Homeowner Help

Posted By Mr. Sharp on June 16, 2010

 

The “Associations” column below is reprinted by permission of authors Stephen Glassman and Donie Vanitzian.

Copyright S. Glassman and D. Vanitzian

                                                                                 (from June 06, 2010 L.A. Times) 

               STEPHEN GLASSMAN and DONIE VANITZIAN

Question:  I asked one of our association board directors why owners choose to be on the board, given the stress and potential for liability. She told me that her director position provided her with a feeling of power. She said other directors became her friends and often they all got together to discuss complex association issues. They rehearsed and played out upcoming board meetings and knew how they were going to vote beforehand and what had to be tabled. Before each meeting, the property manager gave all the directors “talking points” and instructed the board president to read the statement as if it was preapproved by the board even if it wasn’t.

These actions do not sound legal. Am I right?

 Answer: California’s Common Interest Open Meeting Act, Civil Code section 1365.05, makes the actions you detailed illegal.

            Civil Code section 1365.05(j) describes a meeting as including “any congregation of a majority of the members of the board at the same time and place to hear, discuss or deliberate upon any item of business scheduled to be heard by the board, except those matters that may be discussed in executive session.” These get-togethers to discuss association issues are meetings within the meaning of the law and require notice to all titleholders and an opportunity for owners to be present. The law also requires that minutes of those so-called meetings be taken and made available to titleholders.

            Your board member may feel a sense of power, but she owes a duty to every association member to act in an ethical manner that is in the best interests of the titleholders, perform due diligence, follow the law and treat all owners as equals. The law does not authorize an association board to meet beforehand, discuss the issues, take a vote and then merely announce their result at an open meeting. Talking points should not take the place of discussing a subject during regularly convened board meetings. Civil Code section 1365.05(j) sets forth all the requirements for board actions, including deliberating on those actions and then voting on them at a duly noticed regular board meetings. These formalities exist to make certain that owners are aware of a board’s actions and understand why the board acts as it does.

            Before making decisions, boards are expected to conduct due diligence and seriously deliberate the related issues. Open meetings are supposed to keep owners advised on their common-interest development’s ongoing operation, including but not limited to financial status and needed repairs. Conveying a regular meeting after having met earlier to decide the vote makes a sham of the meeting process and violates the Open Meeting Act.

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Send questions to Box 11843, Marina del Rey, CA 90295 or e-mail noexit@mindspring.com

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Posted By Mr. Sharp on June 15, 2010

 

The “Associations” column below is reprinted by permission of authors Stephen Glassman and Donie Vanitzian.

Copyright S. Glassman and D. Vanitzian

                                                                                    (from May 30, 2010 L.A. Times)

                                 STEPHEN GLASSMAN and DONIE VANITZIAN

 Question:  I am a frustrated condo owner in a small association. Our board seems to be doing a responsible job of trying to maintain our complex by performing due diligence on repairs and getting majority approval of the funding. Yet because one person continually demands meetings and documents from the board, repairs have not proceeded, and our building continues to deteriorate.

            What can someone like me, who is part of the majority, legally do to demand that maintenance be performed? Please do not tell me to quit my job and devote myself full time to this project or hire an attorney.

 Answer: The law makes boards responsible for the management of common areas and to repair, replace and maintain that common property. But there is more to a board’s job than “performing due diligence on repairs” and “doing a responsible job of trying to maintain” a complex.

            In keeping with the care and caution expected of the board, it must ensure accountability for association funds and that repairs are neither frivolous nor benefit a single titleholder to the exclusion of the others.

            Part of the board’s fiduciary obligation is to make properly reasoned and transparent decisions and act on them, address owner concerns and follow the law. Blaming one individual for the board’s inability to take action is an argument with no legal basis.

            Owners who continually demand meetings and documents from the board are well within their rights. Boards, on the other hand, are also within their rights to take an action if a majority of the board votes in favor. When this involves repairing, replacing or maintaining the project, the action is not likely to be overturned by a court. But a court might order someone who is truly disruptive to cease and desist.

            A board can ask to “meet and confer” with the owner and can also schedule free mediation with the owner through the Los Angeles city attorney’s dispute resolution program. Call (213) 485-8324.

            The board should move forward with the repairs rather than risk incurring liability for the association in its failure to act. If the board is unable to function, a court could order a receiver to take over operation of the project, a much costlier alternative than any board action.

            ______________________________________________________

            Send questions to Box 11843, Marina del Rey, CA 90295 or e-mail     noexit@mindspring.com

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Posted By Mr. Sharp on June 11, 2010

The “Associations” column below is reprinted by permission of authors Stephen Glassman and Donie Vanitzian.

Copyright S. Glassman and D. Vanitzian

                                                                                        (from May 23, 2010 L.A. Times) 

               STEPHEN GLASSMAN and DONIE VANITZIAN

 Question:  The board of our homeowner’s association has barred an elected director from attending any of the board’s closed executive sessions. Do the other board directors have the legal right to exclude a director?

 Answer: A homeowner association board director is entitled to all the rights and privileges of the office, including attending all the meetings.        When one director disagrees with the others or sees things differently from the majority, that is not a reason, legal or otherwise, to shut out the director.

            There is no provision in the Davis-Stirling Act (CA Civil Code sections 1350 through 1378) or the California Corporations Code that allows for one group of directors to simply oust or shut out any other director or group of directors from any of the association’s business. Doing so is a violation of board member’s fiduciary duty to the titleholders and to one another.

            The Davis-Stirling Act and the Corporations Code do describe certain circumstances when a board director may be excluded, but unless those conditions are met it is illegal to exclude a duly elected director. The only statutory reason for excluding a director is if a court of competent jurisdiction has either found the director guilty of a felony or has declared the director to be of unsound mind.

            Some governing documents require a director to attend a specific number of board meetings and, if the director misses this specified number of board meetings, the director may be removed from the board.

            Generally, such conditions are enforceable. If sections in the governing documents conflict with the law, those sections should probably be declared invalid when challenged in court.

            A careful reading of the documents also is required to determine whether there are any other conditions imposed on serving as a director, whether those conditions are fair and reasonable, and whether they have been met or not.

            Before excluding a director and perhaps subjecting the association to liability as a consequence, boards should first determine whether a director has violated any conditions and, if so, check to see whether the governing documents provide a legal remedy, such as exclusion, for that alleged violation.

            As a last resort, the excluded director can take the matter to court. If the court finds the directors were acting outside their authority, it could order the individual directors themselves to pay the fees and costs. The court could also order the individual directors to pay fines for violating their fiduciary duties.

_____________________________

Send questions to Box 11843, Marina del Rey, CA 90295 or e-mail

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Posted By Mr. Sharp on April 19, 2010

The “Associations” column below is reprinted by permission of authors Stephen Glassman and Donie Vanitzian.

Copyright S. Glassman and D. Vanitzian”

(from April 11, 2010 L.A. Times)

STEPHEN GLASSMAN and DONIE VANITZIAN

Question: I am the new treasurer of our homeowner association board. I’ve discovered that during the last four years more than $100,000 has been removed from the association’s reserve account to pay for things other then reserve-related items. At the last meeting I informed the board about Civil Code Section1365.5 and made a motion to repay the $100,000 to the reserves from our operating account. None of the other board directors would second my motion.
I’ve also learned that some board directors have been building up operating account funds for capital improvements without having a special assessment. I think their actions are interfering with replacing the reserve account money.
Are the other directors’ actions a breach of their duties? How do I get the board to comply with the law and return $100,000 to the reserves?

Answer: Returning the $100,000 to the association’s reserve account may be a somewhat cumbersome process, but it is not impossible to accomplish.
A “fiduciary” is a person to whom property or power is entrusted for the benefit of another. In that sense, board directors are fiduciaries and their duties should not be taken lightly, as they are in positions of trust and manage all of the association’s finances.

Titleholders rely on the board’s integrity and entrust it with their property and money. When board directors use association funds for purposes other than those allowed by law, they all are parties to a breach of their fiduciary duty owed to the titleholders.

Directors who opt or vote for the use of reserve funds for purposes other than those for which the moneys were collected are breaking the law. However there appears to be no immediately ascertainable penalty for doing so, an oversight the Legislature has yet to rectify. That does not mean the law-breakers are off the hook. Directors whose personal accounts go against the best interests of titleholders may still be subject to prosecution.

