Table of Contents – Part II

Davis-Stirling Act – Construction Defect Litigation

§ 5986Preconditions to Civil Action Against Developer
§ 6000Construction Defect Litigation
§ 6100Construction Defect Litigation, Settlement And Disclosure
§ 6150Written Notice of Civil Action Against Developer

Nonprofit Mutual Benefit Corporations – Required Filings By Corporation Or Its Agent

§ 6210Statement Of Names And Addresses Of Officers And Of Agent For Service Of Process
§ 6211Resignation Of Agent For Service of Process
§ 6212Loss Of Agent For Service Of Process; Designation Of New Agent


Commercial and Industrial CID Act – Preliminary Provisions

§ 6500Short Title
§ 6502Effect Of Headings On Scope, Meaning, Or Intent Of Act
§ 6505Continuation Of Prior Law
§ 6510Construction Of Zoning Ordinances
§ 6512Delivery Of Document To Association
§ 6514Individual Delivery Or Individual Notice
§ 6518Time Of Delivery
§ 6520Electronic Delivery; Satisfaction Of Written Information Requirement
§ 6522Approval By Majority
§ 6524Approval By Majority Of Quorum

Commercial and Industrial CID Act – Definitions

§ 6526Construction Of Act
§ 6528“Association” Defined
§ 6530“Board” Defined
§ 6531“Commercial Or Industrial Common Interest Development” Defined
§ 6532“Common Area” Defined
§ 6534“Common Interest Development” Defined
§ 6540“Condominium Plan” Defined
§ 6542“Condominium Project” Defined
§ 6544“Declarant” Defined
§ 6546“Declaration” Defined
§ 6548“Director” Defined
§ 6550“Exclusive Use Common Area” Defined
§ 6552“Governing Documents” Defined
§ 6553“Individual Notice” Defined
§ 6554“Member” Defined
§ 6560“Person” Defined
§ 6562“Planned Development” Defined
§ 6564“Separate Interest” Defined
§ 6566“Stock Cooperative” Defined

Commercial and Industrial CID Act – Applications Of Act

§ 6580Creation Of Common Interest Development; Application Of Act
§ 6582Act Applicable Only To Commercial Or Industrial Common Interest Developments

Commercial and Industrial CID Act – General Provisions

§ 6600Authority Of Documents
§ 6602Liberal Construction Of Instruments
§ 6604Boundaries Of Units; Presumptions
§ 6606Restrictive Covenants; Deletion From Declaration Or Other Governing Document; Recording Or Filing Of Amended Document
§ 6608Amendment Of Governing Documents To Delete Construction Or Marketing Provisions After Completion By Developer; Requirements
§ 6610References To Provisions Of Davis-Stirling Common Interest Development Act; Corrections

Commercial and Industrial CID Act – Declaration

§ 6614Contents Of Declaration
§ 6616Amendment Of Declaration; Authorization
§ 6618Extension Of Term Of Declaration
§ 6620Amendment Of Declaration; Procedure

Commercial and Industrial CID Act – Articles Of Incorporation

§ 6622Association Articles Of Incorporation; Required Statements

Commercial and Industrial CID Act – Condominium Plan

§ 6624Contents Of Condominium Plan
§ 6626Certificate Consenting To Recordation Of Condominium Plan; Signatures And Acknowledgements
§ 6628Amendment Or Revocation Of Condominium Plan

Commercial and Industrial CID Act – Operating Rules

§ 6630“Operating Rule” Defined
§ 6632Requirements For Validity And Enforceability

Commercial and Industrial CID Act – Ownership Rights And Interests

§ 6650Ownership Of Common Areas
§ 6652Rights And Easements Of Ingress, Egress, And Support
§ 6654Physical Access To Owner Or Occupant’s Separate Interest

Commercial and Industrial CID Act – Restrictions On Transfers

§ 6656Restrictions On Partition
§ 6658Liens For Labor And Materials
§ 6660Notice of Common Area Lien

