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California Ch. 4000-6150
California Davis-Stirling Common Interest Development Act (Cal. Civ. Code, Division 4, Part 5, §§ 4000-6150)California's unified common interest development statute. Governs condominium projects, planned developments, stock cooperatives, and community apartment projects and their associations. Covers definitions and governing documents, assessments, the assessment lien and its nonjudicial or judicial foreclosure (subject to a $1,800 / 12-month threshold), records inspection, resale disclosure to prospective purchasers, secret-ballot elections, the open-meeting act, and member discipline and monetary penalties. Renumbered into the 4000-series effective January 1, 2014.Official source
§ 4000
§ 4005
§ 4010
§ 4020
§ 4035
§ 4040
§ 4041
§ 4045
§ 4050
§ 4055
§ 4065
§ 4070
§ 4075
§ 4076
§ 4078
§ 4080
§ 4085
§ 4090
§ 4095
§ 4100
Defines the developments the act governs: a community apartment project, a condominium project, a planned development, or a stock cooperative.
§ 4105
§ 4110
§ 4120
§ 4125
§ 4130
§ 4135
§ 4140
§ 4145
§ 4148
§ 4150
Defines the governing documents as the declaration and any other documents, such as bylaws, operating rules, articles of incorporation, or articles of association, that govern the operation of the development or association.
§ 4153
§ 4155
§ 4158
§ 4160
§ 4170
§ 4175
§ 4177
§ 4178
§ 4185
§ 4190
§ 4200
§ 4201
§ 4202
§ 4205
§ 4210
§ 4215
§ 4220
§ 4225
§ 4230
§ 4235
§ 4250
§ 4255
§ 4260
§ 4265
§ 4270
§ 4275
§ 4280
§ 4285
§ 4290
§ 4295
§ 4340
§ 4350
§ 4355
§ 4360
§ 4365
§ 4370
§ 4500
§ 4505
§ 4510
§ 4515
§ 4525
Requires the owner of a separate interest to provide a prospective purchaser, before transfer, with the governing documents, the most recent financial disclosures, a statement of current and unpaid assessments and fines, any unresolved violation notice, and other specified items.
§ 4528
§ 4530
§ 4535
§ 4540
§ 4545
§ 4575
§ 4580
§ 4600
§ 4605
§ 4610
§ 4615
§ 4620
§ 4625
§ 4630
§ 4635
§ 4640
§ 4645
§ 4650
§ 4700
§ 4705
§ 4706
§ 4710
§ 4715
§ 4720
§ 4725
§ 4730
§ 4735
§ 4736
§ 4739
§ 4740
§ 4741
§ 4745
§ 4745.1
§ 4746
§ 4747
§ 4750
§ 4751
§ 4752
§ 4753
§ 4760
§ 4765
§ 4766
§ 4775
§ 4777
§ 4780
§ 4785
§ 4790
§ 4800
§ 4805
§ 4820
§ 4900
Names Article 2 of Chapter 6 the Common Interest Development Open Meeting Act, which governs how the board meets and conducts business.
§ 4910
§ 4920
§ 4923
§ 4925
§ 4926
§ 4930
§ 4935
§ 4950
§ 4955
§ 5000
§ 5100
Requires that elections on assessments requiring a vote, election and removal of directors, governing-document amendments, and grants of exclusive use of common area be held by secret ballot, and that board elections occur at least once every four years. Applies to both incorporated and unincorporated associations.
§ 5103
§ 5105
§ 5110
§ 5115
§ 5120
§ 5125
§ 5130
§ 5135
§ 5145
§ 5200
Defines association records subject to member inspection, including financial documents, contracts, tax returns, reserve records, meeting agendas and minutes, membership lists, the governing documents, and election materials, and defines enhanced association records and election materials.
§ 5205
§ 5210
§ 5215
§ 5216
§ 5220
§ 5225
§ 5230
§ 5235
§ 5240
§ 5260
§ 5300
§ 5305
§ 5310
§ 5320
§ 5350
§ 5375
§ 5375.5
§ 5376
§ 5380
§ 5385
§ 5400
§ 5405
§ 5450
§ 5500
§ 5501
§ 5502
§ 5510
§ 5515
§ 5520
§ 5550
§ 5551
§ 5560
§ 5565
§ 5570
§ 5580
§ 5600
Requires the association to levy regular and special assessments sufficient to perform its obligations, and bars it from imposing or collecting an assessment or fee that exceeds the amount necessary to defray the costs for which it is levied.
§ 5605
Caps how much the board may raise regular and special assessments without member approval: a regular assessment may not increase more than 20 percent over the prior year, and special assessments may not exceed 5 percent of budgeted gross expenses in the aggregate, without a majority of a quorum. Adds special caps for deed-restricted affordable housing units in associations whose declaration is recorded on or after January 1, 2025.
§ 5610
§ 5615
§ 5620
§ 5625
§ 5650
Makes a regular or special assessment, plus late charges, collection costs, attorney's fees, and interest, the personal debt of the owner. Assessments are delinquent 15 days after due, and the association may recover collection costs, a capped late charge, and interest up to 12 percent per year.
§ 5655
§ 5658
§ 5660
Requires the association, at least 30 days before recording an assessment lien, to send the owner a certified-mail notice describing the collection and lien procedures, an itemized statement of charges, the right to inspect records, the right to request a board meeting, and the rights to dispute resolution.
§ 5665
§ 5670
§ 5673
§ 5675
Creates the assessment lien from the time the association records a notice of delinquent assessment, and requires that notice to state the trustee's name and address for the lien to be enforceable by nonjudicial foreclosure under Sections 5700 to 5710.
§ 5680
§ 5685
§ 5690
§ 5700
Allows the recorded assessment lien, after 30 days, to be enforced in any manner permitted by law, including sale by the court or by a trustee under a power of sale. Confirms the association may also sue the owner personally or take a deed in lieu of foreclosure.
§ 5705
Requires the association, before foreclosing, to offer the owner dispute resolution. The decision to foreclose must be made by a majority vote of the board in executive session, recorded in the minutes by parcel number, at least 30 days before any public sale, and notice given to the owner.
§ 5710
Sets the procedure for a trustee sale of the lien: it is conducted under the deed-of-trust power-of-sale statutes (Civ. Code §§ 2924, 2924b, 2924c), with a notice of default served on the owner, and caps trustee fees.
§ 5715
§ 5720
Bars the association from foreclosing (judicial or nonjudicial) on an assessment debt under $1,800, unless the debt is more than 12 months delinquent. Below the threshold the association may use small claims court or record a lien it cannot yet foreclose.
§ 5725
§ 5730
§ 5735
§ 5740
§ 5800
§ 5805
§ 5806
§ 5810
§ 5850
Requires the board, if it adopts a policy of monetary penalties for governing-document violations, to adopt and distribute a schedule of those penalties, which must be reasonable and generally may not exceed $100 per violation, with a health-or-safety exception requiring a written finding.
§ 5855
Requires the board, before disciplining a member or imposing a damage charge, to give at least 10 days' written notice of the meeting, its nature, and the member's right to attend and address the board, with an opportunity to cure, executive session if requested, and written notice of the decision within 14 days.
§ 5865
§ 5875
§ 5900
§ 5905
§ 5910
§ 5910.1
§ 5915
§ 5920
§ 5925
§ 5930
§ 5935
§ 5940
§ 5945
§ 5950
§ 5955
§ 5960
§ 5965
§ 5975
§ 5980
§ 5985
§ 5986
§ 6100
§ 6150
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