 added by Stats. 2013, Ch. 605, Sec. 21. )

    Verify source ↗

    If an association uses monetary penalties, the board must give each member an individually noticed schedule of those penalties, and the association must provide a copy on request.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 9. Dispute Resolution and Enforcement [6850 - 6860] ( Chapter 9 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 1. Disciplinary Action [6850 - 6854] ( Article 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6850. (a) If an association adopts or has adopted a policy imposing any monetary penalty, including any fee, on any association member for a violation of the governing documents, including any monetary penalty relating to the activities of a guest or tenant of the member, the board shall adopt and distribute to each member, by individual notice, a schedule of the monetary penalties that may be assessed for those violations, which shall be in accordance with authorization for member discipline contained in the governing documents. (b) Any new or revised monetary penalty that is adopted after complying with subdivision (a) may be included in a supplement that is delivered to the members individually, pursuant to Section 6553. (c) A monetary penalty for a violation of the governing documents shall not exceed the monetary penalty stated in the schedule of monetary penalties or supplement that is in effect at the time of the violation. (d) An association shall provide a copy of the most recently distributed schedule of monetary penalties, along with any applicable supplements to that schedule, to any member on request. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  191. 6854.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 9. Dispute Resolution and Enforcement [6850 - 6860] ( Chapter 9 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 1. Disciplinary Action [6850 - 6854] ( Article 1 added by Stats. 2013, Ch. 605, Sec. 21. )

    Verify source ↗

    Section 6854 says Section 6850 does not change the board’s authority to impose monetary penalties on a member for violating the governing documents.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 9. Dispute Resolution and Enforcement [6850 - 6860] ( Chapter 9 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 1. Disciplinary Action [6850 - 6854] ( Article 1 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6854. Nothing in Section 6850 shall be construed to create, expand, or reduce the authority of the board to impose monetary penalties on a member for a violation of the governing documents. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  192. 6856.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 9. Dispute Resolution and Enforcement [6850 - 6860] ( Chapter 9 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 2. Civil Actions [6856 - 6860] ( Article 2 added by Stats. 2013, Ch. 605, Sec. 21. )

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    This section says covenants and restrictions in a declaration are generally enforceable as equitable servitudes, unless unreasonable, and they bind all owners in the development. It also says those servitudes may be enforced by an owner, the association, or both unless the declaration says otherwise.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 9. Dispute Resolution and Enforcement [6850 - 6860] ( Chapter 9 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 2. Civil Actions [6856 - 6860] ( Article 2 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6856. (a) The covenants and restrictions in the declaration shall be enforceable equitable servitudes, unless unreasonable, and shall inure to the benefit of and bind all owners of separate interests in the development. Unless the declaration states otherwise, these servitudes may be enforced by any owner of a separate interest or by the association, or by both. (b) A governing document other than the declaration may be enforced by the association against an owner of a separate interest or by an owner of a separate interest against the association. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  193. 6858.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 9. Dispute Resolution and Enforcement [6850 - 6860] ( Chapter 9 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 2. Civil Actions [6856 - 6860] ( Article 2 added by Stats. 2013, Ch. 605, Sec. 21. )

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    An association may bring, defend, settle, or join certain proceedings in its own name for specified disputes.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 9. Dispute Resolution and Enforcement [6850 - 6860] ( Chapter 9 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 2. Civil Actions [6856 - 6860] ( Article 2 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6858. An association has standing to institute, defend, settle, or intervene in litigation, arbitration, mediation, or administrative proceedings in its own name as the real party in interest and without joining with it, the members, in matters pertaining to the following: (a) Enforcement of the governing documents. (b) Damage to the common area. (c) Damage to a separate interest that the association is obligated to maintain or repair. (d) Damage to a separate interest that arises out of, or is integrally related to, damage to the common area or a separate interest that the association is obligated to maintain or repair. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  194. 686.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Interests in Property [678 - 703] ( Article 1 enacted 1872. )

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    An interest created for several people in their own right is treated as an interest in common, unless it falls within stated exceptions.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Interests in Property [678 - 703] ( Article 1 enacted 1872. ) ## 686. Every interest created in favor of several persons in their own right is an interest in common, unless acquired by them in partnership, for partnership purposes, or unless declared in its creation to be a joint interest, as provided in Section 683, or unless acquired as community property. (Enacted 1872.)
  195. 6860.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 9. Dispute Resolution and Enforcement [6850 - 6860] ( Chapter 9 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 2. Civil Actions [6856 - 6860] ( Article 2 added by Stats. 2013, Ch. 605, Sec. 21. )

    Verify source ↗

    In certain association damages actions, comparative fault can be used as a defense or setoff, and damages are reduced in proportion to fault.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 9. Dispute Resolution and Enforcement [6850 - 6860] ( Chapter 9 added by Stats. 2013, Ch. 605, Sec. 21. ) ## ARTICLE 2. Civil Actions [6856 - 6860] ( Article 2 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6860. (a) In an action maintained by an association pursuant to subdivision (b), (c), or (d) of Section 6858, the amount of damages recovered by the association shall be reduced by the amount of damages allocated to the association or its managing agents in direct proportion to their percentage of fault based upon principles of comparative fault. The comparative fault of the association or its managing agents may be raised by way of defense, but shall not be the basis for a cross-action or separate action against the association or its managing agents for contribution or implied indemnity, where the only damage was sustained by the association or its members. It is the intent of the Legislature in enacting this subdivision to require that comparative fault be pleaded as an affirmative defense, rather than a separate cause of action, where the only damage was sustained by the association or its members. (b) In an action involving damages described in subdivision (b), (c), or (d) of Section 6858, the defendant or cross-defendant may allege and prove the comparative fault of the association or its managing agents as a setoff to the liability of the defendant or cross-defendant even if the association is not a party to the litigation or is no longer a party whether by reason of settlement, dismissal, or otherwise. (c) Subdivisions (a) and (b) apply to actions commenced on or after January 1, 1993. (d) Nothing in this section affects a person’s liability under Section 1431, or the liability of the association or its managing agent for an act or omission that causes damages to another. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  196. 687.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Interests in Property [678 - 703] ( Article 1 enacted 1872. )

