Table of Contents
| Equality | |
| Unruh Civil Rights Act | |
| Housing Discrimination Prohibited Based On Age; Application of Section--Housing Specifications to Meet Needs of Senior Citizens | |
| Establishing and Preserving Accessible Housing for Senior Citizens | |
| Penalty For Discrimination | |
| Interference with Exercise of Civil Rights--Remedies. | |
| Discriminatory Provisions on Ownership or Use of Real Property Void | |
Davis-Stirling Act — General Provisions | |
| Short Title | |
| Headings | |
| Delivery | |
| Definitions | |
Davis-Stirling Act — Governing Documents | |
| Requirements For Creation of Common Interest Development | |
| Covenants In Violation of Gov. Code Section 12955; Action For Injunctive Relief | |
| Contents of Declaration | |
| Right to Display the American Flag | |
| Displaying Of Noncommercial Signs Or Flags | |
| Fire Retardant Roof Covering Materials | |
| Covenants And Restrictions In Declaration; Enforcement | |
| Amendment Of Declaration | |
| Amendment To Delete Developer Provisions | |
| Petition To Court To Reduce Percentage Of Affirmative Votes To Amend Declaration; Recording Amendment; Mailing | |
| Extending Term of Declaration | |
| "Operating Rule" And "Rule Change" Defined | |
| Validity | |
| Application | |
| Notice Of Rule Change | |
| Special Meeting Of Members To Reverse A Rule Change | |
| Effective Date | |
Davis-Stirling Act — Ownership Rights and Interests | |
| Interests Included In Conveyance, Judicial Sale Or Transfer Of Separate Interests; Transfers Of Exclusive Use Areas; Restrictions Upon Severability Of Component Interests. | |
| Restrictions On Partition | |
| Modification Of Unit By Owner; Facilitation Of Access For Handicapped; Association Approval | |
| Pet Provision | |
| Rights Or Easements In Common Area | |
| Denial Of Access To Owner's Separate Interest | |
| Ownership Of Common Areas | |
Davis-Stirling Act — Governance | |
| General Powers And Duties Of Association; Meetings; Access To Records; Disciplinary Action | |
| On-Line Education Course | |
| Adoption Of Rules Regarding Election Procedures; Appointment Of Election Inspectors; Voting By Secret Ballot; Proxy And Ballot Instructions; Publication Of Election Results; Retention Of Ballots; Application Of Article | |
| Use of Association Funds For Campaign Purposes Prohibited. | |
| Member Attendance At Board Meetings; Executive Sessions; Emergency Meetings; Availability Of Board Minutes; Notice Of Meetings; Owner Right To Speak At Meetings | |
| Membership Approval Required For Grant Of Exclusive Use Common Area; Exceptions | |
| One Year Statute Of Limitations — Action For Violation Of Article; Penalties; Small Claims Court Option | |
| Prospective Managing Agent Disclosure | |
| Managing Agent Duties; Deposition Of Association Funds. | |
| Articles Of Incorporation Disclosure Statement | |
| Association Information Statement Submitted To Secretary Of State; Penalty For Non-Compliance | |
| Application Of Article | |
| Dispute Resolution Procedure Required | |
| Dispute Resolution Procedure Minimum Requirements | |
| Statutory Dispute Resolution Procedure | |
| Notice of Dispute Resolution Procedure | |
Davis-Stirling Act — Operations | |
| Responsibility For Maintenance of Common Area; Damage By Wood-Destroying Pests or Organisms; Relocation Costs; Notice Of Repair; Access To Telephone Wiring. | |
| Financial Documents | |
| Distribution Of Written Notice Of Assessments, Foreclosure, And Payment Plans | |
| Right To Inspect And Copy Association Records; Restrictions On Use; Cost of Production; Redaction Of Information To Prevent Identity Theft; Penalties For Non-Compliance | |
| Assessment And Reserve Funding Disclosure Summary. | |
| Association Report Required To Meet Standards Of Corp. Code Section 5012 | |
| Board Of Directors; Duties; Reserve Accounts | |
| Liability Of Volunteer Officer Or Director; Criteria; Limitations | |
| Liability For Common Areas; Action Against Association; Insurance Requirements | |
| Regular And Special Assessments; Limitation On Increases; Delinquent Assessments; Interest | |
| Excessive Assessments Or Fees | |