Commercial and Industrial CID Act – Transfer Of Separate Interest

§ 6662Condominium Project; Interests Included In Conveyance, Judicial Sale Or Transfer Of Separate Interests
§ 6664Planned Development; Interests Included In Conveyance, Judicial Sale Or Transfer Of Separate Interests
§ 6666Stock Cooperative; Interests Included In Conveyance, Judicial Sale, Or Transfer Of Separate Interests
§ 6668Transfer Of Exclusive Use Areas
§ 6670Restrictions Upon Severability Of Component Interests

Commercial and Industrial CID Act – Protected Uses

§ 6700Scope Of Article; Related Provisions
§ 6702Display Of United States Flag By Owner On Or In Owner’s Separate Interest Or Within Exclusive Use Common Area
§ 6704Prohibition Of Posting Or Displaying Noncommercial Signs, Posters, Flags, Or Banners; Permitted Placement; Exceptions
§ 6706Pets Within Common Interest Developments
§ 6708Restrictions On Installation Or Use Of Video Or Television Antenna; Enforceability Based On Size; Reasonable Restrictions; Application Approval; Attorney’s Fees
§ 6710Prohibition Against Association Rule Or Regulation That Arbitrarily Or Unreasonably Restricts Owner’s Ability To Market His Or Her Interest In Common Development; Other Enumerated Restrictions
§ 6712Governing Documents; Void And Unenforceable Provisions
§ 6713Restrictions On Electric Vehicle Charging Stations

Commercial and Industrial CID Act – Modification Of Separate Interest

§ 6714Modification Of Member’s Separate Interest; Facilitation Of Access For Handicapped; Approval By Association

Commercial and Industrial CID Act – Maintenance

§ 6716Responsibility For Repair, Replacement, Or Maintenance
§ 6718Damage By Wood-Destroying Pests Or Organisms
§ 6720Temporary Removal Of Occupant For Treatment Of Wood-Destroying Pests Or Organisms
§ 6722Access For Maintenance Of Telephone Wiring

Commercial and Industrial CID Act – Association Governance

§ 6750Management By Association
§ 6752Powers Of Association
§ 6756Request To Change Member’s Information; Delivery In Writing
§ 6758Applicability Of Corporations Code Provisions; Prohibited Actions
§ 6760Assistance With Identification Of Commercial Or Industrial Common Interest Developments; Submission Of Information By Each Association; Time; Notice Of Change Of Address; Penalty For Violation Of Filing Requirements; Availability Of Information

Commercial and Industrial CID Act – Establishment And Imposition Of Assessments

§ 6800Levy Of Assessment
§ 6804Exemption From Execution By Judgment Creditor Of Association

Commercial and Industrial CID Act – Assessment Payment And Delinquency

§ 6808Debt Of Owner Of Separate Interest
§ 6810Payment Toward Assessment; Receipt; Mailing Address For Overnight Payment
§ 6812Notice Prior To Recording Lien Upon Separate Interest; Contents
§ 6814Lien On Separate Interest; Notice Of Delinquent Assessment
§ 6816Priority Of Lien
§ 6818Recording Of Lien
§ 6819Recommencement Of Notice Process For Failure To Comply With Procedures

Commercial and Industrial CID Act – Assessment Collection

§ 6820Enforcement Of Lien
§ 6822Trustee Sale; Procedure; Notice; Trustee Fees
§ 6824Monetary Charge For Repair Of Damage To Common Area And Facilities; Monetary Penalties
§ 6826Assignment Or Pledge Prohibited; Exception
§ 6828Application Of Article To Liens

Commercial and Industrial CID Act – Insurance And Liability

§ 6840Tort Actions Against Owner Of Separate Interest; Tenant In Common In Common Area; Association Liability; Insurance Requirements

Commercial and Industrial CID Act – Disciplinary Action

§ 6850Monetary Penalties; Provision Of Information To Members
§ 6854Authority Of Board To Impose Monetary Penalties

