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November 11, 2000

Legislative Update: 2006 New Laws Affecting Community Associations

by David C. Swedelson

Download ca_law_update_article_blog_.pdf

by David C. Swedelson

Posted in: Current Affairs and Davis-Stirling Act

November 11, 2000

Updated: December 28, 2016 10:16 am

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Davis-Stirling Common Interest Development Act

4000 - Short Title
4005 - Headings
4010 - Continuation of Prior Law
4020 - Local Zoning Ordinances
4035 - Delivery of Documents to Association
4040 - Individual Delivery/Individual Notice
4041 – Required Annual Notice by Owner
4045 - General Delivery/General Notice
4050 - Effective Date of Delivery
4055 - Electronic Delivery
4065 - Majority Approval of Members, Defined
4070 - Approval by a Majority of a Quorum, Defined
4075 - Application of Definitions
4076 - “Annual Budget Report”
4078 - “Annual Policy Statement”
4080 - “Association”
4085 - “Board”
4090 - “Board Meeting”
4095 – “Common Area”
4100 - “Common Interest Development”
4105 - “Community Apartment Project”
4110 - “Community Service Organization”
4120 - “Condominium Plan”
4125 - “Condominium Project”
4130 - “Declarant”
4135 - “Declaration”
4140 - “Director”
4145 - “Exclusive use Common Area”
4148 - “General Notice”
4150 - “Governing Documents”
4153 - “Individual Notice”
4155 - “Item of Business”
4158 - “Managing Agent”
4160 - “Member”
4170 - “Person”
4175 - “Planned Development”
4177 - “Reserve Accounts”
4178 - “Reserve Account Requirements”
4185 - “Separate Interest”
4190 - “Stock Cooperative”
4200 - Requirements for Creation of a Common Interest Development
4201 - Application Only to Development With Common Area
4202 - Non-application to Commercial or Industrial Common Interest Developments
4205 - Document Authority
4210 - Association Information Statement
4215 - Liberal Interpretation of Documents
4220 - Existing Physical Boundaries
4225 - Discriminatory Provisions in Governing Documents
4230 - Amendment to Delete Developer Provisions
4235 - Amendment to Correct a Cross-Reference
4250 - Required Elements of Declaration
4255 - Notice of Airport Influence Area
4260 - Amendability of Declaration
4265 - Extension of Declaration Termination Date
4270 - Effective Amendment of Declaration
4275 - Petition to Reduce Percentage of Affirmative Votes Required to Amend
4280 - Required Elements of Articles of Incorporation
4285 - Required Elements of Condominium Plan
4290 - Required Elements of Recording Certificate
4295 - Amendment of Condominium Plan
4340 - “Operating Rule” and “Rule Change” Defined
4350 - Required Elements of an Operating Rule
4355 - Limited Application of Sections 4360 and 4365
4360 - Notice of a Proposed Rule Change
4365 - Special Vote of Members to Reverse a Rule Change
4370 - Effective Date of a Rule Change
4500 - Ownership of Common Area
4505 - Rights of Ingress, Egress, and Support
4510 - Right to Physical Access
4515 – Member Rights
4525 - Documents Provided to Prospective Purchaser
4528 - Billing Disclosure Form
4530 - Association’s Obligation to Provide Transfer Disclosures; Estimate of Fees
4535 - Additional Transfer Requirements
4540 - Penalty for Noncompliance
4545 - Validity of Title Unaffected
4575 - Limitation on Transfer Fees
4580 - Exceptions to Section 4575 Limitations
4600 - Grant of Exclusive Use Common Area
4605 - Civil Action for Violation of Section 4600
4610 - Restrictions on Partition of Common Areas
4615 - Lien for Work Performed in Condominium Project
4625 - Community Apartment Transfer
4630 - Condominium Transfer
4635 - Planned Development Transfer
4640 - Stock Cooperative Transfer
4645 - Transfer of Exclusive Use Common Areas
4650 - Restrictions Upon Severability
4700 - Limits on Association’s Authority to Regulate Use of Separate Interest
4705 - Display of United States Flag
4706 – Religious Items
4710 - Display of Noncommercial Signs or Flags
4715 - Pet Restrictions
4720 - Fire Retardant Roofs
4725 - Satellite Dishes, Video or Television Antenna
4730 - Marketing of Owner’s Separate Interest
4735 - Use of Low Water-Using Plants
4736 – Pressure Washing
4740 - Rental Restrictions
4741 – Rental Restrictions
4745 - Electric Vehicle Charging Stations
4745.1 – Electric Vehicle Charging / TOU Meters
4746 – Solar Installations on Common Area Roof
4747 – Floor Ratio Standards Prohibited
4750 – Personal Agriculture
4751 – Accessory Dwelling Unit (ADU) / Junior Accessory Dwelling Unit (JADU)
4753 – Clothelines and Drying Racks
4760 - Modifications of Separate Interest; Handicapped Access
4765 - Architectural Review
4775 - Common Area Maintenance
4777 – Application of Pesticides by Non-Licensed Persons
4780 - Treatment for Wood-Destroying Pests or Organisms
4785 - Relocation During Treatment for Pests
4790 - Access to Common Area Telephone Wiring
4800 - Option of Incorporation
4805 - Exercise of Powers of Nonprofit Mutual Benefit Corporation
4820 - Joint Neighborhood Associations
4900 - Common Interest Development Open Meeting Act
4910 - No Action on Business Outside of Board Meeting
4920 - Notice of Board Meeting
4923 - Emergency Board Meeting
