Los Angeles Community Associations Lawyer Jeanne McDonald HomeTable 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 COMMON INTEREST DEVELOPMENT ACT
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
Standing
§ 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
Jurisdiction
Small Claims Court
§ 116.220
Small Claims Jurisdiction
§ 116.221
Small Claims CAP - Natural Person
§ 116.224
Small Claims CAP - Auto Injury
§ 116.231
Small Claims Actions Brought Per Year
§ 116.540
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
Proxy
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
§ 7231.5
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
Quorum
§ 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
Nomination
§ 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
Proxies
§ 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
Inspection
§ 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
§ 12191
Miscellaneous Business Entity Filing Fees
Housing Discrimination
§ 12955
Unlawful Practices
§ 12955.1
Discrimination By Failure To Make Covered Multifamily Dwelling Accessible By Disabled Persons
§ 12955.2
"Familial Status"
§ 12955.3
"Disability"
§ 12955.9
Housing For Older Persons
§ 12956.1
Anti-Discrimination Statement On Governing Documents
§ 12956.2
Filing Of Document Modifying Restrictive Covenant
Procedures For Levying
§ 53341.5
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
§ 65008
Discrimination; Prohibition; Exceptions
§ 65852.21
Accessory Dwelling Units
§ 66411
Local Control Of Common Interest Developments And Subdivision Design And Improvement; Short Term Leases
§ 66411.7
Approval Of Parcel Map
§ 66412
Application Of Division; Exclusions
§ 66424
Subdivision
§ 66427
Map Of Condominium, Community Apartment Project, Stock Cooperative Project; Three-Dimensional Portions
§ 66452.10
Stock Cooperative Or Community Apartment Project; Conversion To Condominium; Required Number Of Favorable Votes Of Owners, Trustees Or Beneficiaries
§ 66475.2
Local Transit Facilities; Requirements
Daycare Homes
§ 1596.78
Daycare Homes, Definitions
§ 1597.41
Daycare Homes, Prohibited Restrictions
Fire Protection
§ 13132.7
Fire Retardant Roof Covering Standards For Building Projects; Exception; Allowance For More Restrictive Local Standards; Historical Buildings; Installer Certification; Wood Roofing Materials
Building Records
§ 19850
Filing, Building Plans By City Or County
Miscellaneous Health and Safety Provisions
§ 25400.22
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
§ 25915.2
Written Notice To Employees, Other Owners And Employees Of Contractors; Exceptions
Community Redevelopment Law
§ 33050
Discrimination Prohibited; Familial Status
§ 33435
Obligation Of Lessees And Purchasers To Refrain From Discrimination; Nondiscrimination And Nonsegregation Clauses; Familial Status
§ 33436
Form Of Nondiscrimination And Nonsegregation Clauses; Familial Status
Financial Discrimination
§ 35811
Discrimination; Familial Status
§ 37630
Prohibited Discrimination; Equal Opportunity For Employment; Contracts And Subcontracts; Familial Status
§ 50955
Equal Opportunity Without Discrimination; Affirmative Action; Contracts; Minorities; Familial Status
§ 51602
Occupancy; Discrimination Prohibited; Equal Employment Opportunity; Familial Status; Certification Of Compliance
§ 116048
Public Swimming Pools In Certain Common Interest Developments; Requirement To Keep Certain Records
Unfair Practices
§ 790.031
Application Of Certain Requirements
Effect Of Tax
§ 2188.6
Condominiums; Assessment Of Separate Units; Liens; Exemptions; Operative Effect
Local Regulations
§ 21107.7
Private Roads Not Open To Public Use
Authority To Remove Vehicles
§ 22651
Circumstances Permitting Removal
§ 22651.05
Trained Volunteers Of State Or Local Law Enforcement Agencies; Requirements; Circumstances Permitting Removal
§ 22658
Removal Of Vehicle From Private Property By Property Owner; Towing Companies And Charges
Water Reuse
§ 13553
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
