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Attorney
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Provisional Attorney
Scott Barton
General Counsel
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Principal
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Principal
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Partner
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Senior Attorney
Sandra Bonato
Partner
Aaron Ehrlich
Partner
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Partner
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Partner
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Partner
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Attorney
Sean Kane
Partner
Christopher Lewis
Attorney
Scott Mackey
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William M. McKeon
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Kathleen McMahon
Attorney
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Partner
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Attorney
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Lucas Olona
Partner
Randolph Paul
Partner
Michael Kennedy
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Carlotta Kirby
Attorney
Kyle Pineo
Attorney
Anne L. Rauch
Partner
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Principal
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Attorney
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Partner
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Partner
Jenna Swaney
Partner
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Principal
Gordon Walters
Attorney
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Paul Windust
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Robert Young
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Lisa Young Sutton
Attorney
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LIBRARY
Useful Materials
Top Articles of Interest
Featured Publications
Webinar Video Library
Davis-Stirling CID Act
Disclosure Checklist
Davis-Stirling Cross Reference Chart
Residential Construction and Outside Time Limits
Why Build Houses in Shopping Centers?
How the Law Fails Condo Owners
Hidden DamageLife, Death, and Legislation?
California is Back! What does this mean for your association?
Basic Training Manual For Board Members
Guide to Reconstruction Projects
Guide to Construction Defect Claims
Guide to Community Association Transition
The Condominium Bluebook
The Common Interest Development Open Meeting Act
Decision Making Outside of a Board Meeting
The Board Meeting Agenda
The Significance of Board meeting Minutes
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Davis-Stirling Common Interest Development Act
General Provisions
Preliminary Provisions
§ 4000.
Citation.
§ 4005.
Headings.
§ 4010.
Effect of Act on Documents or Actions Before January 1, 2014.
§ 4020.
Local Zoning Ordinances.
§ 4035.
Delivery of Documents to Association.
§ 4040.
Individual Delivery / Individual Notice.
§ 4041.
Process for Updating Owner Addresses
§ 4045.
General Delivery / General Notice.
§ 4050.
Effective Date of Delivery.
§ 4055.
Electronic Delivery.
§ 4065.
Approval by Majority Vote.
§ 4070.
Approval by Majority of a Quorum.
Definitions
§ 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.
Application of Act
§ 4200.
Requirements for Creation of a Common Interest Development.
§ 4201.
Requirement of Common Area.
§ 4202.
Nonapplicable Provisions for Commercial and Industrial CIDS.
Governing Documents
General Provisions
§ 4205.
Controlling Authority.
§ 4210.
Association Information Statement.
§ 4215.
Liberal Construction of Documents.
§ 4220.
Existing Physical Boundaries.
§ 4225.
Discriminatory Restrictive Covenants.
§ 4230.
Amendment to Delete Certain Declarant Provisions.
§ 4235.
Amendment of Governing Documents to Reflect Changes in the Davis-Stirling Common Interest Development Act.
Declarations
§ 4250.
Required Elements of Declaration.
§ 4255.
Notice of Airport in Vicinity; Notice of San Francisco Bay Conservation and Development Commission Jurisdiction.
§ 4260.
Permissible Amendment of Declaration.
§ 4265.
Extension of Declaration Termination Date.
§ 4270.
Effective Amendment of Declaration.
§ 4275.
Court Approval of Amendment of Declaration.
Articles of Incorporation
§ 4280.
Required Elements of Articles of Incorporation.
Condominium Plan
§ 4285.
Required Elements of Condominium Plan.
§ 4290.
Certificate Consenting to Recordation of Condominium Plan.
§ 4295.
Amendment or Revocation of Condominium Plan.
Operating Rules
§ 4340.
Operating Rule And Rule Change Defined.
§ 4350.
Required Elements of an Operating Rule.
§ 4355.
Application of Member Review and Comment Requirement.
§ 4360.
Notice of Rule Change.
§ 4365.
Reversal of Rule Change.
§ 4370.
Application of Article to Rule Changes after January 1, 2004.
Ownership Rights and Transfer of Interests
Ownership Rights and Interests
§ 4500.
Ownership of Common Area.
§ 4505.
Common Area Rights and Easements.
§ 4510.
Access to Owners' Separate Interest.
§ 4515.
Peaceful Assembly.
Transfer Disclosure
§ 4525.
Owner Disclosure of Specified Items to Prospective Purchasers.
§ 4528.
Statutory Disclosure Form.
§ 4530.
Copies of Escrow Documents to Owners.
§ 4535.
Additional Transfer Requirements.
§ 4540.
Penalty for Violations of this Article.
§ 4545.
Validity of Title Transfer in Violation.
Transfer Fees
§ 4575.
Prohibition of Transfer Fees.
