| Davis-Stirling Common Interest Development Act |
| Part 5. Common Interest Developments |
| Chapter 1. |
General Provisions |
| Article 1. |
Preliminary Provisions |
| § 4000. | Citation |
| § 4005. | Headings |
| § 4010. | Effect of Act on Documents or Actions Before January 1, 2014 |
| § 4020. | Construction of Zoning Ordinances |
| § 4035. | Delivery of Documents to Association |
| § 4040. | Individual Delivery or Individual Notice |
| § 4045. | General Delivery or General Notice |
| § 4050. | Completion of Delivery |
| § 4055. | Electronic Delivery |
| § 4065. | Approval by Majority Vote |
| § 4070. | Approval by Majority of a Quorum |
| Article 2. |
Definitions |
| § 4075. | 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 or Similar Entity |
| § 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 |
| Chapter 2. |
Application of Act |
| § 4200. | Application of Act; Creation of Common Interest Development |
| § 4201. | Requirement of Common Area |
| § 4202. | Nonapplicable Provisions for Commercial CIDs |
| Chapter 3. |
Governing Documents |
| Article 1. |
General Provisions |
| § 4205. | Controlling Authority |
| § 4210. | Assessments; Board Statements |
| § 4215. | Liberal Construction of Instruments |
| § 4220. | Boundaries of Units; Presumption |
| § 4225. | Discriminatory Restrictive Covenants; Removal from Governing Documents |
| § 4230. | Amendment of Governing Documents for Certain Declarant Provisions |
| § 4235. | Amendment of Governing Documents to Reflect Changes in the Davis-Stirling Common Interest Development Act |
| Article 2. |
Declaration |
| § 4250. | Declaration; Contents |
| § 4255. | Declaration; Notice of Airport in Vicinity; Notice of San Francisco Bay Conservation and Development Commission Jurisdiction. |
| § 4260. | Permissible Amendment of Declaration |
| § 4265. | Extension of Term of Declaration |
| § 4270. | Amendment of Declaration; Effective Date |
| § 4275. | Amendment of Declaration; Power of Court to Approve Amendment; Recording Amendment; Mailing |
| Article 3. |
Articles of Incorporation |
| § 4280. | Articles of Incorporation; Identifying Corporation as Association; Business Office Address; Managing Agent's Name and Address |
| Article 4. |
Condominium Plan |
| § 4285. | Condominium Plan; Requirements |
| § 4290. | Certificate Consenting to Recordation of Condominium Plan; Signature Requirement |
| § 4295. | Condominium Plan; Amendment or Revocation |
| Article 5. |
Operating Rules 20 |
| § 4340. | Operating Rules; Definitions |
| § 4350. | Validity of Operating Rules |
| § 4355. | Application of §4360 and §4365 |
| § 4360. | Notice of Rule Change |
| § 4365. | Notice of Reversal of Rule Change |
| § 4370. | Application of Article |
| Chapter 4. |
Ownership and Transfer of Interests |
| Article 1. |
Ownership Rights and Interests |
| § 4500. | Ownership of Common Area |
| § 4505. | Common Area Rights and Easements |
| § 4510. | Access to Owners' Separate Interest |
| Article 2. |
Transfer Disclosure |
| § 4525. | Sale or Title Transfer; Provisions of Specified Items to Prospective Purchasers |
| § 4528. | Billing Disclosures |
| § 4530. | Sale or Title Transfer; Copies; Fees |
| § 4535. | Application of §1133 and §1134 |
| § 4540. | Enforcement of Act |
| § 4545. | Validity of Title Transferred in Violation |
| Article 3. |
Transfer Fee |
| § 4575. | Prohibition of Fees |
| § 4580. | Exceptions |
| Article 4. |
Restrictions on Transfer |
| § 4600. | Granting Exclusive Use of Common Area |
| § 4605. | Actions for Violations |
| § 4610. | Partition |
| § 4615. | Labor Performed, Services or Materials |
| Article 5. |
Transfer of Separate Interest |
| § 4625. | Community Apartment Project Transfer of Separate Interest |
| § 4630. | Condominium Project Transfer of Separate Interest |
| § 4635. | Planned Development Transfer of Separate Interest |
| § 4640. | Stock Cooperative Transfer of Separate Interest |
| § 4645. | Transfer of Exclusive Use Areas |
| § 4650. | Restrictions on Partition |
| Chapter 5. |
Property Use and Maintenance |
