Table of Contents – Part I

CALIFORNIA BUSINESS AND PROFESSIONS CODE

Licenses

Educational Requirements Of Applicants For Real Estate Broker's License; Waiver; Credit For Other Courses

Subdivided Lands

Planned Development
Stock Cooperative
Additional Subdivisions And Interests Included In Reference To “Subdivided Lands” And “Subdivision”
Proposed Sale Or Lease Of Interest In Subdivision Limited To Industrial Or Commercial Use; Applicability Of Chapter
Disclosure Requirements

Club Licenses

Tennis Club
Condominiums And Cooperatives; Condominium Homeowners’ Association

CALIFORNIA CIVIL CODE

Defamation

§ 47
Litigation Privilege

Equality

§ 51
Unruh Civil Rights Act
§ 51.2
Housing Discrimination Prohibited Based On Age; Application Of Section—Housing Specifications To Meet Needs Of Senior Citizens
§ 51.3
Establishing And Preserving Accessible Housing For Senior Citizens
Senior Citizen Housing, Riverside County Only
§ 52
Penalty For Discrimination
§ 52.1
Interference With Exercise Of Civil Rights--Remedies.
§ 53
Discriminatory Provisions On Ownership Or Use Of Real Property Void

Green Statutes

§ 714
Unenforceability Of Deeds, Contracts Or Instruments Prohibiting Or Restricting Installation Or Use Of Solar Energy System
Solar Energy Systems; Common Interest Developments; Approval; Maintenance; Indemnification Or Reimbursement

Real Or Immovable Property

§ 782
Discriminatory Restrictions In Deeds; Invalidity; Familial Status
Discriminatory Restrictions In Deeds Or Other Title-Related Instruments; Deemed Revised To Omit Restrictions; Familial Status
§ 783
“Condominium” Defined
Stock Cooperatives; Separate And Correlative Interests
§ 1098
“Transfer Fee” Defined
§ 1133
Properties with Blanket Encumbrance
§ 1134
Statement of Defects or Disclaimer
§ 1468
HO/HOA Agreements, Recorded

Electronic Signatures And Transmissions

Title
Definitions
Application; Davis-Stirling Transactions Excluded
Effective Date
Both Parties’ Agreement Required
Purpose
Legal Effect Of Electronic Records And Signatures
Posting, Delivery And Storage
Effect Of Electronic Signature
Change Or Error In Transmission
Notarization; Penalty Of Perjury
Retention Of Record
Use As Evidence
Automated Transactions - Contract Formation And Terms
When Sent; When Received
Conflicts With Other Law
Regulation Of Automatic Signatures

Miscellaneous

Private Food Gardens
Religious Items Displayed in Doorways
Tenant Installation of Electric Vehicle Charging Station
Tenant Installations of Electric Vehicle Charging Stations
Notice Of Default
Condominium Loans; Underwriting Requirements For Earthquake Insurance Or Fees; Disclosures

DAVIS-STIRLING ACT (EFFECTIVE THROUGH 2013)

DAVIS-STIRLING ACT (EFFECTIVE STARTING 2014)

Davis-Stirling Act – General Provisions

§ 4000
Title Of Act
§ 4005
Headings
§ 4010
Documents And Actions Before 2014
§ 4020
Zoning Ordinances
§ 4035
Delivery To Association
§ 4040
Individual Delivery To Owners
§ 4041
Process for Updating Owner Addresses
§ 4045
General Delivery To Owners
§ 4050
Completion Of Delivery
§ 4055
Electronic Delivery
§ 4065
Approval By Majority Of Members
§ 4070
Approval By Majority Of Quorum
§ 4075
Definitions
§ 4076
Definition, Annual Budget Report
§ 4078
Definition, Annual Policy Statement
§ 4080
Definition, Association
§ 4085
Definition, Board
§ 4090
Definition, Board Meeting
§ 4095
Definition, Common Area
§ 4100
Definition, Common Interest Development
§ 4105
Definition, Community Apartment Project
§ 4110
Definition, Community Service Organization
§ 4120
Definition, Condominium Plan
§ 4125
Definition, Condominium Project
§ 4130
Definition, Declarant
§ 4135
Definition, Declaration
§ 4140
Definition, Director
§ 4145
Definition, Exclusive Use Common Area
§ 4148
Definition, General Notice
§ 4150
Definition, Governing Documents
§ 4153
Definition, Individual Notice
§ 4155
Definition, Item Of Business
§ 4158
Definition, Managing Agent
§ 4160
Definition, Member
§ 4170
Definition, Person
§ 4175
Definition, Planned Development
§ 4177
Definition, Reserve Account
§ 4178
Definition, Reserve Account Requirements
§ 4185
Definition, Separate Interest
§ 4190
Definition, Stock Cooperative