Commercial and Industrial CID Act – Civil Actions

§ 6856Covenants And Restrictions In Declaration As Equitable Servitudes; Enforcement
§ 6858Standing
§ 6860Reduction Of Damages Awarded; Comparative Fault Of Association

Commercial and Industrial CID Act – Construction Defect Litigation

§ 6870Actions For Damages Against Common Interest Development Builders, Developers, Or General Contractors
§ 6874Settlement Agreements Regarding Alleged Defects; Notice Of Resolution To Members On Record; Disclosures
§ 6876Written Notice To Members Prior To Filing Civil Action; Contents


Jurisdiction In Limited Civil Cases

§ 86Jurisdiction

Small Claims Court

§ 116.220Small Claims Jurisdiction
§ 116.221Small Claims CAP – Natural Person
§ 116.224Small Claims CAP – Auto Injury
§ 116.231Small Claims Actions Brought Per Year
§ 116.540Appearance By Person Other Than Plaintiff Or Defendant; Personal Appearance By Plaintiff Or Defendant


General Provisions

§ 20“Electronic Transmission By The Corporation”
§ 21Construction Electronic Transmission

Nonprofit Corporation Law – General Provisions And Definitions

§ 5016Notices Or Reports Mailed Or Delivered As Part Of Newsletter Or Magazine
§ 5032Approval By The Board
§ 5033Approval By Majority Of Members
§ 5034Approval Of Members
§ 5069Proxy

Nonprofit Mutual Benefit Corporations – Organization And Bylaws

§ 7110Title Of Part
§ 7111Lawful Purposes Of Nonprofit Mutual Benefit Corporations
§ 7120Corporation Formed By Execution And Filing Of Articles; Signatures Required
§ 7121Change Of Unincorporated Association To Corporation.
§ 7122Prohibited Names; Reservation Of Names
§ 7130Articles Of Incorporation – Required Provisions
§ 7131Statement Limiting Purposes Or Powers
§ 7132Optional Provisions
§ 7133Articles As Proof Of Corporate Existence
§ 7134Powers Of Incorporators When Directors Not Named
§ 7140Powers Of Corporation
§ 7141Ultra Vires Acts; Corporation Bound By Authorized Or Ratified Contract
§ 7150Adoption, Amendment Or Repeal
§ 7151Required And Optional Provisions; Number Of Directors
§ 7152Provisions For Delegates
§ 7160Availability; Place And Time<

Nonprofit Mutual Benefit Corporations – Directors And Management – General Provisions

§ 7210Corporate Powers Exercised By Board; Delegation
§ 7211Board Meetings; Notice; Quorum; Consent To Act Without Meeting
§ 7212Executive Committees; Creation; Authority To Act
§ 7213Corporate Officers; Chair Of The Board; President; Secretary; Treasurer Or Chief Financial Officer; Selection Of Officers
§ 7214Validity Of Instrument Signed By Officers
§ 7215Proof Of Corporate Bylaws; Resolution

Nonprofit Mutual Benefit Corporations – Directors And Management – Selection, Removal And Resignation Of Directors

§ 7220Term Of Office; Manner Of Selection
§ 7221Removal Of Director For Cause
§ 7222Removal Of Directors Without Cause
§ 7223Removal Of Director By Director’s Or Members’ Suit; Role Of Attorney General
§ 7224Filling Vacancies; Resignation
§ 7225Provisional Director.