| Collection Of Assessments; Recording Of Identifying Statement | |
| Lien For Delinquent Assessments Recorded Before January 1, 2003 | |
| Lien For Delinquent Assessments Recorded After January 1, 2003 | |
| Limitations On Collection Of Delinquent Assessments ThroughForeclosure; Right Of Redemption | |
| Lien Filed In Error; Reversal Of Costs And Fees | |
Davis-Stirling Act — Transfer of Ownership Interests | |
| Documents To Be Provided To Prospective Purchaser | |
| Arbitrary Or Unreasonable Restrictions On Owner's Ability To Market Unit Void | |
Davis-Stirling Act — Civil Actions and Liens | |
| Association Standing As Real Party In Interest | |
| Damages Allocated By Comparative Fault | |
| Civil Action By Association; Notice Prior To Filing | |
| Liens For Labor And Materials | |
| "Alternative Dispute Resolution" And "Enforcement Action" Defined | |
| ADR Required Prior To Filing An Enforcement Action | |
| Service Of Request For Resolution | |
| Completion of Resolution Process Within 90 Days | |
| Tolling Of The Time Limitation For Commencing An Enforcement Action | |
| Filing Certification Of Compliance | |
| Stipulated Agreement to Pursue Alternative Dispute Resolution After Commencement Of Enforcement Action | |
| Court Discretion In Awaiting Fees And Costs Based Upon Participation In Alternative Dispute Resolution | |
| Annual Distribution Of Summary Of Alternative Dispute Resolution Procedures Required | |
Davis-Stirling Act — Construction of Instruments and Zoning | |
| Liberal Construction Of Governing Documents. | |
| Boundaries Of Unit | |
| Construction Of Local Zoning Ordinances | |
| Developments Expressly Zoned As Industrial Or Commercial And Limited To Such Purposes | |
| Inapplicability Of Law To Developments Without Common Areas | |
Davis-Stirling Act — Construction Defect Litigation | |
| Construction Defect Litigation; Prefiling Dispute Resolution Process | |
| Construction Defect Litigation; Filing Of Complaint; Inspection Process; Expert Witness Depositions | |
| Disclosure To Association Members Of Settlement Agreement Regarding Defects | |
Davis-Stirling Act — Improvements | |
| Installation Of Video And Television Antenna | |
| Required Architectural Review Procedures; Exemptions | |
General Provisions | |
| "Electronic Transmission" Defined | |
| Construction — Electronic Transmission | |
Nonprofit Corporation Law — General Provisions and Definitions | |
| "Financial Statements" Defined | |
| Notices Or Reports Mailed Or Delivered As Part Of Newsletter Or Magazine | |
| Approval By The Board | |
| Approval By Majority Of Members | |
| Approval Of Members | |
| Proxy | |
Nonprofit Mutual Benefit Corporations — Organization and Bylaws | |
| Title of Part | |
| Lawful Purposes Of Nonprofit Mutual Benefit Corporations | |
| Corporation Formed By Execution And Filing Of Articles; Signatures Required | |
| Change Of Unincorporated Association To Corporation. | |
| Prohibited Names; Reservation Of Names | |
| Articles of Incorporation — Required Provisions | |
| Statement Limiting Purposes Or Powers | |
| Optional Provisions | |
| Articles As Proof Of Corporate Existence | |
| Powers Of Incorporators When Directors Not Named | |
| Powers Of Corporation | |
| Ultra Vires Acts; Corporation Bound By Authorized Or Ratified Contract | |
| Adoption, Amendment Or Repeal | |
| Required And Optional Provisions; Number Of Directors. | |
| Provisions For Delegates | |
| Availability; Place and time | |
Nonprofit Mutual Benefit Corporations - Directors and Management — General Provisions | |
| Corporate Powers Exercised By Board; Delegation | |
| Board Meetings; Notice; Quorum; Consent To Act Without Meeting | |
| Executive Committees; Creation; Authority To Act | |
| Corporate Officers Required; Selection; Resignation | |
| Validity Of Instrument Signed By Officers | |
| Proof Of Corporate Bylaws; Resolution | |
Nonprofit Mutual Benefit Corporations - Directors and Management — Selection, Removal and Resignation of Directors | |
| Term Of Office; Manner Of Selection | |
| Removal Of Director For Cause | |
| Removal Of Director Without Cause | |