One way to try to keep directors accountable is for titleholders to consistently demand production of pertinent association documents, attend every board meeting, and speak up during the open forum. If the board continues to evade its responsibilities, you can try to garner support from other owners by raising your association-related issues in a mailer to all titleholders.

If the board doesn’t produce documents a homeowner seeks, Small Claims Court can provide a remedy. The court must award the homeowner $500 in damages if it finds that the board’s refusal to provide the documents was unreasonable.

Missing funds could be deemed a theft. If you can prove cash is missing, you could consider filing a police report.

Keep trying to obtain a board decision to return the reserve funds in accordance with the law. Failing that internal mandate, a civil lawsuit may be the main avenue to pursue to get your association and the board to comply with the law. Keep track of the whereabouts of your board directors, as it may be necessary to subpoena them as witnesses. If a favorable judgment is obtained, you may be able to recover your attorney’s fees. The board’s failure to comply with that judgment could result in the individual board members’ being held in contempt.

______________________________

Send questions to Box 11843, Marina del Rey, CA 90295 or e-mail noexit@mindspring.com

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Posted By Mr. Sharp on January 26, 2010

CALIFORNIA HOMEOWNER ASSOCIATION OMBUDSMANA Bandaid Fix on a Bleeding Carotid? January 28, 2005 By Ann Roth (View author info) Copyright Ann Roth    In a recent AHRC editorial it was written that the Community Association Institute desires to Gut the California Law Revision Commission proposal for a homeowner association OMBUDSMAN office. The OMBUDSMAN proposal includes ENFORCEMENT of violations of homeowner associations (HOA) governing documents against homeowner association board of directors and informal hearings to assist in homeowner disputes. The HOA industry’s reaction against this proposal is understandable. The HOA industry of lawyers, litigators, property managers, realtors, contractors, builders, and other maintenance vendors, stand to lose collectively millions of dollars in revenue for their bottom line anytime a stranglehold is put on their ability to do as they please with regard to homeowner association corporations across the United States. However, are homeowners and homeowner advocates sitting on the same side of the fence as the HOA industry on this issue? IF SO, IT IS FOR VERY DIFFERENT REASONS. Homeowners worry that a HOMEOWNER ASSOCIATION OMBUDSMAN OFFICE will not be effective ENOUGH. That the concept of an HOA OMBUDSMAN in any State, may only be a bandaid fix for a bleeding carotid. Ask Nevada. Perhaps this is a start and that it is better than nothing – we hope. The OMBUDSMAN idea might take some wind out of the HOA litigation vortex, but homeowners should not get their hopes up. It might only delay the inevitable. While homeowners pour their hearts out to the OMBUDSMAN in an “informal” hearing, will the HOA’s lawyers be present? Will they be furiously recording every detail to find ways to use this information against the homeowner? Litigation may still happen and the HOA lawyers will have had time to stack your story against you. With regards to ENFORCEMENT – THAT is the issue that most likely concerns the HOA industry. And it should. This is where the homeowners MIGHT have a slightly better chance at getting the upper hand on their HOA dispute. HOA disputes often arise over the fact that HOA boards and property managers ignore or violate the laws. IF the OMBUDSMAN’S office finds a cadre of recalcitrant HOA board member’s guilty of violations and there are penalties imposed, it will help to lend credibility in the homeowner’s favor. However, if the HOA is allowed to somehow “appeal” the ruling and take it to the higher courts, which they likely will all the way to the Supreme Court, will the violation ruling of the OMBUDSMAN be allowed to be entered into evidence? With regard to the OMBUDSMAN’s powers – homeowners have plenty of excellent questions and are looking for answers from the California Law Revision Commission: * Will the OMBUDSMAN’s ruling of violation against an HOA board be final? * Can the OMBUDSMAN’s ruling be appealed or end up in litigation anyway? * Could violation’s cause the HOA’s liability insurance to increase or cancel? Like auto insurance – one too many violations and you lose your insurance? * If the HOA board doesn’t pay their “ticket” can a bench warrant be issued for their arrest? * Will the HOA board be required to pay the penalty out of their OWN pockets or will it come out of “Joe Homeowner’s” pockets? * Will homeowners be able to recover damages from violator board members individually? * Besides the public disclosure list on an OMBUDSMAN website – will the violations be required to be DISCLOSED directly to each prospective homebuyer? * Where will any hearings be held? States have hundreds of miles between their borders. * Will the hearing information be kept confidential? * Who will be handling the hearings? Lawyers? or CAI laywers? * Will the parties be represented by lawyers? * Will the “prevailing party” in a dispute settled by the OMBUDSMAN’s office be reimbursed for the costs they incurred? * Would lawyers fees be included? (This could be dangerous for homeowners) * If the matter can’t be settled by the OMBUDSMAN’s office, will the parties get reimbursed for costs they may have incurred? * How is this different than the mandatory mediation requirements under the current Civil Codes? * Will the mandatory mediation requirements under the Civil Code be void if you agree to a hearing by the OMBUDSMAN instead? With regards to the OMBUDSMAN FEE: * Is the OMBUDSMAN fee mandatory? * Will failure to pay the fee result in non-judicial foreclosure of one’s home? *Who will ENFORCE collection of the fee? * Will homeowners who bought their homes prior to enactment of the fee, still be required to pay it? * Will homeowner’s have an opportunity to VOTE on whether they want the HOA to be a “member” of the OMBUDSMAN’S OFFICE or to pay the fee? * Will the fees be paid through the HOA dues? * Will the fee be tax-deductible? * Will each and every homeowner who is required to pay the fee, receive an accounting of how those fees are being spent? * How will fee increases be handled and homeowners notified? * Is their a cap on how much the fees can go up? * Will any of the homeowner fees be used for “education” of OMBUDSMAN personnel and WHO or WHAT agency will provide the “educating”? * Will education or training of OMBUDSMEN personnel be done by the Community Association Institute or any of its related brethren? Many homeowners view CAI and its affiliates as anti-homeowner. It goes without saying that when it comes to anything homeowner association related – there are always more questions than answers. With every additional layer of control and bureacracy imposed upon “Joe Homeowner”, comes additional layers of liability. Only time will tell if the idea of a HOMEOWNER ASSOCIATION OMBUDSMAN can be successful.

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Posted By Mr. Sharp on January 17, 2010

The “Associations” column below is reprinted by permission of authors Stephen Glassman and Donie Vanitzian.                                                             Copyright S. Glassman and D.Vanitzian”.   

                                                                       (from January 10, 2010 L.A. Times)

  “Board has a duty to provide records”

                STEPHEN GLASSMAN and DONIE VANITZIAN

Question:  I sent my homeowners association board the following request: “According to Civil Code Section1365.2 board members (not the management company) are supposed to make available the association’s books and records upon the request of homeowners.Please provide the association books and records from 1/1/09 to the present. I understand there may be a nominal charge for the photocopies and this request make a few more days to assemble.”

 The board president explained that the majority of the documents will have to be requested from the management company because they work for the association and keep our records. He then wrote that he was forwarding my request to the association’s attorney because some things cannot be shared with me.

            The management company wrote me that they needed a “detailed list of exactly” what I want to inspect. They said there’s a charge for photocopies but if I come to the management office to inspect records there is an additional fee for supervision of $60 per hour that is charged to the association and $10 per hour that is charged to the owner requesting the records. Can they charge these fees? 

Answer:  Civil Code Section1365.2(b)(1) of the Davis-Stirling Act requires that the “association shall make available association records and enhanced association records for the time periods and within the timeframes provided” – not the board or the management company.

            The law also allows the association to charge a fee of $10 per hour up to a maximum of $200 for supervision while the records are reviewed. Any other supervisory charge is paid by the association.

            The homeowner also can be charged a reasonable fee for each document copied, usually no more than 10 cents a copy. That does not mean the association must charge those fees.

            There is no need for detailing a list of documents – simply refer to Civil Code Section1365.2. Inform the association that you want to review all the records identified under that section, and demand that they be produced within the time frames stated in the Davis-Stirling Act, generally 10 days.

            That is enough of a description to require the association to provide the records you request, especially if they involve the association’s attorney, who should understand the law or your demand.

            A denial of your request could be deemed unreasonable, paving the way for you to file a Small Claims Court action against the association to obtain those documents. That same Civil Code section allows the court to award you costs and $500 for each request unreasonably denied.