Davis-Stirling Act - Application Of Act

§ 4200
Application Of Davis-Stirling Act
§ 4201
Developments Without Common Area
§ 4202
Industrial Or Commercial Developments

Davis-Stirling Act - Governing Documents

§ 4205
Governing Documents, Order Of Priority
§ 4210
Recorded Statement Of Association
§ 4215
Governing Documents Liberally Construed
§ 4220
Unit Boundaries
§ 4225
Deletion Of Restrictive Covenants
§ 4230
Governing Documents, Deletion Of Developer Provisions
§ 4235
Correction Of Statutory References In Documents
§ 4250
CC&Rs, Contents
§ 4255
CC&Rs, Airport Influence Area Disclosure
§ 4260
CC&Rs, Ability To Amend
§ 4265
CC&Rs, Extension Of Term
§ 4270
CC&Rs, Amendments
§ 4275
CC&Rs, Court Petition To Amend
§ 4280
Articles Of Incorporation
§ 4285
Condominium Plan, Contents
§ 4290
Condominium Plan, Recordation
§ 4295
Condominium Plan, Amendment Or Revocation
§ 4340
Operating Rule, Definitions Of Terms
§ 4350
Operating Rule, Requirements
§ 4355
Operating Rule, Application Of Statutes
§ 4360
Operating Rule, Procedures For Adoption
§ 4365
Operating Rule, Membership Vote To Reverse
§ 4370
Operating Rule, Effective Date Of Statute

Davis-Stirling Act - Ownership And Transfer Of Interests

§ 4500
Ownership Of Common Area
§ 4505
Common Area, Easements
§ 4510
Access To Separate Interest
§ 4515
Assembly for Political Purposes; Flyers
§ 4525
Escrow Disclosures By Owner
§ 4528
Escrow Disclosure Form
§ 4530
Escrow Disclosure By Association
§ 4535
Escrow Disclosure, Compliance With Other Statutes
§ 4540
Escrow Disclosure, Penalty For Violation
§ 4545
Escrow Disclosure, No Effect On Title To Real Property
§ 4575
Transfer Fees, Cap
§ 4580
Transfer Fees, Organizations Not Subject To Cap
§ 4600
Exclusive Use Common Area, Grant
§ 4605
Action For Violation Re: Grant Of Exclusive Use Common Area
§ 4610
Partition Of Common Area
§ 4615
Mechanics Liens
§ 4620
Lien; Notice to Members
§ 4625
Transfer Of Interest In Community Apartment Project
§ 4630
Transfer Of Interest In Condominium Project
§ 4635
Transfer Of Interest In Planned Development
§ 4640
Transfer Of Interest In Stock Cooperative
§ 4645
Transfer Of Exclusive Use Areas
§ 4650
Severability Of Component Interests

Davis-Stirling Act - Property Use And Maintenance

§ 4700
Regulations On Use Of Separate Interest And Applicability Of Other Statutes
§ 4705
Display Of U.S. Flag
§ 4706
Religious Items Displayed in Doorways
§ 4710
Noncommercial Signs
§ 4715
Pets
§ 4720
Roofing Materials
§ 4725
Antennas And Satellite Dishes
§ 4730
Marketing Restrictions In Governing Documents
§ 4735
Water-Efficient Plants and Landscaping Restrictions
§ 4740
Rental Restrictions, Grandfathering
§ 4741
Rental Restrictions
§ 4745
Electric Vehicle Charging Stations
Electric Vehicle Dedicated TOU Meters
§ 4746
Solar Panels on Common Area Roofs
§ 4750
Personal Food Gardens
§ 4751
Accessory Dwelling Units
§ 4753
Clotheslines
§ 4760
Modifications For Handicap Access
§ 4765
Architectural Review Procedures
§ 4775
Maintenance And Repairs
§ 4777
Pesticides
§ 4780
Wood-Destroying Pests Or Organisms
§ 4785
Wood-Destroying Pests Or Organisms, Temporary Relocation
§ 4790
Owners’ Maintenance Of Telephone Lines