| Article 1. |
Protected Uses |
| § 4700. | Limitations on Regulation of Separate Interest |
| § 4705. | Display of the Flag of the United States of America |
| § 4710. | Sign Restrictions |
| § 4715. | Restrictions on Pets |
| § 4720. | Roof Coverings; Fires and Fire Protection |
| § 4725. | Video or Television Antennas; Satellite Dish Systems; Restrictions on Installation; Application for Approval |
| § 4730. | Prohibition of Marketing Limitations |
| § 4735. | Low Water-using Plants; Water-Efficient Landscape Ordinances; Emergency Water Use Regulations |
| § 4740. | Rental or Lease of Separate Interest |
| § 4745. | Electric Vehicle Charging Stations; Prohibition of Unreasonable Restrictions; Requirements; Maintenance by Owner; Maintenance by Association; Attorney's Fees |
| Article 2. |
Modification of Separate Interest |
| § 4760. | Permissive Modification of Separate Interest; Requirements |
| § 4765. | Architectural or Design Review; Procedures for Approval |
| Article 3. |
Maintenance |
| § 4775. | Association Responsibility for Repair, Replacement or Maintenance; Cost Allocation |
| § 4780. | Damage by Wood-Destroying Pests or Organisms |
| § 4785. | Notice of Removal of Occupants; Treatment of Wood-Destroying Pests and Organisms |
| § 4790. | Access for Maintenance of Telephone Wiring |
| Chapter 6. |
Association Governance |
| Article 1. |
Association Existence and Powers |
| § 4800. | Management |
| § 4805. | Powers of Association |
| § 4820. | Joint Neighborhood Associations; Membership rights |
| Article 2. |
Board Meeting |
| § 4900. | Common Interest Development Open Meeting Act |
| § 4910. | Board Meeting Required for Action; Electronic Transmissions |
| § 4920. | Notice of Board Meeting |
| § 4923. | Emergency Board Meeting |
| § 4925. | Member Attendance |
| § 4930. | Requirement for Action by Board; Agenda; Notice |
| § 4935. | Executive Session |
| § 4950. | Minutes of Meeting |
| § 4955. | Violation; Attorney's Fees; Fines |
| Article 3. |
Member Meeting |
| § 5000. | Member Meetings |
| Article 4. |
Member Election |
| § 5100. | Secret Ballot Elections |
| § 5105. | Election Rule Requirements; Equal Access for Candidates; Qualifications for Candidates; Qualifications for Voting; Inspectors; Nominations from Floor and Write-ins |
| § 5110. | Inspectors of Election; Duties |
| § 5115. | Secret Ballots; Procedures |
| § 5120. | Counting Ballots; Reporting |
| § 5125. | Custody of Ballots |
| § 5130. | Proxies |
| § 5135. | Prohibition of Association Funds for Campaign Purposes |
| § 5145. | Violation; Relief |
| Article 5. |
Record Inspection |
| § 5200. | Definitions |
| § 5205. | Availability of Records; Inspection and Copying |
| § 5210. | Time Periods; Access to Records |
| § 5215. | Permissible Redactions in Records |
| § 5220. | Member Opt Out |
| § 5225. | Reason for Request of Membership List |
| § 5230. | Restriction on Use of Records |
| § 5235. | Member Action; Attorney's Fees; Costs |
| § 5240. | Applicability of the Corporations Code; Applicability of Article to Community Service Organization |
| Article 6. |
Recordkeeping |
| § 5260. | Record Requests; Writing Requirement |
| Article 7. |
Annual Reports |
| § 5300. | Annual Budget Report; Requirements; Availability to Members; Admissibility as Evidence; Assessment and Reserve Funding Disclosure Summary |
| § 5305. | Review of Financial Statement; Distribution to Members |
| § 5310. | Annual Policy Statement; Requirements |
| § 5320. | Delivery of Full Report and Summary |
| Article 8. |
Conflict of Interest |
| § 5350. | Conflict of Interest; Applicability of Corporations Code |
| Article 9. |
Managing Agent |
| § 5375. | Prospective Managing Agent; Written Statement |
| § 5380. | Management of Common Interest Funds |
| § 5385. | Meaning of Managing Agent |
| Article 10. |
Government Assistance |
| § 5400. | On-Line Education for Directors |
| § 5405. | Identification and Registration of Community Associations |
| Chapter 7. |
Finances |
| Article 1. |
Accounting |