Nonprofit Mutual Benefit Corporations – Directors And Management – Standards Of Conduct

§ 7230Application Of Article To All Directors
§ 7231Duties And Liabilities Of Directors
§ 7231.5Liability Of Volunteer Director Of Officer Failure To Discharge Duties
§ 7232Applicability Of Section 7231 To Selection Of Directors
§ 7233Transactions Involving Director
§ 7234Quorum For Purposes Of Section 7233
§ 7235Corporate Loans, Guaranties, And Advances
§ 7236Directors’ Liability For Distributions, Loans And Guaranties
§ 7237Indemnification Of Corporate “Agent”

Nonprofit Mutual Benefit Corporations – Members

§ 7312Multiple And Fractional Memberships
§ 7341Expulsion, Suspension, Or Termination; Fairness And Reasonableness; Procedure

Nonprofit Mutual Benefit Corporations – Meetings And Voting

§ 7510Place, Date, And Time; Failure To Hold Meetings; Quorum; Special Meeting
§ 7511Notice To Members; Waiver
§ 7512Quorum
§ 7513Acts Without Meeting; Written Ballot
§ 7514Voting By Proxy Or Written Ballot
§ 7515Court Order For Meeting Or A Written Ballot
§ 7516Written Consent Of Members
§ 7517Acceptance Or Rejection Of Ballot, Consent, Waiver, Or Proxy Appointment
§ 7520Election Of Directors By Members; Procedure
§ 7521Nomination
§ 7522Board Elections, 5,000 or More Units
§ 7523Publication Of Material Soliciting Votes; Nominees Rights
§ 7524Request To Corporation To Mail Election Material
§ 7525Refusal To Publish Or Mail Material; Liability For Contents
§ 7526Use Of Corporate Funds To Support Nominee
§ 7527Time To Consent Election, Appointment, Or Removal Of Director; Defect In Notice

Nonprofit Mutual Benefit Corporations – Voting Of Memberships

§ 7610One Vote Per Member; Exceptions
§ 7611Record Date; Determining Voting Eligibility
§ 7612Memberships In Two Or More Names
§ 7613Proxies
§ 7614Inspectors Of Election
§ 7615Cumulative Voting; Determining Winner; When Ballots Are Required
§ 7616Action To Determine Validity Of Election Or Appointment Of Director; Notice To Attorney General

Nonprofit Mutual Benefit Corporations – Amendment Of Articles

§ 7810Permissible Amendments To The Articles Of Incorporation
§ 7811Amendment Of Articles By Incorporators
§ 7812Amendment Of Articles By Board Or Members; Exceptions
§ 7813Amendments Affecting Rights Of Class
§ 7814Filing Certificate Of Amendment To Articles
§ 7815Filing Of Amendment By Incorporators
§ 7816Contents Of Certificate Of Amendment
§ 7817Effect Of Filing Certificate Of Amendment
§ 7819Restated Articles Of Incorporation

Secretary Of State Filings

§ 8210Biennial Statements
§ 8211Biennial Statements, Resignation Of Agent For Service Of Process
§ 8212Biennial Statements, Loss Of Agent For Service Of Process

Nonprofit Mutual Benefit Corporations – Records, Reports, And Rights Of Inspection

§ 8310Records Subject To Inspection To Be Written
§ 8311Inspection
§ 8313No Limitation On Inspection Rights
§ 8320Records Required To Be Kept; Form Of Records
§ 8321Notice Of Annual Report
§ 8322Annual Statements Of Transactions With Interested Persons And Of Indemnification
§ 8325Demand For Election Results
§ 8330Demand For Member’s Names, Address, And Voting Rights; By Member
§ 8331Petition By Corporation To Set Aside Demand; Time; Procedure; Grounds
§ 8332Power Of Court To Limit Rights Under Section 8330; Temporary Order Suspending Time Limit
§ 8333Inspection Of Accounting Books, Records, Minutes; By Member.
§ 8334Director’s Right Of Inspection
§ 8335Postponement Of Meetings Where Records Not Obtained
§ 8336Power Of Superior Court To Enforce Inspection Rights Or Appoint Inspectors Or Accountants
§ 8337Award Of Costs, Expenses, Attorneys’ Fees
§ 8338Prohibited Uses Of Membership Lists; Damages For Misuse