            In this case, involving the association’s attorney may only be a delaying tactic employed by the board and a waste of association’s funds. From the description, there are no privileged documents being requested. Therefore, referring your request to the association’s attorney appears frivolous and does not change the association’s statutory time for responding to your request.

            As a titleholder, inspecting your homeowners association’s records is your right and possibly one of the best avenues available for protecting your assets. Providing documents for review is the board’s duty and the association’s obligation.

________________________________

Send questions to Box 11843, Marina del Rey, CA 90295 or e-mail noexit@mindspring.com

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Posted By Mr. Sharp on January 16, 2010

 Note: The list below is courtesy of one of our readers

CALIFORNIA BUSINESS AND PROFESSIONS CODE
§ 11500. Definitions
§ 11501. “Common Interest Development Manager”
§ 11502. “Certified Common Interest Development Manager”
§ 11502.5. Competency Examinations
§ 11503. Exception
§ 11504. Disclosures
§ 11505. Unfair Business Practice
§ 11506. Expiration

CIVIL CODE
§ 43.99. Liability Of Independent Quality Review Provider
§ 51. Unruh Civil Rights Act
§ 51.1. Actions Requiring Copy Of Petition And Brief To Be Served On State Solicitor General
§ 51.2. Housing Discrimination Prohibited Based On Age
§ 51.3. Establishing And Preserving Accessible Housing For Senior Citizens
§ 51.4. Senior Housing Constructed Prior To 1982- Exemption From Design Requirments
§ 51.5. Discrimination By Business Establishment Prohibited
§ 51.6. Gender Tax Repeal Act of 1995
§ 51.7. Freedom From Violence; “Sexual Orientation” Defined
§ 51.8. Discrimination In Granting Of Franchises Prohibited
§ 51.9. Elements Required For Cause Of Action For Sexual Harrassment
§ 51.10. Riverside County-Housing Discrimination Prohibited Based Upon Age
§ 51.11. Riverside County-Establishing And Preserving Accessible Housing For Senior Citizens
§ 51.12. Riverside County-Continuing Occupancy Of Certain Exempt Housing
§ 52. Penalty For Discrimination
§ 52.1. Interference With Exercise of Civil Rights – Remedies
§ 53. Discriminatory Restrictions On Ownership Or Use Of Real Property Void
§ 712. Real Estate Sales; Prohibition Of Signs Void; Permissible Displays
§ 713. Display Of “For Sale ” Signs
§ 714. Voidability Of Covenants Restricting Solar Energy Systems; Application For Approval; Penalties
§ 714.1. Restrictions By CID’s On Installation Of Solar Energy Systems In Common Areas
§ 895. Requirements For Actions For Construction Defects; Definitions
§ 896. Standards For Original Construction
§ 897. Inclusion Of Items Not Addressed
§ 900. Warranty Covering Fit And Finish Items
§ 901. Enhanced Protection Agreement
§ 902. Applicability Of Civ. Code §§ 896 And 897 To Enhanced Protection Agreement
§ 903. Enhanced Protection Agreement – Builder Duties
§ 904. Enforcement Of Construction Standards
§ 905. Action To Enforce Construction Standards
§ 906. Builder’s Election
§ 907. Homeowner Maintenance Obligations
§ 910. Required Procedures Prior To Filing Action For Violation Of Construction Standards .
§ 911. “Builder” Defined
§ 912. Builder’s Duties
§ 913. Written Acknowledgement Of Receipt Of Notice
§ 914. Nonadversarial Procedure Established
§ 915. Actions Resulting In Nonapplication Of Chapter
§ 916. Builder’s Investigation Of Claimed Unmet Standards
§ 917. Offer To Repair
§ 918. Homeowner Acceptance Of Offer To Repair
§ 919. Offer To Mediate Dispute
§ 920. Actions Resulting In Filing Of Action By Homeowner
§ 921. Procedure When Resolution Involves Repair By Builder .
§ 922. Observation And Recording Of Repair Allowed
§ 923. Full Disclosure Of Repairs
§ 924. Written Explanation Of Unrepaired Items
§ 925. Failure To Timely Complete Repairs
§ 926. Release Or Waiver In Exchange For Repair Work Prohibited
§ 927. Statute Of Limitations
§ 928. Mediation Procedure
§ 929. Cash Offer In Lieu Of Repair
§ 930. Strict Construction Of Requirements; Failure To Conform
§ 931. Claim Combined With Other Causes of Action
§ 932. Subsequently Discovered Claims
§ 933. Evidence Of Repair Work
§ 934. Evidence Of Parties’ Conduct
§ 935. Similar Requirements Of Civil Code § 1375
§ 936. Liability Of Subcontractors
§ 937. Claims And Damages Not Covered By Title
§ 938. Application Of Title
§ 941. Time Limit For Bringing Action
§ 942. Claims Involving Residential Construction Standards
§ 943. Other Causes Of Action; Claims Involving Detached Single- Family Homes
§ 944. Damages
§ 945. Original Purchasers And Successors-In-Interest .
§ 945.5. Affirmative Defenses
§ 1134. Required Disclosure Before Sale Of Newly Converted Condominium
§ 1350. Short Title
§ 1350.5. Headings
§ 1350.7. Delivery
§ 1351. Definitions
§ 1352. Requirements For Creation Of Common Interest Development
§ 1352.5. Covenants in Violation Of Gov’t Code § 12955; Action For Injunctive Relief
§ 1353. Contents Of Declaration
§ 1353.5. Right To Display The American Flag
§ 1353.6. Displaying Of Noncommercial Signs Or Flags

§ 1353.7. Fire Retardant Roof Covering Materials
§ 1353.8. Use Of Low Water-Using Plants
§ 1354. Covenants And Restrictions In Declaration Enforcement
§ 1355. Amendment Of Declaration
§ 1355.5. Amendment To Delete Developer Provisions
§ 1356. Petition To Court To Reduce Percentage Of Affirmative Votes To Amend Declaration; Mailing
§ 1357. Extending Term Of Declaration
§ 1357.100. “Operating Rule” And “Rule Change” Defined
§ 1357.110. Validity
§ 1357.120. Application
§ 1357.130. Notice Of Rule Change
§ 1357.140. Special Meeting Of Members To Reverse A Rule Change
§ 1357.150. Effective Date
§ 1358. Transfers Of Exclusive Use Areas; Restrictions Upon Severability Of Component Interests
§ 1359. Restrictions On Partition Of Common Areas
§ 1360. Modification Of Unit By Owner; Facilitation Of Access For Handicapped; Association Approval
§ 1360.5. Pet Provision
§ 1361. Rights Or Easements In Common Area
§ 1361.5. Denial Of Access To Owner’s Separate Interest
§ 1362. Ownership Of Common Areas
§ 1363. General Powers And Duties Of Association; Meetings; Access To Records; Disciplinary Action
§ 1363.001. On-line Education Course

§ 1363.005. Distribution of Disclosure Documents Index
§ 1363.03. Adoption Of Rules Regarding Election Procedures; Appointment Of Election Inspectors
§ 1363.04. Use Of Association Funds For Campaign Purposes Prohibited
§ 1363.05. Member Attendance At Board Meetings; Executive Sessions; Emergency Meetings
§ 1363.07. Membership Approval Required For Grant Of Exclusive Use Common Area; Exceptions
§ 1363.09. One Year Statute of Limitations; Penalties; Small Claims Court Option
§ 1363.1. Prospecitve Managing Agent Disclosure
§ 1363.2. Managing Agent Duties; Disposition Of Association Funds
§ 1363.5. Articles Of Incorporation Disclosure Statement
§ 1363.6. Association Information Statement Submitted To Secretary Of State; Penalty For Non-Compliance
§ 1363.810. Application Of Article
§ 1363.820. Dispute Resolution Procedure Required
§ 1363.830. Dispute Resolution Procedure Minimum Requirements
§ 1363.840. Statutory Dispute Resolution Procedure
§ 1363.850. Notice Of Dispute Resolution Procedure
§ 1364. Responsibility For Maintenance Of Common Area; Damage By Wood-Destroying Pests Or Organisms
§ 1365. Financial Documents
§ 1365.1. Distribution Of Written Notice of Assessments, Foreclosure, And Payment Plans .
§ 1365.2. Right To Inspect And Copy Association Records; Restrictions On Use; Cost Of Production
§ 1365.2. 5. Assessment And Reserve Funding Disclosure Summary
§ 1365.3. Association Report Required To Meet Standards Of Corp. Code § 5012
§ 1365.5. Board Of Directors; Duties; Reserve Accounts
§ 1365.6. Application Of Corp. Code § 310
§ 1365.7. Liability Of Volunteer Officer Or Director; Criteria; Limitations
§ 1365.9. Liability For Common Areas; Action Against Association; Insurance Requirements
§ 1366. Regular And Special Assessments; Limitation On Increases; Delinquent Assessments; Interest
§ 1366.1. Excessive Assessments Or Fees
§ 1366.2. Collection Of Assessments; Recording Of Identifying Statement