§ 4580.
Exceptions to the Prohibition of Transfer Fees.
Restrictions on Transfer
§ 4600.
Grant of Exclusive Use Common Area.
§ 4605.
Remedies for Violation of Section 4600.
§ 4610.
Restrictions on Partition of Common Areas.
§ 4615.
Liens for Labor and Materials.
§ 4620.
Notice of Lien.
Transfer of Separate Interest
§ 4625.
Transfer of Separate Interest in Community Apartment Project.
§ 4630.
Transfer of Separate Interest in Condominium Project.
§ 4635.
Transfer of Separate Interest in Planned Development.
§ 4640.
Transfer of Separate Interest in Stock Cooperative.
§ 4645.
Transfer of Exclusive Use Areas.
§ 4650.
Restrictions on Partition.
Property Use and Maintenance
Protected Uses
§ 4700.
Limitations of Regulation of Separate Interest.
§ 4705.
Display of United States Flag.
§ 4706.
Display of Religious Items.
§ 4710.
Display of Noncommercial Signs Or Flags.
§ 4715.
Pet Restrictions.
§ 4720.
Fire Retardant Roofs.
§ 4725.
Antenna and Satellite Restrictions.
§ 4730.
Marketing Restrictions.
§ 4735.
Low Water-Using Plants and Landscaping Restrictions.
§ 4736.
Pressure Washing Restrictions.
§ 4739.
Rental Restrictions.
§ 4740.
Rental Restrictions.
§ 4741.
Limitations on Rental Restrictions.
§ 4745.
Electric Vehicle Charging Stations.
§ 4745.1.
Electric Vehicle-Dedicated TOU Meters.
§ 4746.
Solar Energy Systems.
§ 4747.
Floor Area Standards.
§ 4750.
Personal Agriculture.
§ 4751.
Accessory Dwelling Units.
§ 4753.
Clotheslines.
Modification of Separate Interest
§ 4760.
Modification of Separate Interest.
§ 4765.
Architectural Review and Procedure for Approval.
Maintenance
§ 4775.
Common Area Maintenance Effective 1/1/2017.
§ 4777.
Application of Pesticides by Non-Licensed Persons.
§ 4780.
Damage by Wood-Destroying Pests or Organisms.
§ 4785.
Relocation During Treatment For Pests.
§ 4790.
Access for Maintenance of Telephone Wiring.
Association Governance
Association Existence and Powers
§ 4800.
CID to be Managed by Association.
§ 4805.
Exercise of Powers of Nonprofit Mutual Benefit Corporation.
§ 4820.
Membership Rights in Joint Neighborhood Associations.
Board Meeting
§ 4900.
Open Meeting Act.
§ 4910.
No Action on Business Outside of Board Meeting; Limitation on Electronic Transmission.
§ 4920.
Notice of Board Meeting.
§ 4923.
Emergency Board Meeting.
§ 4925.
Member Attendance at Board Meeting.
§ 4926.
Meetings by Teleconference.
§ 4930.
Requirement for Action by Board.
§ 4935.
Executive Session Board Meeting.
§ 4950.
Minutes of Meeting.
§ 4955.
Remedies for Violation of Open Meeting Act.
Member Meeting
§ 5000.
Member Meetings.
Member Election
§ 5100.
Secret Ballot Election.
§ 5103.
Elections by Acclamation.
§ 5105.
Election Rules.
§ 5110.
Inspectors of Elections.
§ 5115.
Secret Ballot Procedures.
§ 5120.
Counting Ballots.
§ 5125.
Custody of Ballots.
§ 5130.
Proxies.
§ 5135.
Prohibition of Association Funds for Campaign Purposes.
§ 5145.
Remedies Violation of Ballot Election Statutes.
Record Inspection
§ 5200.
Records Inspection Definitions.
§ 5205.
Inspection and Copying of Association Records.
§ 5210.
Time Periods for Access to Records.
§ 5215.
Permissible Redaction in Records.
§ 5216.
Safe at Home Participants.
§ 5220.
Member Opt Out.
§ 5225.
Reason for Request of Membership List.
§ 5230.
Restriction on Use of Association Records.
§ 5235.
Remedy to Enforce Access to Records.
§ 5240.
Applicability of the Corporations Code to Article.
Recordkeeping
§ 5260.
Written Requests.
Annual Reports
§ 5300.
Annual Budget Report.
§ 5305.
Review of Financial Statement.
§ 5310.
Annual Policy Statement.
§ 5320.
Delivery of Full Report or Summary of Annual Disclosures.
Conflict of Interest
§ 5350.
Director Conflict of Interest.
Managing Agent
§ 5375.
Prospective Managing Agent.
§ 5375.5.
Managing Agent Disclosures.
§ 5376.
Managing Agent Facilitation of Disclosures.
