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Articles Posted in Davis-Stirling Act

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Civil Code § 1368.5 – Civil Action By Association; Notice Prior to Filing.

(a) Not later than 30 days prior to the filing of any civil action by the association against the declarant or other developer of a common interest development for alleged damage to the common areas, alleged damage to the separate interests that the association is obligated to maintain or repair,…

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Civil Code § 1368.3 – Association Standing As Real Party In Interest.

An association established to manage a common interest development has standing to institute, defend, settle, or intervene in litigation, arbitration, mediation, or administrative proceedings in its own name as the real party in interest and without joining with it the individual owners of the common interest development, in matters pertaining…

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Civil Code § 1368.1 – Arbitrary Or Unreasonable Restriction On Owner’s Ability To Market Unit Void.

(a) Any rule or regulation of an association that arbitrarily or unreasonably restricts an owner’s ability to market his or her interest in a common interest development is void. (b) No association may adopt, enforce, or otherwise impose any rule or regulation that does either of the following: (1) Imposes…

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Civil Code § 1367.5 – Lien Filed In Error; Reversal Of Costs And Fees.

If it is determined through dispute resolution pursuant to the association’s “meet and confer” program required in Article 5 (commencing with Section 1363.810) of Chapter 4 or alternative dispute resolution with a neutral third party pursuant to Article 2 (commencing with Section 1369.510) of Chapter 7 that an association has…

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Civil Code § 1367.4 – Limitations On Collection Of Delinquent Assessments Through Foreclosure; Right Of Redemption.

(a) Notwithstanding any law or any provisions of the governing documents to the contrary, this section shall apply to debts for assessments that arise on and after January 1, 2006. (b) An association that seeks to collect delinquent regular or special assessments of an amount less than one thousand eight…

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Civil Code § 1367.1 – Lien For Delinquent Assessments Recorded After January 1, 2003.

(a) A regular or special assessment and any late charges, reasonable fees and costs of collection, reasonable attorney’s fees, if any, and interest, if any, as determined in accordance with Section 1366, shall be a debt of the owner of the separate interest at the time the assessment or other…

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Civil Code § 1366.2 – Collection Of Assessments; Recording Of Identifying Statement.

(a) In order to facilitate the collection of regular assessments, special assessments, transfer fees, and similar charges, the board of directors of any association is authorized to record a statement or amended statement identifying relevant information for the association. This statement may include any or all of the following information:…

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