§ 1366.4.  Assessments Based on Taxable Value
§ 1367. Lien For Delinquent Assessments
§ 1367.1. Lien For Delinquent Assessments Recorded After January 1, 2003
§ 1367.4. Limitations On Collection Of Delinquent Assessments Through Foreclosure; Right Of Redemption
§ 1367.5. Lien Filed In Error; Reversal Of Costs And Fees

§ 1367.6. Payment Of Assessments Under Protest; Small Claims Option
§ 1368. Documents Provided To Prospective Purchaser
§ 1368.1. Arbitrary Or Unreasonable Restriction On Owner’s Ability To Market Unit Void
§ 1368.3. Association Standing As Real Party In Interest
§ 1368.4. Damages Allocated By Comparative Fault
§ 1368.5. Civil Action By Association; Notice Prior To Filing
§ 1369. Liens For Labor And Materials
§ 1369.510. “Alternative Dispute Resolution” And “Enforcement Action” Defined
§ 1369.520. ADR Required Prior To Filing An Enforcement Action
§ 1369.530. Service Of Request For Resolution
§ 1369.540. Completion Of Resolution Process Within 90 Days
§ 1369.550. Tolling of Time Limitation For Commencing An Enforcement Action
§ 1369.560. Filing Certification Of Compliance
§ 1369.570. Stipulated Agreement To Pursue Alternative Dispute Resolution
§ 1369.580. Court Discretion In Awarding Fees And Costs Based Upon Participation In ADR
§ 1369.590. Annual Association Distribution Of Alternative Dispute Resolution Procedures Required
§ 1370. Liberal Construction Of Governing Documents
§ 1371. Boundaries Of Unit
§ 1372. Construction Of Local Zoning Ordinances
§ 1373. Developments Expressly Zoned As Industrial Or Commercial And Limited To Such Purposes
§ 1374. Inapplicability Of Law To Developments Without Common Area
§ 1375. Construction Defect Litigation; Prefiling; Dispute Rsolution Process
§ 1375.05. Construction Defect Litigation; Filing Of Complaint; Expert Witness Deposition
§ 1375.1. Disclosure To Association Members Of Settlement Agreement Regarding Defects
§ 1376. Installation Of Video And Television Antenna
§ 1378. Required Architectural Review Procedures; Exemptions

CODE OF CIVIL PROCEDURE
§ 336. Five Year Statute Of Limitation On Violation Of Restriction On Use Of Real Property
§ 337. Four Year Statute Of Limitation – Written Contract And Accounts
§ 337.1. Four Year Statute Of Limitation – Injury Or Death From Deficient Planning Or Construction
§ 337.15. Ten Year Statute of Limitation On Actions To Recover Damages From Latent Defects
§ 338. Three Year Statute of Limitation – Statutory Suit, Trespass Or Injury To Real Property
§ 339. Two Year Statute of Limitation – Oral Contracts, Abstract Or Guaranty Of Title
§ 339.5. Lease Not In Writing; Period For Action After Breach
§ 415.10. Personal Delivery Of Summons
§ 415.20. Service Of Summons In Lieu Of Personal Delivery
§ 415.21. Access To Gated Community For Service Of Process
§ 425.15. Claim Against Volunteer Director Or Officer Of Nonprofit Corporation
§ 425.16. Motion To Strike Pursuant To Free Speech Clause Under California And U.S. Constitutions

CORPORATIONS CODE
§ 20. “Electronic Transmission” Defined
§ 21. Construction – Electronic Transmission
§ 310. Transactions Between Corporations And Directors Or Corporations Having Interrelated Directors
§ 5009. Mailings
§ 5012. “Financial Statements” Defined
§ 5016. Notices Or Reports Mailed Or Delivered As Part Of Newsletter Or Magazine
§ 5032. Approval By The Board
§ 5033. Approval By Majority Of Members
§ 5034. Approval Of Members
§ 5069. Proxy
§ 7110. Title Of Part
§ 7111. Lawful Purposes Of Nonprofit Mutual Benefit Corporations
§ 7120. Corporation Formed By Execution And Filing Of Articles; Signatures Required
§ 7121. Change Of Unincorporated Association To Corporation
§ 7122. Prohibited Names; Reservation Of Names
§ 7130. Required Provisions
§ 7131. Statement Limiting Purposes Or Powers
§ 7132. Optional Provisions
§ 7133. Articles As Proof Of Corporate Existence
§ 7134. Powers of Incorporators When Directors Not Named
§ 7135. Sections 7130 And 7131 As Not Limiting Court Power Over Corporation
§ 7140. Powers Of Corporation
§ 7141. Ultra Vires Acts; Corporation Bound By Authorized Or Ratified Contract
§ 7142. Action For Breach Of Charitable Trust; Who May Bring; Remedies
§ 7150. Adoption, Amendment Or Repeal
§ 7151. Required And Optional Provisions; Number Of Directors
§ 7152. Provisions For Delegates
§ 7160. Location And Inspection Of Articles And Bylaws
§ 7210. Corporate Powers Exercised By Board; Delegation
§ 7211. Board Meetings; Notice; Quorum; Consent To Act Without Meeting
§ 7212. Executive Committees; Creation; Authority To Act
§ 7213. Corporate Officers Required; Selection; Resignation
§ 7214. Validity Of Instrument Signed By Officers
§ 7215. Proof Of Corporate Bylaws; Resolutions
§ 7220. Term Of Office; Manner Of Selection
§ 7221. Removal Of Director For Cause
§ 7222. Removal Of Director Without Cause
§ 7223. Removal Of Director By Director’s Or Members’ Suit; Role Of Attorney General
§ 7224. Filling Vacancies; Resignation
§ 7225. Provisional Director
§ 7230. Application Of Article To All Directors
§ 7231. Duties And Liabilities Of Directors
§ 7231.5. Liability Of Volunteer Director Or Officer Failure To Discharge Duties
§ 7232. Applicability Of § 7231 To Selection Of Directors
§ 7233. Transactions Involving Director
§ 7234. Quorum For Purposes Of § 7233
§ 7235. Corporate Loans, Guaranties, And Advances
§ 7236. Directors’ Liability For Distributions, Loans And Guaranties
§ 7237. Indemnification Of Corporate “Agent”
§ 7238. Law Governing Assets In Charitable Trust
§ 7312. Multiple And Fractional Memberships
§ 7341. Expulsion, Suspension, Or Termination; Fairness And Reasonableness; Procedure
§ 7510. Place, Date, And Time; Failure To Hold Meetings; Quorum; Special Meetings
§ 7511. Notice To Members; Waiver
§ 7512. Quorum
§ 7513. Acts Without Meeting; Written Ballot
§ 7514. Voting By Proxy Or Written Ballot
§ 7515. Court Order For Meeting Or A Written Ballot
§ 7516. Written Consent Of Members
§ 7517. Acceptance Or Rejection Of Ballot, Consent, Waiver, Or Proxy Appointment
§ 7520. Election Of Directors By Members; Procedure
§ 7521. Nomination
§ 7522. Close Of Nominations; When Elections Not Required
§ 7523. Publication Of Material Soliciting Votes; Nominees Rights
§ 7524. Request To Corporation To Mail Election Material
§ 7525. Refusal To Publish Or Mail Material; Liability For Contents
§ 7526. Use Of Corporate Funds To Support Nominee
§ 7527. Time To Contest Election, Appointment, Or Removal Of Director; Defect In Notice
§ 7610. One Vote Per Member; Exceptions
§ 7611. Record Date; Determining Voting Eligibility
§ 7612. Memberships In Two Or More Names
§ 7613. Proxies
§ 7614. Inspectors Of Election
§ 7615. Cumulative Voting; Determining Winner; When Ballots Are Required
§ 7616. Action To Determine Validity Of Election Or Appointment Of Director; Notice To Attorney General
§ 7810. Permissible Amendments To The Articles Of Incorporation
§ 7811. Amendment By Incorporators
§ 7812. Approval Of Board And Members Required; Exceptions
§ 7813. Amendments Affecting Rights Of Class
§ 7813.5. Amendments To Change Status
§ 7814. Filing The Certificate Of Amendment
§ 7815. Filing Of Amendment By Incorporators
§ 7816. Contents Of Certificate Of Amendment
§ 7817. Effect Of Filing Certificate Of Amendment
§ 7818. Extension Of Term Of Corporate Existence By Amendment
§ 7819. Restated Articles Of Incorporation
§ 7820. Effect Of Limitations Of Charitable Trust
§ 8210. Articles Of Incorporation; Biennial Updating
§ 8310. Records Subject To Inspection To Be Written
§ 8311. Inspection By Agent Or Attorneys; Right To Copy
§ 8313. No Limitation On Inspection Rights
§ 8320. Records Required To Be Kept; Form Of Records
§ 8321. Notice Of Annual Report
§ 8322. Annual Statements Of Transactions With Interested Persons And Of Indemnification
§ 8325. Demand For Election Results
§ 8330. Demand For Member’s Names, Addresses, And Voting Rights By Member
§ 8331. Petition By Corporation To Set Aside Demand; Time; Procedure; Grounds
§ 8332. Power Of Court To Limit Rights Under Section 8330; Temporary Order Suspending Time Limit
§ 8333. Inspection Of Accounting Books, Records, Minutes By Member
§ 8334. Director’s Right Of Inspection
§ 8335. Postponement Of Meeting Where Records Not Obtained
§ 8336. Power Of Superior Court To Enforce Inspection Rights Or Appoint Inspectors Or Accountants
§ 8337. Award Of Costs, Expenses, Attorneys’ Fees
§ 8338. Prohibited Uses Of Membership Lists; Damages For Misuse

