Table of Contents – Part II

Davis-Stirling Act - Construction Defect Litigation

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

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

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


Commercial and Industrial CID Act – Preliminary Provisions

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

Commercial and Industrial CID Act - Definitions

§ 6526
Construction 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

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

Commercial and Industrial CID Act - General Provisions

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

Commercial and Industrial CID Act - Declaration

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

Commercial and Industrial CID Act - Articles Of Incorporation

§ 6622
Association Articles Of Incorporation; Required Statements

Commercial and Industrial CID Act - Condominium Plan

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

Commercial and Industrial CID Act - Operating Rules

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

Commercial and Industrial CID Act - Ownership Rights And Interests

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

Commercial and Industrial CID Act - Restrictions On Transfers

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

Commercial and Industrial CID Act - Transfer Of Separate Interest

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

Commercial and Industrial CID Act - Protected Uses

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

Commercial and Industrial CID Act - Modification Of Separate Interest

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

Commercial and Industrial CID Act - Maintenance

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

Commercial and Industrial CID Act - Association Governance

§ 6750
Management By Association
§ 6752
Powers Of Association
§ 6756
Request To Change Member’s Information; Delivery In Writing
§ 6758
Applicability Of Corporations Code Provisions; Prohibited Actions
§ 6760
Assistance 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

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

Commercial and Industrial CID Act - Assessment Payment And Delinquency

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

Commercial and Industrial CID Act - Assessment Collection

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

Commercial and Industrial CID Act - Insurance And Liability

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

Commercial and Industrial CID Act - Disciplinary Action

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

Commercial and Industrial CID Act - Civil Actions

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

Commercial and Industrial CID Act - Construction Defect Litigation

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


Jurisdiction In Limited Civil Cases

§ 86

Small Claims Court

Small Claims Jurisdiction
Small Claims CAP - Natural Person
Small Claims CAP - Auto Injury
Small Claims Actions Brought Per Year
Appearance By Person Other Than Plaintiff Or Defendant; Personal Appearance By Plaintiff Or Defendant


General Provisions

§ 20
"Electronic Transmission By The Corporation"
§ 21
Construction Electronic Transmission

Nonprofit Corporation Law – General Provisions And Definitions

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

Nonprofit Mutual Benefit Corporations – Organization And Bylaws

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

Nonprofit Mutual Benefit Corporations - Directors And Management – General Provisions

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

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

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

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

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

Nonprofit Mutual Benefit Corporations - Members

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

Nonprofit Mutual Benefit Corporations – Meetings And Voting

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

Nonprofit Mutual Benefit Corporations – Voting Of Memberships

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

Nonprofit Mutual Benefit Corporations – Amendment Of Articles

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

Secretary Of State Filings

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

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

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


Executive Department

Miscellaneous Business Entity Filing Fees

Housing Discrimination

Unlawful Practices
Discrimination By Failure To Make Covered Multifamily Dwelling Accessible By Disabled Persons
"Familial Status"
Housing For Older Persons
Anti-Discrimination Statement On Governing Documents
Filing Of Document Modifying Restrictive Covenant

Procedures For Levying

Sale 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

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


Daycare Homes

Daycare Homes, Definitions
Daycare Homes, Prohibited Restrictions

Fire Protection

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

Building Records

Filing, Building Plans By City Or County

Miscellaneous Health and Safety Provisions

Certain 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
Written Notice To Employees, Other Owners And Employees Of Contractors; Exceptions

Community Redevelopment Law

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

Financial Discrimination

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


Unfair Practices

Application Of Certain Requirements


Effect Of Tax

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


Local Regulations

Private Roads Not Open To Public Use

Authority To Remove Vehicles

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


Water Reuse

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


Virginia Graeme Baker Pool & Spa Safety Act
Over-The-Air Reception Devices Rule

Table of Contents – Part I

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