(a) A common interest development shall be managed by an association that may be incorporated or unincorporated. The association may be referred to as a community association. (b) An association, whether incorporated or unincorporated, shall prepare a budget pursuant to Section 1365 and disclose information, if requested, in accordance with…
HOA Law Blog
Civil Code § 1363.001 – On-line Education Course.
To the extent existing funds are available, the Department of Consumer Affairs and the Department of Real Estate shall develop an on-line education course for the board of directors of an association regarding the role, duties, laws, and responsibilities of board members and prospective board members, and the nonjudicial foreclosure…
Civil Code § 1361 – Rights Or Easements In Common Area.
Unless the declaration otherwise provides: (a) In a community apartment project and condominium project, and in those planned developments with common areas owned in common by the owners of the separate interests, there are appurtenant to each separate interest nonexclusive rights of ingress, egress, and support, if necessary, through the…
Civil Code § 1360.5 – Pet Provision.
(a) No governing documents shall prohibit the owner of a separate interest within a common interest development from keeping at least one pet within the common interest development, subject to reasonable rules and regulations of the association. This section may not be construed to affect any other rights provided by…
Civil Code § 1360 – Modification Of Unit By Owner; Facilitation Of Access For Handicapped; Association Approval.
(a) Subject to the provisions of the governing documents and other applicable provisions of law, if the boundaries of the separate interest are contained within a building, the owner of the separate interest may do the following: (1) Make any improvements or alterations within the boundaries of his or her…
Civil Code § 1358 – Interests Included In Conveyance, Judicial Sale Or Transfer Of Separate Interests; Transfers Of Exclusive Use Areas; Restrictions Upon Severability Of Component Interests.
(a) In a community apartment project, any conveyance, judicial sale, or other voluntary or involuntary transfer of the separate interest includes the undivided interest in the community apartment project. Any conveyance, judicial sale, or other voluntary or involuntary transfer of the owner’s entire estate also includes the owner’s membership interest…
Civil Code § 1357.150 – Effective Date.
(a) This article applies to a rule change commenced on or after January 1, 2004. (b) Nothing in this article affects the validity of a rule change commenced before January 1, 2004. (c) For the purposes of this section, a rule change is commenced when the board of directors of…
Civil Code § 1357.140 – Special Meeting Of Members To Reverse A Rule Change.
(a) Members of an association owning 5 percent or more of the separate interests may call a special meeting of the members to reverse a rule change. (b) A special meeting of the members may be called by delivering a written request to the president or secretary of the board…
Civil Code § 1357.130 – Notice Of Rule Change.
(a) The board of directors shall provide written notice of a proposed rule change to the members at least 30 days before making the rule change. The notice shall include the text of the proposed rule change and a description of the purpose and effect of the proposed rule change.…
Civil Code § 1357.120 – Application.
(a) Sections 1357.130 and 1357.140 only apply to an operating rule that relates to one or more of the following subjects: (1) Use of the common area or of an exclusive use common area. (2) Use of a separate interest, including any aesthetic or architectural standards that govern alteration of…