GOVERNMENT CODE

§ 434.5. Restrictions On Right To Display U.S. Flag Void
§ 12955. Discrimination In Housing Prohibited
§ 12955.1. “Discrimination” Defined
§ 12955.1.1. “Covered Multifamily Dwellings” And “Multistory Dwelling Unit” Defined
§ 12955.2. “Familial Status” Defined
§ 12955.3. “Disability” Defined
§ 12955.4. Religious Preference Allowed
§ 12955.5. Data Collection By Government Allowed

§ 12955.6. Fair Housing Amendments Acts Of 1988 Is Minimum Standard
§ 12955.7. Retaliation For Compliance Prohibited
§ 12955.8. Elements Of Violation Of Article
§ 12955.9. Qualifying Senior Housing Allowed To Discriminate Based On Familial Status
§ 12956. Relevant Records Maintained During Legal Action
§ 12956.1. Amending Documents To Remove Discriminatory Language
§ 12956.2. Recording A Restrictive Covenant Modification
§ 66469. Amendment Of Parcel Map
§ 66470. Parcel Map Amendment Requirements And Recording Of Certificate Of Correction
§ 66471. Time Limitations On Approval And Recording
§ 66472.1. Modification Of Parcel Map By Local Agency; Public Hearing

HEALTH & SAFETY CODE
§ 1597.40. Restrictions Against Group Homes Void; Increased Security Deposit Allowed
§ 1597.531. Liability Insurance Or Signed Affidavits Required; Naming Association As Additional Insured
§ 13132.7. Mandatory Fire Retardant Roof Covering Materials In Designated Fire Hazard Zones

REVENUE & TAXATION CODE
§ 2188.3. Condominiums
§ 2188.5. Planned Developments; Assessment; Application Of Amendment To Subd.(b)
§ 2188.6. Separate Unit Assessment And Tax Bill; Lien On Unit Only
§ 23701. Exemption Of Specified Organizations § 23701t. Homeowners’ Association Conditions; Definitions

INTERNAL REVENUE CODE
I.R.C. § 528. Certain Homeowner Associations

VEHICLE CODE
§ 22658. Removal From Private Property
§ 22658.1. Damaging Of Fence While Removing Vehicle; Location And Notification Of Property Owner
§ 22853. Notice To Department Of Justice And Proprietor Of Storage Garage; Reports; Notice To Owner

 

CALIFORNIA CODES and RELATED

 

Note: The list below is courtesy of one of our readers 

CALIFORNIA BUSINESS AND PROFESSIONS CODE
§ 11500. Definitions
§ 11501. “Common Interest Development Manager”
§ 11502. “Certified Common Interest Development Manager”
§ 11502.5. Competency Examinations
§ 11503. Exception
§ 11504. Disclosures
§ 11505. Unfair Business Practice
§ 11506. Expiration

CIVIL CODE
§ 43.99. Liability Of Independent Quality Review Provider
§ 51. Unruh Civil Rights Act
§ 51.1. Actions Requiring Copy Of Petition And Brief To Be Served On State Solicitor General
§ 51.2. Housing Discrimination Prohibited Based On Age
§ 51.3. Establishing And Preserving Accessible Housing For Senior Citizens
§ 51.4. Senior Housing Constructed Prior To 1982- Exemption From Design Requirments
§ 51.5. Discrimination By Business Establishment Prohibited
§ 51.6. Gender Tax Repeal Act of 1995
§ 51.7. Freedom From Violence; “Sexual Orientation” Defined
§ 51.8. Discrimination In Granting Of Franchises Prohibited
§ 51.9. Elements Required For Cause Of Action For Sexual Harrassment
§ 51.10. Riverside County-Housing Discrimination Prohibited Based Upon Age
§ 51.11. Riverside County-Establishing And Preserving Accessible Housing For Senior Citizens
§ 51.12. Riverside County-Continuing Occupancy Of Certain Exempt Housing
§ 52. Penalty For Discrimination
§ 52.1. Interference With Exercise of Civil Rights – Remedies
§ 53. Discriminatory Restrictions On Ownership Or Use Of Real Property Void
§ 712. Real Estate Sales; Prohibition Of Signs Void; Permissible Displays
§ 713. Display Of “For Sale ” Signs
§ 714. Voidability Of Covenants Restricting Solar Energy Systems; Application For Approval; Penalties
§ 714.1. Restrictions By CID’s On Installation Of Solar Energy Systems In Common Areas
§ 895. Requirements For Actions For Construction Defects; Definitions
§ 896. Standards For Original Construction
§ 897. Inclusion Of Items Not Addressed
§ 900. Warranty Covering Fit And Finish Items
§ 901. Enhanced Protection Agreement
§ 902. Applicability Of Civ. Code §§ 896 And 897 To Enhanced Protection Agreement
§ 903. Enhanced Protection Agreement – Builder Duties
§ 904. Enforcement Of Construction Standards
§ 905. Action To Enforce Construction Standards
§ 906. Builder’s Election
§ 907. Homeowner Maintenance Obligations
§ 910. Required Procedures Prior To Filing Action For Violation Of Construction Standards .
§ 911. “Builder” Defined
§ 912. Builder’s Duties
§ 913. Written Acknowledgement Of Receipt Of Notice
§ 914. Nonadversarial Procedure Established
§ 915. Actions Resulting In Nonapplication Of Chapter
§ 916. Builder’s Investigation Of Claimed Unmet Standards
§ 917. Offer To Repair
§ 918. Homeowner Acceptance Of Offer To Repair
§ 919. Offer To Mediate Dispute
§ 920. Actions Resulting In Filing Of Action By Homeowner
§ 921. Procedure When Resolution Involves Repair By Builder .
§ 922. Observation And Recording Of Repair Allowed
§ 923. Full Disclosure Of Repairs
§ 924. Written Explanation Of Unrepaired Items
§ 925. Failure To Timely Complete Repairs
§ 926. Release Or Waiver In Exchange For Repair Work Prohibited
§ 927. Statute Of Limitations
§ 928. Mediation Procedure
§ 929. Cash Offer In Lieu Of Repair
§ 930. Strict Construction Of Requirements; Failure To Conform
§ 931. Claim Combined With Other Causes of Action
§ 932. Subsequently Discovered Claims
§ 933. Evidence Of Repair Work
§ 934. Evidence Of Parties’ Conduct
§ 935. Similar Requirements Of Civil Code § 1375
§ 936. Liability Of Subcontractors
§ 937. Claims And Damages Not Covered By Title
§ 938. Application Of Title
§ 941. Time Limit For Bringing Action
§ 942. Claims Involving Residential Construction Standards
§ 943. Other Causes Of Action; Claims Involving Detached Single- Family Homes
§ 944. Damages
§ 945. Original Purchasers And Successors-In-Interest .
§ 945.5. Affirmative Defenses
§ 1134. Required Disclosure Before Sale Of Newly Converted Condominium
§ 1350. Short Title
§ 1350.5. Headings
§ 1350.7. Delivery
§ 1351. Definitions
§ 1352. Requirements For Creation Of Common Interest Development
§ 1352.5. Covenants in Violation Of Gov’t Code § 12955; Action For Injunctive Relief
§ 1353. Contents Of Declaration
§ 1353.5. Right To Display The American Flag
§ 1353.6. Displaying Of Noncommercial Signs Or Flags