§ 5380.
Management of Association Funds.
§ 5385.
Meaning of Managing Agent.
Government Assistance
§ 5400.
Online Education for Directors.
§ 5405.
Identification and Regulation of Community Associations.
§ 5450.
Remote Meeting Requirements.
Finances
Accounting
§ 5500.
Quarterly Financial Review by Board.
§ 5501.
Financial Review Outside of Meeting.
§ 5502.
Board Authorization of Financial Transfers.
§ 5506.
Fidelity Bond Coverage.
Use of Reserve Funds
§ 5510.
Expenditure of Reserve Accounts.
§ 5515.
Borrowing from Reserve Account.
§ 5520.
Use of Reserve Accounts; Notice to Members.
Reserve Planning
§ 5550.
Reserve Study Requirements.
§ 5551.
Balcony, Deck, and Elevated Elements Inspections.
§ 5560.
Reserve Funding Plan.
§ 5565.
Summary of Reserves.
§ 5570.
Reserve Funding Disclosure Form.
§ 5580.
Community Service Organization Financial Disclosures.
Assessments and Assessment Collection
Establishment and Imposition of Assessments
§ 5600.
Levy of Assessments.
§ 5605.
Limit on Increases in Assessments.
§ 5610.
Emergency Assessment.
§ 5615.
Notice of Increased or Special Assessment.
§ 5620.
Assessments Exempt from Judgment Creditors.
§ 5625.
Assessment not Based on Taxable Value.
Assessment Payment and Delinquency
§ 5650.
Delinquent Assessments; Fees, Costs, and Interest.
§ 5655.
Payments of Delinquent Assessments.
§ 5658.
Payment Under Protest.
§ 5660.
Notice of Intent to Lien.
§ 5665.
Payment Plans.
§ 5670.
Dispute Resolution Offer Prior to Recording Lien.
§ 5673.
Board Approval Required to Record Lien.
§ 5675.
Lien; Notice of Delinquent Assessment.
§ 5680.
Priority of Lien.
§ 5685.
Recording of Lien; Release of Lien; Notice of Rescission.
§ 5690.
Failure to Comply with Article.
Assessment Collection
§ 5700.
Enforcement of Lien.
§ 5705.
Prior to Foreclosure of Liens; Offer to Meet and Confer; Approval by Board.
§ 5710.
Sale by Trustee.
§ 5715.
Right of Redemption.
§ 5720.
Assessment Collection Through Foreclosure.
§ 5725.
Distinction Between Monetary Charge and Monetary Penalty.
§ 5730.
Annual Policy Statement; Form Notice.
§ 5735.
Limitation on Assignment of Right to Collect.
§ 5740.
Applicability to Liens Created on or After January 1, 2003.
Insurance and Liability
§ 5800.
Limited Liability of Volunteer Officer or Director.
§ 5805.
Liability of Owner in Tenancy-In-Common Common Area.
§ 5806.
Fidelity Bond Coverage.
§ 5810.
Notice of Insurance Policies.
Dispute Resolution and Enforcement
Discipline and Cost Reimbursement
§ 5850.
Schedule of Monetary Penalties.
§ 5855.
Requirements for Disciplinary Action by Board.
§ 5865.
Board Authority to Impose Monetary Penalties.
§ 5875.
Enforcement Actions During State of Emergency.
Internal Dispute Resolution
§ 5900.
Internal Dispute Resolution.
§ 5905.
Fair, Reasonable, and Expeditious Procedure.
§ 5910.
Minimum Requirements of Dispute Resolution Procedure.
§ 5910.1.
Prelitigation Good Faith Participation in IDR.
§ 5915.
Statutory Default Procedure.
§ 5920.
Inclusion in Annual Policy Statement.
Alternative Dispute Resolution As Prerequisite To Civil Action
§ 5925.
Alternative Dispute Resolution Definitions.
§ 5930.
Litigation Pre-Filing Requirements.
§ 5935.
Request for Resolution.
§ 5940.
Completing the Process.
§ 5945.
Statute of Limitiations.
§ 5950.
Certificate Of Compliance.
§ 5955.
Stay of Action During Alternative Dispute Resolution.
§ 5960.
Consideration of Refusal to Participate in Alternative Dispute Resolution.
§ 5965.
Summary of Alternative Dispute Resolution in Annual Policy Statement.
Civil Action
§ 5975.
Enforcement of Governing Documents.
§ 5980.
Association Standing.
§ 5985.
Allocation of Damages.
§ 5986.
Construction Defect Voting Requirements Deemed Void.
Construction Defect Litigation
§ 6000.
Filing a Claim for Construction Defects.
§ 6100.
Disclosure of Settlement of Construction Defect Claim.
§ 6150.
Pre-Filing Notice to Members.
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