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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 § 1365.2.5 – Assessment And Reserve Funding Disclosure Summary.

(a) The disclosures required by this article with regard to an association or a property shall be summarized on the following form: Assessment and Reserve Funding Disclosure Summary (1) The current regular assessment per ownership interest is $_____ per ____. Note: If assessments vary by the size or type 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 § 1365.2 – Right To Inspect And Copy Association Records; Restrictions On Use; Cost Of Production; Redaction Of Information To Prevent Identity Theft; Penalties For Non-Compliance.

(a) For the purposes of this section, the following definitions shall apply: (1) “Association records” means all of the following: (A) Any financial document required to be provided to a member in Section 1365. (B) Any financial document or statement required to be provided in Section 1368. (C) Interim financial…

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Civil Code § 1365.1 – Distribution Of Written Notice of Assessments, Foreclosure, And Payment Plans.

(a) The association shall distribute the written notice described in subdivision (b) to each member of the association during the 60-day period immediately preceding the beginning of the association’s fiscal year. The notice shall be printed in at least 12-point type. An association distributing the notice to an owner of…

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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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