§ 1353.7. Fire Retardant Roof Covering Materials
§ 1353.8. Use Of Low Water-Using Plants
§ 1354. Covenants And Restrictions In Declaration Enforcement
§ 1355. Amendment Of Declaration
§ 1355.5. Amendment To Delete Developer Provisions
§ 1356. Petition To Court To Reduce Percentage Of Affirmative Votes To Amend Declaration; Mailing
§ 1357. Extending Term Of Declaration
§ 1357.100. “Operating Rule” And “Rule Change” Defined
§ 1357.110. Validity
§ 1357.120. Application
§ 1357.130. Notice Of Rule Change
§ 1357.140. Special Meeting Of Members To Reverse A Rule Change
§ 1357.150. Effective Date
§ 1358. Transfers Of Exclusive Use Areas; Restrictions Upon Severability Of Component Interests
§ 1359. Restrictions On Partition Of Common Areas
§ 1360. Modification Of Unit By Owner; Facilitation Of Access For Handicapped; Association Approval
§ 1360.5. Pet Provision
§ 1361. Rights Or Easements In Common Area
§ 1361.5. Denial Of Access To Owner’s Separate Interest
§ 1362. Ownership Of Common Areas
§ 1363. General Powers And Duties Of Association; Meetings; Access To Records; Disciplinary Action
§ 1363.001. On-line Education Course

§ 1363.005. Distribution of Disclosure Documents Index
§ 1363.03. Adoption Of Rules Regarding Election Procedures; Appointment Of Election Inspectors
§ 1363.04. Use Of Association Funds For Campaign Purposes Prohibited
§ 1363.05. Member Attendance At Board Meetings; Executive Sessions; Emergency Meetings
§ 1363.07. Membership Approval Required For Grant Of Exclusive Use Common Area; Exceptions
§ 1363.09. One Year Statute of Limitations; Penalties; Small Claims Court Option
§ 1363.1. Prospecitve Managing Agent Disclosure
§ 1363.2. Managing Agent Duties; Disposition Of Association Funds
§ 1363.5. Articles Of Incorporation Disclosure Statement
§ 1363.6. Association Information Statement Submitted To Secretary Of State; Penalty For Non-Compliance
§ 1363.810. Application Of Article
§ 1363.820. Dispute Resolution Procedure Required
§ 1363.830. Dispute Resolution Procedure Minimum Requirements
§ 1363.840. Statutory Dispute Resolution Procedure
§ 1363.850. Notice Of Dispute Resolution Procedure
§ 1364. Responsibility For Maintenance Of Common Area; Damage By Wood-Destroying Pests Or Organisms
§ 1365. Financial Documents
§ 1365.1. Distribution Of Written Notice of Assessments, Foreclosure, And Payment Plans .
§ 1365.2. Right To Inspect And Copy Association Records; Restrictions On Use; Cost Of Production
§ 1365.2. 5. Assessment And Reserve Funding Disclosure Summary
§ 1365.3. Association Report Required To Meet Standards Of Corp. Code § 5012
§ 1365.5. Board Of Directors; Duties; Reserve Accounts
§ 1365.6. Application Of Corp. Code § 310
§ 1365.7. Liability Of Volunteer Officer Or Director; Criteria; Limitations
§ 1365.9. Liability For Common Areas; Action Against Association; Insurance Requirements
§ 1366. Regular And Special Assessments; Limitation On Increases; Delinquent Assessments; Interest
§ 1366.1. Excessive Assessments Or Fees
§ 1366.2. Collection Of Assessments; Recording Of Identifying Statement

§ 1366.4.  Assessments Based on Taxable Value
§ 1367. Lien For Delinquent Assessments
§ 1367.1. Lien For Delinquent Assessments Recorded After January 1, 2003
§ 1367.4. Limitations On Collection Of Delinquent Assessments Through Foreclosure; Right Of Redemption
§ 1367.5. Lien Filed In Error; Reversal Of Costs And Fees

§ 1367.6. Payment Of Assessments Under Protest; Small Claims Option
§ 1368. Documents Provided To Prospective Purchaser
§ 1368.1. Arbitrary Or Unreasonable Restriction On Owner’s Ability To Market Unit Void
§ 1368.3. Association Standing As Real Party In Interest
§ 1368.4. Damages Allocated By Comparative Fault
§ 1368.5. Civil Action By Association; Notice Prior To Filing
§ 1369. Liens For Labor And Materials
§ 1369.510. “Alternative Dispute Resolution” And “Enforcement Action” Defined
§ 1369.520. ADR Required Prior To Filing An Enforcement Action
§ 1369.530. Service Of Request For Resolution
§ 1369.540. Completion Of Resolution Process Within 90 Days
§ 1369.550. Tolling of Time Limitation For Commencing An Enforcement Action
§ 1369.560. Filing Certification Of Compliance
§ 1369.570. Stipulated Agreement To Pursue Alternative Dispute Resolution
§ 1369.580. Court Discretion In Awarding Fees And Costs Based Upon Participation In ADR
§ 1369.590. Annual Association Distribution Of Alternative Dispute Resolution Procedures Required
§ 1370. Liberal Construction Of Governing Documents
§ 1371. Boundaries Of Unit
§ 1372. Construction Of Local Zoning Ordinances
§ 1373. Developments Expressly Zoned As Industrial Or Commercial And Limited To Such Purposes
§ 1374. Inapplicability Of Law To Developments Without Common Area
§ 1375. Construction Defect Litigation; Prefiling; Dispute Rsolution Process
§ 1375.05. Construction Defect Litigation; Filing Of Complaint; Expert Witness Deposition
§ 1375.1. Disclosure To Association Members Of Settlement Agreement Regarding Defects
§ 1376. Installation Of Video And Television Antenna
§ 1378. Required Architectural Review Procedures; Exemptions
CODE OF CIVIL PROCEDURE
§ 336. Five Year Statute Of Limitation On Violation Of Restriction On Use Of Real Property
§ 337. Four Year Statute Of Limitation – Written Contract And Accounts
§ 337.1. Four Year Statute Of Limitation – Injury Or Death From Deficient Planning Or Construction
§ 337.15. Ten Year Statute of Limitation On Actions To Recover Damages From Latent Defects
§ 338. Three Year Statute of Limitation – Statutory Suit, Trespass Or Injury To Real Property
§ 339. Two Year Statute of Limitation – Oral Contracts, Abstract Or Guaranty Of Title
§ 339.5. Lease Not In Writing; Period For Action After Breach
§ 415.10. Personal Delivery Of Summons
§ 415.20. Service Of Summons In Lieu Of Personal Delivery
§ 415.21. Access To Gated Community For Service Of Process
§ 425.15. Claim Against Volunteer Director Or Officer Of Nonprofit Corporation
§ 425.16. Motion To Strike Pursuant To Free Speech Clause Under California And U.S. Constitutions