Davis-Stirling Act - Association Governance

§ 4800
Management By Association
§ 4805
Association’s Powers
§ 4820
Joint Neighborhood Associations
§ 4900
Open Meeting Act
§ 4910
Board Meetings, Electronic Transmissions
§ 4920
Board Meetings, Notice To Members
§ 4923
Board Meetings, Emergency Meetings
§ 4925
Board Meetings, Member Attendance And Participation
§ 4930
Board Meetings, Agenda Items
§ 4935
Board Meetings, Executive Session
§ 4950
Board Meetings, Minutes
§ 4955
Board Meetings, Member Action To Enforce Rights
§ 5000
Membership Meetings, Participation
§ 5100
Membership Votes; Matters Voted by Secret Ballot
§ 5105
Election Rules
§ 5110
Membership Votes; Inspector of Election
§ 5115
Secret Ballots
§ 5120
Secret Ballots, Tabulation
§ 5125
Custody and Inspection of Ballot Materials
§ 5130
Proxies
§ 5135
Campaign Funding
§ 5145
Secret Ballots; Member Action to Enforce Rights
§ 5200
Association Records, Definitions
§ 5205
Association Records, Member Inspection
§ 5210
Records Inspection, Time Periods
§ 5215
Association Records, Redacting Or Withholding
§ 5220
Membership List, Member Opt-Out
§ 5225
Membership List, Request For Copy
§ 5230
Association Records, Improper Use By Member
§ 5235
Records Inspection, Member Action To Enforce Rights
§ 5240
Records Inspection, Corporations Code And Specific Organizations
§ 5260
Members’ Requests In Writing
§ 5300
Annual Budget Report
§ 5305
Review Of Financial Statement
§ 5310
Annual Policy Statement
§ 5320
Summaries Of Annual Reports
§ 5350
Directors, Conflict of Interest
§ 5375
Prospective Managing Agent, Disclosures
Manager Conflict of Interest Defined
§ 5376
Manager Facilitate Delivery of Documents
§ 5380
Managing Agent, Handling Of Funds
§ 5385
Managing Agent, Definition
§ 5400
Directors, Online Education Course
§ 5405
Secretary Of State, Association Information Statement

Davis-Stirling Act - Finances

§ 5500
Board Review of Association Finances
§ 5501
Financial Review Between Board Meetings
§ 5502
Board Authorization of Financial Transfer
§ 5510
Reserve Account Withdrawals
§ 5515
Reserve Funds, Borrowing From Account
§ 5520
Reserve Funds, Litigation Costs
§ 5550
Reserve Study
§ 5551
Inspection of Balconies
§ 5560
Reserve Funding Plan
§ 5565
Reserve Study, Calculating Summary Of Reserves
§ 5570
Reserve Study, Disclosure Form
§ 5580
Community Service Organization Reporting

Davis-Stirling Act - Assessments And Assessment Collection

§ 5600
Assessments, Levying
§ 5605
Assessments, Annual Increases
§ 5610
Assessments, Increases For Emergency Situations
§ 5615
Assessments, Notice
§ 5620
Assessments, Judgment Creditors
§ 5625
Assessments And Taxes
§ 5650
Assessments, Delinquency
§ 5655
Assessments, Application Of Payments
§ 5658
Disputed Sums
§ 5660
Assessments, Pre-Lien Notice
§ 5665
Assessments, Payment Plan Requests
§ 5670
Lien, “Meet And Confer” Offer Before Recordation
§ 5673
Lien, Board Decision To Record
§ 5675
Lien, Recordation
§ 5680
Lien, Priority
§ 5685
Lien, Release
§ 5690
Lien, Association Noncompliance
§ 5700
Lien, Enforcement
§ 5705
Foreclosure Prerequisites
§ 5710
Foreclosure
§ 5715
Foreclosure, Right Of Redemption
§ 5720
Foreclosure, $1,800 Or 12-Month Minimum
§ 5725
Foreclosure, Monetary Charge Or Penalty
§ 5730
Notice Assessments And Foreclosure
§ 5735
No Assignment Of Right To Collect Or Foreclose
§ 5740
Liens Recorded Before 2003

Davis-Stirling Act - Insurance And Liability

§ 5800
Volunteer Directors, Liability
§ 5805
Liability For Common Areas
§ 5806
Fidelity Board Coverage Requirement
§ 5810
Notice Re Insurance Policy Changes

Davis-Stirling Act - Dispute Resolution And Enforcement

§ 5850
Schedule Of Monetary Penalties
§ 5855
Hearings
§ 5865
Monetary Penalties
§ 5900
Internal Dispute Resolution, Application
§ 5905
Dispute Resolution Procedure Required
§ 5910
Dispute Resolution Procedure, Minimum Requirements
Civil Action; Internal Dispute Resolution
§ 5915
Dispute Resolution Procedure
§ 5920
Dispute Resolution, Annual Disclosure
§ 5925
Alternative Dispute Resolution, Definitions
§ 5930
Alternative Dispute Resolution, Prerequisite To Litigation
§ 5935
Alternative Dispute Resolution, Service Of Request
§ 5940
Alternative Dispute Resolution, Process
§ 5945
Alternative Dispute Resolution, Statute Of Limitation
§ 5950
Alternative Dispute Resolution, Certificate
§ 5955
Alternative Dispute Resolution During Litigation
§ 5960
Alternative Dispute Resolution, Attorney’s Fees
§ 5965
Alternative Dispute Resolution, Annual Disclosure
§ 5975
CC&Rs, Enforcement
§ 5980
Association Standing To Sue
§ 5985
Comparative Fault Of Association

Table of Contents – Part II

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