(a) If a dispute exists between the owner of a separate interest and the association, including, but not limited to, an assessment, fine, penalty, late fee, collection cost, or monetary penalty imposed as a disciplinary measure, and the amount in dispute does not exceed the jurisdictional limits stated in Sections…
HOA Law Blog
Civil Code §1363.840 – Statutory Dispute Resolution Procedure.
(a) This section applies in an association that does not otherwise provide a fair, reasonable, and expeditious dispute resolution procedure. The procedure provided in this section is fair, reasonable, and expeditious, within the meaning of this article. (b) Either party to a dispute within the scope of this article may…
Civil Code § 1363.1 – Prospective Managing Agent Disclosure.
(a) A prospective managing agent of a common interest development shall provide a written statement to the board of directors of the association of a common interest development as soon as practicable, but in no event more than 90 days, before entering into a management agreement which shall contain all…
Governor Arnold Schwarzenegger Vetoes AB 2598
We are very pleased to advise you that all of our efforts were successful and the Governor vetoed AB 2598, the assessment collection bill. We agree with the Governor’s reasons for the veto. His letter to the legislators is presented below. His reasons for his veto show he listened to…
Civil Code § 1378 – Required Architectural Review Procedures; Exemptions.
(a) This section applies if an association’s governing documents require association approval before an owner of a separate interest may make a physical change to the owner’s separate interest or to the common area. In reviewing and approving or disapproving a proposed change, the association shall satisfy the following requirements:…
Civil Code § 1376 – Installation Of Video And Television Antenna.
(a) Any covenant, condition, or restriction contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of, or any interest in, a common interest development that effectively prohibits or restricts the installation or use of a video or television antenna, including a satellite dish, or…
Civil Code § 1375.1 – Disclosure To Association Members Of Settlement Agreement Regarding Defects.
(a) As soon as is reasonably practicable after the association and the builder have entered into a settlement agreement or the matter has otherwise been resolved regarding alleged defects in the common areas, alleged defects in the separate interests that the association is obligated to maintain or repair, or alleged…
Civil Code § 1375.05 – Construction Defect Litigation; Filing Of Complaint; Inspection Process; Expert Witness Depositions.
(a) Upon the completion of the mandatory prefiling dispute resolution process described in Section 1375, if the parties have not settled the matter, the association or its assignee may file a complaint in the superior court in the county in which the project is located. Those matters shall be given…
Civil Code § 1375 – Construction Defect Litigation; Prefiling; Dispute Resolution Process.
(a) Before an association files a complaint for damages against a builder, developer, or general contractor (“respondent”) of a common interest development based upon a claim for defects in the design or construction of the common interest development, all of the requirements of this section shall be satisfied with respect…
Civil Code § 1374 – Inapplicability Of Law To Developments Without Common Area.
Nothing in this title may be construed to apply to a development wherein there does not exist a common area as defined in subdivision (b) of Section 1351. This section is declaratory of existing law.