CORPORATIONS CODE
§ 20. “Electronic Transmission” Defined
§ 21. Construction – Electronic Transmission
§ 310. Transactions Between Corporations And Directors Or Corporations Having Interrelated Directors
§ 5009. Mailings
§ 5012. “Financial Statements” Defined
§ 5016. Notices Or Reports Mailed Or Delivered As Part Of Newsletter Or Magazine
§ 5032. Approval By The Board
§ 5033. Approval By Majority Of Members
§ 5034. Approval Of Members
§ 5069. Proxy
§ 7110. Title Of Part
§ 7111. Lawful Purposes Of Nonprofit Mutual Benefit Corporations
§ 7120. Corporation Formed By Execution And Filing Of Articles; Signatures Required
§ 7121. Change Of Unincorporated Association To Corporation
§ 7122. Prohibited Names; Reservation Of Names
§ 7130. Required Provisions
§ 7131. Statement Limiting Purposes Or Powers
§ 7132. Optional Provisions
§ 7133. Articles As Proof Of Corporate Existence
§ 7134. Powers of Incorporators When Directors Not Named
§ 7135. Sections 7130 And 7131 As Not Limiting Court Power Over Corporation
§ 7140. Powers Of Corporation
§ 7141. Ultra Vires Acts; Corporation Bound By Authorized Or Ratified Contract
§ 7142. Action For Breach Of Charitable Trust; Who May Bring; Remedies
§ 7150. Adoption, Amendment Or Repeal
§ 7151. Required And Optional Provisions; Number Of Directors
§ 7152. Provisions For Delegates
§ 7160. Location And Inspection Of Articles And Bylaws
§ 7210. Corporate Powers Exercised By Board; Delegation
§ 7211. Board Meetings; Notice; Quorum; Consent To Act Without Meeting
§ 7212. Executive Committees; Creation; Authority To Act
§ 7213. Corporate Officers Required; Selection; Resignation
§ 7214. Validity Of Instrument Signed By Officers
§ 7215. Proof Of Corporate Bylaws; Resolutions
§ 7220. Term Of Office; Manner Of Selection
§ 7221. Removal Of Director For Cause
§ 7222. Removal Of Director Without Cause
§ 7223. Removal Of Director By Director’s Or Members’ Suit; Role Of Attorney General
§ 7224. Filling Vacancies; Resignation
§ 7225. Provisional Director
§ 7230. Application Of Article To All Directors
§ 7231. Duties And Liabilities Of Directors
§ 7231.5. Liability Of Volunteer Director Or Officer Failure To Discharge Duties
§ 7232. Applicability Of § 7231 To Selection Of Directors
§ 7233. Transactions Involving Director
§ 7234. Quorum For Purposes Of § 7233
§ 7235. Corporate Loans, Guaranties, And Advances
§ 7236. Directors’ Liability For Distributions, Loans And Guaranties
§ 7237. Indemnification Of Corporate “Agent”
§ 7238. Law Governing Assets In Charitable Trust
§ 7312. Multiple And Fractional Memberships
§ 7341. Expulsion, Suspension, Or Termination; Fairness And Reasonableness; Procedure
§ 7510. Place, Date, And Time; Failure To Hold Meetings; Quorum; Special Meetings
§ 7511. Notice To Members; Waiver
§ 7512. Quorum
§ 7513. Acts Without Meeting; Written Ballot
§ 7514. Voting By Proxy Or Written Ballot
§ 7515. Court Order For Meeting Or A Written Ballot
§ 7516. Written Consent Of Members
§ 7517. Acceptance Or Rejection Of Ballot, Consent, Waiver, Or Proxy Appointment
§ 7520. Election Of Directors By Members; Procedure
§ 7521. Nomination
§ 7522. Close Of Nominations; When Elections Not Required
§ 7523. Publication Of Material Soliciting Votes; Nominees Rights
§ 7524. Request To Corporation To Mail Election Material
§ 7525. Refusal To Publish Or Mail Material; Liability For Contents
§ 7526. Use Of Corporate Funds To Support Nominee
§ 7527. Time To Contest Election, Appointment, Or Removal Of Director; Defect In Notice
§ 7610. One Vote Per Member; Exceptions
§ 7611. Record Date; Determining Voting Eligibility
§ 7612. Memberships In Two Or More Names
§ 7613. Proxies
§ 7614. Inspectors Of Election
§ 7615. Cumulative Voting; Determining Winner; When Ballots Are Required
§ 7616. Action To Determine Validity Of Election Or Appointment Of Director; Notice To Attorney General
§ 7810. Permissible Amendments To The Articles Of Incorporation
§ 7811. Amendment By Incorporators
§ 7812. Approval Of Board And Members Required; Exceptions
§ 7813. Amendments Affecting Rights Of Class
§ 7813.5. Amendments To Change Status
§ 7814. Filing The Certificate Of Amendment
§ 7815. Filing Of Amendment By Incorporators
§ 7816. Contents Of Certificate Of Amendment
§ 7817. Effect Of Filing Certificate Of Amendment
§ 7818. Extension Of Term Of Corporate Existence By Amendment
§ 7819. Restated Articles Of Incorporation
§ 7820. Effect Of Limitations Of Charitable Trust
§ 8210. Articles Of Incorporation; Biennial Updating
§ 8310. Records Subject To Inspection To Be Written
§ 8311. Inspection By Agent Or Attorneys; Right To Copy
§ 8313. No Limitation On Inspection Rights
§ 8320. Records Required To Be Kept; Form Of Records
§ 8321. Notice Of Annual Report
§ 8322. Annual Statements Of Transactions With Interested Persons And Of Indemnification
§ 8325. Demand For Election Results
§ 8330. Demand For Member’s Names, Addresses, And Voting Rights By Member
§ 8331. Petition By Corporation To Set Aside Demand; Time; Procedure; Grounds
§ 8332. Power Of Court To Limit Rights Under Section 8330; Temporary Order Suspending Time Limit
§ 8333. Inspection Of Accounting Books, Records, Minutes By Member
§ 8334. Director’s Right Of Inspection
§ 8335. Postponement Of Meeting Where Records Not Obtained
§ 8336. Power Of Superior Court To Enforce Inspection Rights Or Appoint Inspectors Or Accountants
§ 8337. Award Of Costs, Expenses, Attorneys’ Fees
§ 8338. Prohibited Uses Of Membership Lists; Damages For Misuse
GOVERNMENT CODE

§ 434.5. Restrictions On Right To Display U.S. Flag Void
§ 12955. Discrimination In Housing Prohibited
§ 12955.1. “Discrimination” Defined
§ 12955.1.1. “Covered Multifamily Dwellings” And “Multistory Dwelling Unit” Defined
§ 12955.2. “Familial Status” Defined
§ 12955.3. “Disability” Defined
§ 12955.4. Religious Preference Allowed
§ 12955.5. Data Collection By Government Allowed

§ 12955.6. Fair Housing Amendments Acts Of 1988 Is Minimum Standard
§ 12955.7. Retaliation For Compliance Prohibited
§ 12955.8. Elements Of Violation Of Article
§ 12955.9. Qualifying Senior Housing Allowed To Discriminate Based On Familial Status
§ 12956. Relevant Records Maintained During Legal Action
§ 12956.1. Amending Documents To Remove Discriminatory Language
§ 12956.2. Recording A Restrictive Covenant Modification
§ 66469. Amendment Of Parcel Map
§ 66470. Parcel Map Amendment Requirements And Recording Of Certificate Of Correction
§ 66471. Time Limitations On Approval And Recording
§ 66472.1. Modification Of Parcel Map By Local Agency; Public Hearing

HEALTH & SAFETY CODE
§ 1597.40. Restrictions Against Group Homes Void; Increased Security Deposit Allowed
§ 1597.531. Liability Insurance Or Signed Affidavits Required; Naming Association As Additional Insured
§ 13132.7. Mandatory Fire Retardant Roof Covering Materials In Designated Fire Hazard Zones

REVENUE & TAXATION CODE
§ 2188.3. Condominiums
§ 2188.5. Planned Developments; Assessment; Application Of Amendment To Subd.(b)
§ 2188.6. Separate Unit Assessment And Tax Bill; Lien On Unit Only
§ 23701. Exemption Of Specified Organizations § 23701t. Homeowners’ Association Conditions; Definitions

INTERNAL REVENUE CODE
I.R.C. § 528. Certain Homeowner Associations

VEHICLE CODE
§ 22658. Removal From Private Property
§ 22658.1. Damaging Of Fence While Removing Vehicle; Location And Notification Of Property Owner
§ 22853. Notice To Department Of Justice And Proprietor Of Storage Garage; Reports; Notice To Owner

 

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Posted By Mr. Sharp on January 11, 2010

As promised in Part 1, we will speak here about Donie Vanitzian’s book “California Common Interest Developments – Homeowners Guide” and the “Condominium Bluebook”.