| Removal Of Director By Director's Or Members' Suit; Role Of Attorney General | |
| Filling Vacancies; Resignation | |
| Provisional Director. | |
Nonprofit Mutual Benefit Corporations - Directors and Management — Standards of Conduct | |
| Application Of Article To All Directors | |
| Duties And Liabilities Of Directors | |
| Liability Of Volunteer Director Of Officer Failure To Discharge Duties | |
| Applicability Of Section 7231 To Selection Of Directors | |
| Transactions Involving Director | |
| Quorum For Purposes Of Section 7233 | |
| Corporate Loans, Guaranties, And Advances | |
| Directors' Liability For Distributions, Loans And Guaranties | |
| Indemnification Of Corporate "Agent" | |
Nonprofit Mutual Benefit Corporations - Members | |
| Multiple And Fractional Memberships | |
| Expulsion, Suspension, Or Termination; Fairness And Reasonableness; Procedure | |
Nonprofit Mutual Benefit Corporations — Meetings and Voting | |
| Place, Date, And Time; Failure To Hold Meetings; Quorum; SpecialMeeting | |
| Notice to Members; Waiver | |
| Quorum | |
| Acts Without Meeting; Written Ballot | |
| Voting By Proxy Or Written Ballot | |
| Court Order For Meeting Or A Written Ballot | |
| Written Consent Of Members | |
| Acceptance Or Rejection Of Ballot, Consent, Waiver, Or Proxy Appointment | |
| Election Of Directors By Members; Procedure | |
| Nomination | |
| Publication Of Material Soliciting Votes; Nominees Rights | |
| Request To Corporation To Mail Election Material | |
| Refusal To Publish Or Mail Material; Liability For Contents | |
| Use Of Corporate Funds To Support Nominee | |
| Time To Consent Election, Appointment, Or Removal Of Director; Defect In Notice | |
Nonprofit Mutual Benefit Corporations — Voting of Memberships | |
| One Vote Per Member; Exceptions | |
| Record Date; Determining Voting Eligibility | |
| Memberships In Two Or More Names | |
| Proxies | |
| Inspectors Of Election | |
| Cumulative Voting; Determining Winner; When Ballots Are Required | |
| Action To Determine Validity Of Election Or Appointment Of Director; Notice To Attorney General | |
Nonprofit Mutual Benefit Corporations — Amendment of Articles | |
| Permissible Amendments To The Articles Of Incorporation | |
| Amendment of Articles By Incorporators | |
| Amendment of Articles by Board or Members; Exceptions | |
| Amendments Affecting Rights Of Class | |
| Filing Certificate Of Amendment to Articles | |
| Filing Of Amendment By Incorporators | |
| Contents Of Certificate Of Amendment | |
| Effect Of Filing Certificate Of Amendment | |
| Restated Articles Of Incorporation | |
Nonprofit Mutual Benefit Corporations — Records, Reports, and Rights of Inspection | |
| Records Subject To Inspection To Be Written | |
| Inspection | |
| No Limitation On Inspection Rights | |
| Records Required To Be Kept; Form Of Records | |
| Notice Of Annual Report | |
| Annual Statements Of Transactions With Interested Persons And Of Indemnification | |
| Demand For Election Results | |
| Demand For Member's Names, Address, and Voting Rights; By Member | |
| Petition By Corporation To Set Aside Demand; Time; Procedure; Grounds | |
| Power Of Court To Limit Rights Under Section 8330; Temporary Order Suspending Time Limit | |
| Inspection Of Accounting Books, Records, Minutes; By Member. | |
| Director's Right Of Inspection | |
| Postponement Of Meetings Where Records Not Obtained | |
| Power Of Superior Court To Enforce Inspection Rights Or Appoint Inspectors Or Accountants | |
| Award Of Costs, Expenses, Attorneys' Fees | |
| Prohibited Uses Of Membership Lists; Damages For Misuse | |
Housing Discrimination | |
| Unlawful Practices. | |
| Discrimination by failure to make covered multifamily dwelling accessible by disabled persons | |
| "Familial Status" | |
| "Disability" | |
| Housing for Older Persons | |
| Definitions; Cover page or stamp statement relating to restrictive covenant based on racial or other prohibited grounds; Removal of racially restrictive covenant; Offense of filing to add covenant | |
| Filing of Restrictive Covenant Modification Document | |
| 47 CFR § 1.4000 | Over-the-Air Reception Devices Rule |