4925 - Member Attendance Allowed at Board Meeting
4930 - Board Discussion Restricted to Agenda Items
4935 - Executive Session Board Meeting
4950 - Availability of Board Meeting Minutes
4955 - Civil Action for Violation of Open Meeting Act
5000 - Parliamentary Procedure; Member Right to Speak
5100 - Elections Required to Be Held by Secret Ballot
5103 – Vote by Acclamation
5105 - Election Rules Required
5110 - Inspector of Elections
5115 - Secret Ballot Process
5120 - Secret Ballot Tabulation; Publication of Results
5125 - Secret Ballot Retention
5130 - Proxies
5135 - Use of Association Funds for Campaign Purposes Prohibited
5145 - Civil Action for Violation of Secret Ballot Election Statutes
5200 - “Association Records”
5205 - Inspection and Copying of Association Records
5210 - Making Association Records Available
5215 - Permitted Redaction of Association Records
5216 – Safe at Home
5220 - Membership Right to Opt Out of Sharing Information
5225 - Denial of Membership List Request
5230 - Commercial Use of Association Records Prohibited
5235 - Civil Action to Enforce Access to Records
5240 - Applicability to Community Service Organization
5260 - Record Requests Which Must Be in Writing
5300 - Pro Forma Operating Budget
5305 - Accountant Review of Financial Statement When Annual Income Exceeds $75,000
5310 - Annual Policy Statement
5320 - Summary of Annual Budget Report
5350 - Applicability of Corp. Code Sections 7233 and 7234 to Contracts
5375 - Managing Agent Disclosures
5375.5 – Manager / Management Company Conflict of Interest Disclosures
5376 – Manager / Management Firm Transfer Disclosures
5380 - Management of Association Funds
5385 - Exception to “Managing Agent” Definition.
5400 - Online Education Course for Board Members
5405 - Information Statement Required To Be Filed with Secretary of State; Penalty for Noncompliance
5500 - Quarterly Financial Review by Board
5501 – Financial Review by Board or Committee
5502 – Monetary Transfers
5510 - Withdrawal From Reserve Account
5515 - Transfer of Funds from Reserve Account
5520 - General Notice of Use of Reserve Funds for Litigation
5550 - Reserve Study Requirements
5551 – Elevated Elements Inspection
5560 - Reserve Funding Plan
5565 - Reserve Summary Required Elements
5570 - Assessment and Reserve Funding Disclosure Form
5580 - Community Service Organization Funding Report
5600 - Association Right to Levy Assessments
5605 - Limit on Annual Increases in Assessments
5610 - Emergency Assessment Increases
5615 – Individual Notice of Assessment Increase
5620 - Assessments Exempt from Judgment Creditors
5625 - Assessment Not Based on Taxable Value
5650 - Delinquent Assessments; Fees, Costs, and Interest Charged
5655 - Payments First Applied to Assessments Owed
5658 - Payment Under Protest; Small Claims Court Option
5660 - Notice of Intent to Lien
5665 - Payment Plans
5670 - Dispute Resolution Offer Prior to Recording Lien
5673 - Board Decision to Record Lien Required
5675 - Required Elements of Lien for Delinquent Assessment
5680 - Priority of Lien
5685 - Recording of Lien; Lien Release; Notice of Rescission
5690 - Failure to Follow Procedures
5700 - Enforcement of Lien by Sale
5705 - Offer to Participate in Alternative Dispute Resolution Prior to Recording Lien; Foreclosure Requirements
5710 - Trustee Sale; Notice of Default; Limit on Fees
5715 - Right of Redemption
5720 - Assessment Collection Through Foreclosure
5725 - Distinction Between Monetary Charge and Monetary Penalty re: Enforcement by Lien
5730 - Notice of Assessment Collection Rights
5735 - Assignment of Right to Collect Assessments
5740 - Applicability to Liens Created on or After January 1, 2003
5800 - Limited Liability of Volunteer Officer or Director; Scope of Duties
5805 - Civil Liability Protection
5806 – Fidelity Bond Coverage
5810 - Notice of Change in Insurance Coverage
5850 - Disclosure of Monetary Penalties
5855 - Requirements for Disciplinary Action by Board
5865 - Board Authority to Impose Monetary Penalties
5900 - Internal Dispute Resolution
5905 - Dispute Resolution Procedure Required
5910 - Minimum Requirements of Dispute Resolution Procedure
5910.1 – Pre-Litigation Requirement
5915 - Statutory Dispute Resolution Procedure
5920 - Inclusion in Annual Policy Statement
5925 - “Alternative Dispute Resolution” and “Enforcement Action”
5930 - Prerequisite to Filing an Enforcement Action
5935 - Service of Request for Resolution
5940 - Time Limit on Completion of Alternative Dispute Resolution; Sharing of Costs
5945 - Tolling of Time Limit on Commencement of Enforcement Action
5950 - Certificate of Compliance
5955 - Stay of Action During Alternative Dispute Resolution
5960 - Consideration of Refusal to Participate in Alternative Dispute Resolution
5965 - Annual Distribution of Summary of Alternative Dispute Resolute Provisions
5975 - Enforcement of Covenants and Restrictions in Declaration
5980 - Association’s Legal Standing
5985 - Comparative Fault
5986 – Litigation Against Developer
6000 - Filing a Claim for Construction Defects
6100 - Disclosure of Settlement of Construction Defect Claim
6150 - Notice of Pre-Litigation Member Meeting

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