I will briefly review and discuss these sources here.

1)       The book “CALIFORNIA COMMON INTEREST DEVELOPMENTS – Homeowners Guide” includes the following:

• Association Essentials
• Meetings
• Minutes
• Inspection of Public Records
• Arbitration and Dispute Resolution
• Time-Shares and Mobile homes
• Representation
• Investigation
• Voting & Elections
• Board of Directors
• Association Management
• Sales
• Disclosures
• Agreements
• Escrow
• Discovery

More details about this book are provided in the “PAGES”     (Recommended Books section of our website)

2)       The “CONDOMINIUM BLUEBOOK”

Chapter 1 – AN OVERVIEW OF CALIFORNIA CONDOMINIUM LAW

1. Common Interest Developments
2. Homeowners’ Association Structure
3. Ownership, Access and Usage
4. Homeowners’ Association Powers and Control
5. Managing Agents/Professional Managers
6. Financial Management
7. Maintenance Obligations
8. Improvements and Alterations
9. Defects and Disclosures
10. Insurance Issues
11. Usage Restrictions
12. Mortgages and Liens
13. Disputes Between an Owner and the Homeowners’ Association and Disciplinary Action Against an Owner
14. Disputes Between Individual Owners

Chapter 2 – DAVIS-STIRLING COMMON INTEREST DEVELOPMENT ACT

(Civil Code §§ 1350 – 1378)

General Provisions

Governing Documents

Ownership Rights and Interests

Governance

Operations

Transfer of Ownership Rights

Civil Actions and Liens

Construction of Instruments and Zoning

Construction Defect Litigation

Improvements

Chapter 3 – BOARD POWERS AND PROCEDURES

(Corporations Code §§ 7119 – 7160, 7210 – 7238)

Chapter 4 – MEMBER MEETINGS AND VOTING

(Corporations Code §§ 5009, 5012, 5016, 5032 – 5034, 5069, 7312, 7341, 7510 – 7527, 7610 – 7616)

Chapter 5 – ASSOCIATION DOCUMENTS

(Corporations Code §§ 7810 -7829, 8210 – 8338 and

Government Code § 66460 – 66472.1)

Chapter 6 – ASSOCIATION TAXATION

(United States Internal Revenue Code § 528)

(California Revenue & Taxation Code §§ 2188.3, 2188.5, 2188.6, 23701 & 23701t)

Chapter 7 – LITIGATION PROCEDURE

(Code of Civil Procedure §§336 – 339.5, 415.10, 415.20, 415.21, 425.15 & 425.16)

Chapter 8 – CONSTRUCTION DEFECTS

(Civil Code §§ 895- 945.5 and 43.99)

Chapter 9 – SPECIAL RESTRICTIONS

(Civil Code §§ 51 – 53, 712 – 714.1, Government Code §§ 434.5, 12955 – 12956.2, Welfare & Institutions Code §§5115 – 5116, Health & Safety Code §§ 1597.40 and 1597.531)

Chapter 10 – REMOVAL OF VEHICLES FROM COMMON INTEREST DEVELOPMENTS

(Vehicle Code §§ 22658 – 22658.2 & 22853)

Chapter 11 – MANAGER CERTIFICATION

(Business & Professions Code §§ 11500 – 11506)

Chapter 12 – SIGNIFICANT JUDICIAL DECISIONS OF THE PAST 30 YEARS (Description of cases)

Chapter 13 – CADM

California Association of Community Managers Standardized Management Agreement, Code of Ethics, Board Member Code of Ethics and Board Member Commitment Pledge

Chapter 14 – BASIC PARLIAMENTARY PROCEDURE

Chapter 15 – USEFUL FORMS AND CHECKLISTS

Chapter 16 – STATUTORY DISCLOSURE DEADLINES

(Table)

Chapter 17 – RESOURCES

(Names, Addresses, and Phone Numbers of Related Organizations and  Agencies)

Note: When buying this book or getting it from a library, make sure you are looking at the latest edition. This book is being updated every year.

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Posted By Mr. Sharp on December 9, 2009

Do you, the reader, know what the abbreviation CC&R stands for? Do you know what is Davis-Stirling Act? Are you surprised to learn that in legal terms your association is being looked at as a corporation?

The part below is intended for first time buyers and for those individual owners who are not familiar with their rights under the state law. If you are like most of us, and never had any problems with your board you must  have shelved the documents you received from the escrow company on the day of the closing. We suggest you find them and review what they entail.

Those of us, purchasing condominiums, or houses belonging to a homeowners association, receive a copy of Covenants, Conditions and Restrictions (CC&R) and a copy of local by- laws. In order to regulate the laws, rules and regulations related to the above subject and have them be interpreted and applied in a similar and uniform way across the State, our legislature enacted a set of laws titled California Civil Codes.

Both California Civil Codes and CC&Rs provide only general guidelines for managing your association’s affairs and do not cover every possible particular situation, but they are the basis for the functioning of your association. The association’s board may supplement them by a set of particular rules pertaining to your specifics. These rules are periodically being updated and amended, as well (but under different, more restricted conditions) are the CC&R’s and by-laws.

The overall number of California Civil Codes is astonishing. For convenience, codes related to common interest developments are consolidated under the so called Davis-Stirling Act, they cover code numbers 1350 through 1378. Another part of laws related to board procedures such as boards and owners meetings, directors’ election, board powers, maintaining of documents (i.e. covering subjects partly similar to your by-laws), and also pertaining to the relations with managing companies, are known as Corporations Codes.

For a common person who does not have a legal education background, it is difficult to comprehend all the codes contents and complexity. Therefore, those owners in need to know more, or in search for an answer to a particular problem or situation, should start with one of the books recommended in the left column of our home page (under “PAGES”) such as Donie Vanitzian’s book “California Common Interest Developments – Homeowners Guide” or an updated edition of “Condominium Bluebook”.
I will briefly review and discuss these sources in COMMON INTEREST DEVELOPMENTS and COMMUNITY ASSOCIATIONS CODES and REGULATIONS ABC – Part 2 (pending).

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Posted By Mr. Sharp on November 17, 2009

The “Associations” column below is reprinted by permission of authors Stephen Glassman and Donie Vanitzian.
Copyright S. Glassman and D. Vanitzian”

(from November 15, 2009 L.A. Times)

“Ignore a difficult owner? Bad idea”

STEPHEN GLASSMAN and DONIE VANITZIAN

Question: We are an association with less than 10 units. We have an extraordinarily difficult owner in our midst. The things this person demands have been considered by our association’s board and rejected with the support of the rest of the owners. But this owner keeps coming back with the same stuff over and over.
We are at a loss as to how to deal with this person. Some of us think this owner’s behavior is something we must disclose if we sell our units. All of us would like to find a way to not have to deal with what we perceive as this person’s craziness. Our management company charges us for this person’s time and is often placed in a potential conflict of interest situation because of this person’s demands.
What should we do?

Answer: An owner’s “craziness” doesn’t exempt the board from dealing with the owner’s queries and concerns. It is the duty of the board to be dealing with this owner, especially if your management company is charging extra for doing the job of responding to homeowners.
As difficult as it may be, the individual who complained is a homeowner, just like you. And just like you, he or she expects the board to listen to complaints and take them seriously.
There are no limits to the number of complaints a titleholder may bring to the board, and whether or not the complaints are valid, such as a request for documents, a board is required to treat each with equal seriousness. If boards categorically reject owner complaints and concern, they breach their duty to the association and all the titleholders to act in good faith. A cavalier and judgmental approach could land a board and all titleholders in legal hot water.
Investigating all titleholder complaints and concerns is worthwhile, if for no other reason then that the insurance policy’s Directors and Officers indemnification criteria may require it. The potential liability for a board’s nonperformance or for acting in an imprudent manner may be too great to ignore.
Your opinions about this owner are purely subjective, and there is no obligation for disclosure of the type described to any potential buyer. Nothing prevents potential buyers from questioning homeowners about their future neighbors, the board of directors, the association, the management company and the association’s attorneys. The best disclosures are ones that prospective buyers ferret out for themselves.
The management company’s potential conflict of interest has not been identified, but the very fact that one appears to exist should be reason enough for the board to consider its termination.
_____________________________
Send questions to Box 11843, Marina del Rey, CA 90295 or e-mail noexit@mindspring.com

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