(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:…
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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.
Civil Code § 1370 – Liberal Construction Of Governing Documents.
Any deed, declaration, or condominium plan for a common interest development shall be liberally construed to facilitate the operation of the common interest development, and its provisions shall be presumed to be independent and severable. Nothing in Article 3 (commencing with Section 715) of Chapter 2 of Title 2 of…
Civil Code § 1369.590 – Annual Association Distribution Of Alternative Dispute Resolution Procedures Required.
(a) An association shall annually provide its members a summary of the provisions of this article that specifically references this article. The summary shall include the following language: “Failure of a member of the association to comply with the alternative dispute resolution requirements of Section 1369.520 of the Civil Code…
Civil Code § 1369.580 – Court Discretion In Awarding Fees And Costs Based Upon Participation In Alternative Dispute Resolution.
In an enforcement action in which fees and costs may be awarded pursuant to subdivision (c) of Section 1354, the court, in determining the amount of the award, may consider whether a party’s refusal to participate in alternative dispute resolution before commencement of the action was reasonable.
Civil Code § 1369.570 – Stipulated Agreement To Pursue Alternative Dispute Resolution After Commencement Of Enforcement Action.
(a) After an enforcement action is commenced, on written stipulation of the parties, the matter may be referred to alternative dispute resolution. The referred action is stayed. During the stay, the action is not subject to the rules implementing subdivision (c) of Section 68603 of the Government Code. (b) The…