| § 5500. | Board of Directors; Duties; Operating and Reserve Accounts |
| Article 2. |
Use of Reserve Funds |
| § 5510. | Expenditure of Reserve Accounts |
| § 5515. | Borrowing from Reserve Accounts |
| § 5520. | Notice to Members; Accounting of Litigation Expenses |
| Article 3. |
Reserve Planning |
| § 5550. | Study of Reserve Accounts |
| § 5560. | Reserve Funding Plan; Adoption |
| § 5565. | Summary of Reserves |
| § 5570. | Disclosure |
| § 5580. | Community Service Organizations; Financial Disclosures |
| Chapter 8. |
Assessments and Assessment Collection |
| Article 1. |
Establishment and Imposition of Assessments |
| § 5600. | Levy of Assessments; Limitation on Imposition or Collection of Assessments or Fees |
| § 5605. | Limitation on Increases in Assessments |
| § 5610. | Emergency Assessments |
| § 5615. | Notice of Increased or Special Assessment |
| § 5620. | Exemption from Judgment |
| § 5625. | Assessments Based on Taxable Value of Separate Interest |
| Article 2. |
Assessment Payment and Delinquency |
| § 5650. | Assessments; Debt of Owner; Association Recovery |
| § 5655. | Payment of Delinquent Assessments |
| § 5658. | Payment Under Protest |
| § 5660. | Notice of Lien |
| § 5665. | Payment Plans |
| § 5670. | Meet and Confer |
| § 5673. | Board Approval Required to Record Lien |
| § 5675. | Lien; Notice of Delinquent Assessment |
| § 5680. | Priority of Lien |
| § 5685. | Release of Lien; Lien Recorded in Error |
| § 5690. | Failure to Comply with Article; Recommencing Notice |
| Article 3. |
Assessment Collection |
| § 5700. | Enforcement of Lien |
| § 5705. | Prior to Foreclosure of Liens for Assessment Debt Arising on or After January 1, 2006; Offer to Meet and Confer; Approval by Board; Notice by Personal Service |
| § 5710. | Sale by Trustee |
| § 5715. | Right of Redemption |
| § 5720. | Foreclosure of Liens for Assessment Debt Arising on or After January 1, 2006; Amount and Time Thresholds; Small Claims Court Judgments |
| § 5725. | Monetary Charge or Penalty Imposed by Association may become a Lien |
| § 5730. | Notice; Annual Policy Statement |
| § 5735. | Limitations on Assignment of Right to Collect |
| § 5740. | Application of Liens Recorded On or After January 1, 2003 |
| Chapter 9. |
Insurance and Liability |
| § 5800. | Liability of Volunteer Officer or Director |
| § 5805. | Liability of Owner in Tenancy-In-Common Common Area |
| § 5810. | Notice of Insurance Policies |
| Chapter 10. |
Dispute Resolution and Enforcement |
| Article 1. |
Discipline and Cost Reimbursement |
| § 5850. | Schedule of Monetary Penalties |
| § 5855. | Disciplinary Actions and Monetary Charges Imposed by Board; Delivery; Notice |
| § 5865. | Authority of Board to Impose Monetary Penalties |
| Article 2. |
Internal Dispute Resolution |
| § 5900. | Dispute Resolution; Application |
| § 5905. | Fair, Reasonable, and Expeditious Procedures |
| § 5910. | Minimum Requirements; Dispute Resolution Procedures |
| § 5915. | Statutory Default Procedure |
| § 5920. | Annual Notice, Description of Association Meet and Confer Program |
| Article 3. |
Alternative Dispute Resolution Prerequisite to Civil Action |
| § 5925. | Definitions |
| § 5930. | Litigation Pre-Filing Requirements |
| § 5935. | Initiating the Process; Request for Resolution |
| § 5940. | Completing the Process; Costs |
| § 5945. | Statutes of Limitation |
| § 5950. | Certificate; Commencement of Action |
| § 5955. | Post-Filing Reference |
| § 5960. | Refusal to Participate in Pre-Filing Alternative Dispute Resolution |
| § 5965. | Annual Disclosure |
| Article 4. |
Civil Action |
| § 5975. | Enforcement of Governing Documents |
| § 5980. | Standing |
| § 5985. | Allocation of Damages |
| Chapter 11. |
Construction Defect Litigation |
| § 6000. | Design or Construction Defects; Pre-filing Procedure [Operative Until July 7, 2017] |
| § 6100. | Disclosure to Members; Resolution of Design or Construction Defect Dispute |
| § 6150. | Pre-Filing Notice to Members; Requirements |
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