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Articles Posted in Davis-Stirling Act

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Civil Code § 1366 – Regular And Special Assessments; Limitation On Increases; Delinquent Assessments; Interest.

(a) Except as provided in this section, the association shall levy regular and special assessments sufficient to perform its obligations under the governing documents and this title. However, annual increases in regular assessments for any fiscal year, as authorized by subdivision (b), shall not be imposed unless the board has…

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Civil Code § 1365.9 – Liability For Common Areas; Action Against Association; Insurance Requirements.

(a) It is the intent of the Legislature to offer civil liability protection to owners of the separate interests in a common interest development that have common areas owned in tenancy-in-common if the association carries a certain level of prescribed insurance that covers a cause of action in tort. (b)…

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Civil Code § 1365.7 – Liability Of Volunteer Officer Or Director; Criteria; Limitations.

(a) A volunteer officer or volunteer director of an association, as defined in subdivision (a) of Section 1351, which manages a common interest development that is exclusively residential, shall not be personally liable in excess of the coverage of insurance specified in paragraph (4) to any person who suffers injury,…

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Civil Code § 1365.6 – Application Of Corp. Code § 310

Notwithstanding any other law, and regardless of whether an association is a corporation, as defined in Section 162 of the Corporations Code, the provisions of Section 310 of the Corporations Code shall apply to any contract or other transaction authorized, approved, or ratified by the board or a committee of…

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Civil Code § 1365.3 – Association Report Required To Meet Standards Of Corp.

Unless the governing documents impose more stringent standards, any community service organization as defined in paragraph (3) of subdivision (c) of Section 1368 whose funding from the association or its members exceeds 10 percent of the organization’s annual budget shall prepare and distribute to the association a report that meets…

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Civil Code § 1364 – Responsibility For Maintenance Of common Area; Damage By WOod-Destroying Pests Or Organisms; Relocation Costs; Notice Of Repair; Access To Telephone Wiring.

(a) Unless otherwise provided in the declaration of a common interest development, the association is responsible for repairing, replacing, or maintaining the common areas, other than exclusive use common areas, and the owner of each separate interest is responsible for maintaining that separate interest and any exclusive use common area…

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Civil Code § 1363.830 – Dispute Resolution Procedure Minimum Requirements.

A fair, reasonable, and expeditious dispute resolution procedure shall at a minimum satisfy all of the following requirements: (a) The procedure may be invoked by either party to the dispute. A request invoking the procedure shall be in writing. (b) The procedure shall provide for prompt deadlines. The procedure shall…

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Civil Code § 1363.810 – Application Of Article.

(a) This article applies to a dispute between an association and a member involving their rights, duties, or liabilities under this title, under the Nonprofit Mutual Benefit Corporation Law (Part 3 (commencing with Section 7110) of Division 2 of Title 1 of the Corporations Code), or under the governing documents…

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Civil Code § 1363.09 – One Year Statute of Limitations-Action For Violation Of ARticle; Penalties; Small Claims Court Option.

(a) A member of an association may bring a civil action for declaratory or equitable relief for a violation of this article by an association of which he or she is a member, including, but not limited to, injunctive relief, restitution, or a combination thereof, within one year of the…

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