Executive Department

§ 12191Miscellaneous Business Entity Filing Fees

Housing Discrimination

§ 12955Unlawful Practices
§ 12955.1Discrimination By Failure To Make Covered Multifamily Dwelling Accessible By Disabled Persons
§ 12955.2“Familial Status”
§ 12955.3“Disability”
§ 12955.9Housing For Older Persons
§ 12956.1Anti-Discrimination Statement On Governing Documents
§ 12956.2Filing Of Document Modifying Restrictive Covenant

Procedures For Levying

§ 53341.5Sale Or Lease Of Lot, Parcel Or Unit Of Subdivision; Notice Of Special Tax; Form; Modification Of Form; Termination Of Agreement; Violations And Penalties

Planning And Land Use

§ 65008Discrimination; Prohibition; Exceptions
§ 65852.21Accessory Dwelling Units
§ 66411Local Control Of Common Interest Developments And Subdivision Design And Improvement; Short Term Leases
§ 66411.7Approval Of Parcel Map
§ 66412Application Of Division; Exclusions
§ 66424Subdivision
§ 66427Map Of Condominium, Community Apartment Project, Stock Cooperative Project; Three-Dimensional Portions
§ 66452.10Stock Cooperative Or Community Apartment Project; Conversion To Condominium; Required Number Of Favorable Votes Of Owners, Trustees Or Beneficiaries
§ 66475.2Local Transit Facilities; Requirements


Daycare Homes

§ 1596.78Daycare Homes, Definitions
§ 1597.41Daycare Homes, Prohibited Restrictions

Fire Protection

§ 13132.7Fire Retardant Roof Covering Standards For Building Projects; Exception; Allowance For More Restrictive Local Standards; Historical Buildings; Installer Certification; Wood Roofing Materials

Building Records

§ 19850Filing, Building Plans By City Or County

Miscellaneous Health and Safety Provisions

§ 25400.22Certain Actions To Be Taken Within 10 Working Days After Determination Of Contamination Based On Property Type; Contents Of Lien, Restraint Or Vehicle Stop; Order Prohibiting Use; Release Of Lien, Restraint Or Vehicle Stop
§ 25915.2Written Notice To Employees, Other Owners And Employees Of Contractors; Exceptions

Community Redevelopment Law

§ 33050Discrimination Prohibited; Familial Status
§ 33435Obligation Of Lessees And Purchasers To Refrain From Discrimination; Nondiscrimination And Nonsegregation Clauses; Familial Status
§ 33436Form Of Nondiscrimination And Nonsegregation Clauses; Familial Status

Financial Discrimination

§ 35811Discrimination; Familial Status
§ 37630Prohibited Discrimination; Equal Opportunity For Employment; Contracts And Subcontracts; Familial Status
§ 50955Equal Opportunity Without Discrimination; Affirmative Action; Contracts; Minorities; Familial Status
Occupancy; Discrimination Prohibited; Equal Employment Opportunity; Familial Status; Certification Of Compliance
§ 116048Public Swimming Pools In Certain Common Interest Developments; Requirement To Keep Certain Records


Unfair Practices

§ 790.031Application Of Certain Requirements


Effect Of Tax

§ 2188.6Condominiums; Assessment Of Separate Units; Liens; Exemptions; Operative Effect


Local Regulations

§ 21107.7Private Roads Not Open To Public Use

Authority To Remove Vehicles

§ 22651Circumstances Permitting Removal
§ 22651.05Trained Volunteers Of State Or Local Law Enforcement Agencies; Requirements; Circumstances Permitting Removal
§ 22658Removal Of Vehicle From Private Property By Property Owner; Towing Companies And Charges


Water Reuse

§ 13553Recycled Water Used For Toilet And Urinal Flushing; Legislative Findings And Declarations; Condominium Projects


15 USCS §§ 8001 – 8007Virginia Graeme Baker Pool & Spa Safety Act
§ 47 CFR § 1.4000Over-The-Air Reception Devices Rule

Table of Contents – Part I

Contact Us

Fill out the contact form or call us at 818-891-9504 to schedule your consultation.
Please sign me up to receive your newsletters