    Verify source ↗

    This section defines community property by reference to Part 2 of Division 4 of the Family Code.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Interests in Property [678 - 703] ( Article 1 enacted 1872. ) ## 687. Community property is property that is community property under Part 2 (commencing with Section 760) of Division 4 of the Family Code. (Amended by Stats. 1992, Ch. 163, Sec. 6. Effective January 1, 1993. Operative January 1, 1994, by Sec. 161 of Ch. 163.)
  197. 6874.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 10. Construction Defect Litigation [6874 - 6876] ( Chapter 10 added by Stats. 2013, Ch. 605, Sec. 21. )

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    After a settlement or other resolution of certain construction defect matters, the association must promptly notify only its recorded members in writing and disclose specified defect information.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 10. Construction Defect Litigation [6874 - 6876] ( Chapter 10 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6874. (a) As soon as is reasonably practicable after the association and the builder have entered into a settlement agreement or the matter has otherwise been resolved regarding alleged defects in the common areas, alleged defects in the separate interests that the association is obligated to maintain or repair, or alleged defects in the separate interests that arise out of, or are integrally related to, defects in the common areas or separate interests that the association is obligated to maintain or repair, where the defects giving rise to the dispute have not been corrected, the association shall, in writing, inform only the members of the association whose names appear on the records of the association that the matter has been resolved, by settlement agreement or other means, and disclose all of the following: (1) A general description of the defects that the association reasonably believes, as of the date of the disclosure, will be corrected or replaced. (2) A good faith estimate, as of the date of the disclosure, of when the association believes that the defects identified in paragraph (1) will be corrected or replaced. The association may state that the estimate may be modified. (3) The status of the claims for defects in the design or construction of the common interest development that were not identified in paragraph (1) whether expressed in a preliminary list of defects sent to each member of the association or otherwise claimed and disclosed to the members of the association. (b) Nothing in this section shall preclude an association from amending the disclosures required pursuant to subdivision (a), and any amendments shall supersede any prior conflicting information disclosed to the members of the association and shall retain any privilege attached to the original disclosures. (c) Disclosure of the information required pursuant to subdivision (a) or authorized by subdivision (b) shall not waive any privilege attached to the information. (d) For the purposes of the disclosures required pursuant to this section, the term “defects” shall be defined to include any damage resulting from defects. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  198. 6876.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 10. Construction Defect Litigation [6874 - 6876] ( Chapter 10 added by Stats. 2013, Ch. 605, Sec. 21. )

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    Before certain construction defect lawsuits, the board must give members written notice; the notice must say a meeting will be held, what options are available, and when and where the meeting will happen. If the statute of limitations may expire first, the association may give the notice after filing.

    ## Civil Code - CIV ## DIVISION 4. GENERAL PROVISIONS [3274 - 9566] ( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. ) ## PART 5.3. Commercial and Industrial Common Interest Developments [6500 - 6876] ( Part 5.3 added by Stats. 2013, Ch. 605, Sec. 21. ) ## CHAPTER 10. Construction Defect Litigation [6874 - 6876] ( Chapter 10 added by Stats. 2013, Ch. 605, Sec. 21. ) ## 6876. (a) Not later than 30 days prior to the filing of any civil action by the association against the declarant or other developer of a common interest development for alleged damage to the common areas, alleged damage to the separate interests that the association is obligated to maintain or repair, or alleged damage to the separate interests that arises out of, or is integrally related to, damage to the common areas or separate interests that the association is obligated to maintain or repair, the board shall provide a written notice to each member of the association who appears on the records of the association when the notice is provided. This notice shall specify all of the following: (1) That a meeting will take place to discuss problems that may lead to the filing of a civil action. (2) The options, including civil actions, that are available to address the problems. (3) The time and place of this meeting. (b) Notwithstanding subdivision (a), if the association has reason to believe that the applicable statute of limitations will expire before the association files the civil action, the association may give the notice, as described above, within 30 days after the filing of the action. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)
  199. 688.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Interests in Property [678 - 703] ( Article 1 enacted 1872. )

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    An interest in property, as to time of enjoyment, is either present or future, and either perpetual or limited.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Interests in Property [678 - 703] ( Article 1 enacted 1872. ) ## 688. In respect to the time of enjoyment, an interest in property is either: 1. Present or future; and, 2. Perpetual or limited. (Enacted 1872.)
  200. 689.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Interests in Property [678 - 703] ( Article 1 enacted 1872. )

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    An owner with a present interest is entitled to immediate possession of the property.

    ## Civil Code - CIV ## DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. ) ## PART 1. PROPERTY IN GENERAL [654 - 749] ( Part 1 enacted 1872. ) ## TITLE 2. OWNERSHIP [669 - 742] ( Title 2 enacted 1872. ) ## CHAPTER 2. Modifications of Ownership [678 - 726] ( Chapter 2 enacted 1872. ) ## ARTICLE 1. Interests in Property [678 - 703] ( Article 1 enacted 1872. ) ## 689. A present interest entitles the owner to the immediate possession of the property. (Enacted 1872.)

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