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Davis-Stirling Common Interest Development Act
  1. General Provisions
    1. Preliminary Provisions
      1. § 4000. Citation.
      2. § 4005. Headings.
      3. § 4010. Effect of Act on Documents or Actions Before January 1, 2014.
      4. § 4020. Local Zoning Ordinances.
      5. § 4035. Delivery of Documents to Association.
      6. § 4040. Individual Delivery / Individual Notice.
      7. § 4041. Process for Updating Owner Addresses
      8. § 4045. General Delivery / General Notice.
      9. § 4050. Effective Date of Delivery.
      10. § 4055. Electronic Delivery.
      11. § 4065. Approval by Majority Vote.
      12. § 4070. Approval by Majority of a Quorum.
    2. Definitions
      1. § 4075. Application of Definitions.
      2. § 4076. “Annual Budget Report.”
      3. § 4078. “Annual Policy Statement.”
      4. § 4080. “Association.”
      5. § 4085. “Board.”
      6. § 4090. “Board Meeting.”
      7. § 4095. “Common Area.”
      8. § 4100. “Common Interest Development.”
      9. § 4105. “Community Apartment Project.”
      10. § 4110. “Community Service Organization.”
      11. § 4120. “Condominium Plan.”
      12. § 4125. “Condominium Project.”
      13. § 4130. “Declarant.”
      14. § 4135. “Declaration.”
      15. § 4140. “Director.”
      16. § 4145. “Exclusive Use Common Area.”
      17. § 4148. “General Notice.”
      18. § 4150. “Governing Documents.”
      19. § 4153. “Individual Notice.”
      20. § 4155. “Item of Business.”
      21. § 4158. “Managing Agent.”
      22. § 4160. “Member.”
      23. § 4170. “Person.”
      24. § 4175. “Planned Development.”
      25. § 4177. “Reserve Accounts.”
      26. § 4178. “Reserve Account Requirements.”
      27. § 4185. “Separate Interest.”
      28. § 4190. “Stock Cooperative.”
  2. Application of Act
      1. § 4200. Requirements for Creation of a Common Interest Development.
      2. § 4201. Requirement of Common Area.
      3. § 4202. Nonapplicable Provisions for Commercial and Industrial CIDS.
  3. Governing Documents
    1. General Provisions
      1. § 4205. Controlling Authority.
      2. § 4210. Association Information Statement.
      3. § 4215. Liberal Construction of Documents.
      4. § 4220. Existing Physical Boundaries.
      5. § 4225. Discriminatory Restrictive Covenants.
      6. § 4230. Amendment to Delete Certain Declarant Provisions.
      7. § 4235. Amendment of Governing Documents to Reflect Changes in the Davis-Stirling Common Interest Development Act.
    2. Declarations
      1. § 4250. Required Elements of Declaration.
      2. § 4255. Notice of Airport in Vicinity; Notice of San Francisco Bay Conservation and Development Commission Jurisdiction.
      3. § 4260. Permissible Amendment of Declaration.
      4. § 4265. Extension of Declaration Termination Date.
      5. § 4270. Effective Amendment of Declaration.
      6. § 4275. Court Approval of Amendment of Declaration.
    3. Articles of Incorporation
      1. § 4280. Required Elements of Articles of Incorporation.
    4. Condominium Plan
      1. § 4285. Required Elements of Condominium Plan.
      2. § 4290. Certificate Consenting to Recordation of Condominium Plan.
      3. § 4295. Amendment or Revocation of Condominium Plan.
    5. Operating Rules
      1. § 4340. “Operating Rule” And “Rule Change” Defined.
      2. § 4350. Required Elements of on Operating Rule.
      3. § 4355. Application of Member Review and Comment Requirement.
      4. § 4360. Notice of Rule Change.
      5. § 4365. Reversal of Rule Change.
      6. § 4370. Application of Article to Rule Changes after January 1, 2004.
  4. Ownership Rights and Transfer of Interests
    1. Ownership Rights and Interests
      1. § 4500. Ownership of Common Area.
      2. § 4505. Common Area Rights and Easements.
      3. § 4510. Access to Owners' Separate Interest.
      4. § 4515. Peaceful Assembly.
    2. Transfer Disclosure
      1. § 4525. Owner Disclosure of Specified Items to Prospective Purchasers.
      2. § 4528. Statutory Disclosure Form.
      3. § 4530. Copies of Escrow Documents to Owners.
      4. § 4535. Additional Transfer Requirements.
      5. § 4540. Penalty for Violations of this Article.
      6. § 4545. Validity of Title Transfer in Violation.
    3. Transfer Fees
      1. § 4575. Prohibition of Transfer Fees.
      2. § 4580. Exceptions to the Prohibition of Transfer Fees.
    4. Restrictions on Transfer
      1. § 4600. Grant of Exclusive Use Common Area.
      2. § 4605. Remedies for Violation of Section 4600.
      3. § 4610. Restrictions on Partition of Common Areas.
      4. § 4615. Liens for Labor and Materials.
      5. § 4620. Notice of Lien.
    5. Transfer of Separate Interest
      1. § 4625. Transfer of Separate Interest in Community Apartment Project.
      2. § 4630. Transfer of Separate Interest in Condominium Project.
      3. § 4635. Transfer of Separate Interest in Planned Development.
      4. § 4640. Transfer of Separate Interest in Stock Cooperative.
      5. § 4645. Transfer of Exclusive Use Areas.
      6. § 4650. Restrictions on Partition.
  5. Property Use and Maintenance
    1. Protected Uses
      1. § 4700. Limitations of Regulation of Separate Interest.
      2. § 4705. Display of United States Flag.
      3. § 4710. Display of Noncommercial Signs Or Flags.
      4. § 4715. Pet Restrictions.
      5. § 4720. Fire Retardant Roofs.
      6. § 4725. Antenna and Satellite Restrictions.
      7. § 4730. Marketing Restrictions.
      8. § 4735. Low Water-Using Plants and Landscaping Restrictions.
      9. § 4736. Pressure Washing Restrictions.
      10. § 4740. Rental Restrictions.
      11. § 4745. Electric Vehicle Charging Stations.
      12. § 4745.1. Electric Vehicle-Dedicated TOU Meters.
      13. § 4746. Solar Energy Systems.
      14. § 4750. Personal Agriculture.
      15. § 4753. Clotheslines.
    2. Modification of Separate Interest
      1. § 4760. Modification of Separate Interest.
      2. § 4765. Architectural Review and Procedure for Approval.
    3. Maintenance
      1. § 4775. Common Area Maintenance Effective 1/1/2017.
      2. § 4777. Application of Pesticides by Non-Licensed Persons.
      3. § 4780. Damage by Wood-Destroying Pests or Organisms.
      4. § 4785. Relocation During Treatment For Pests.
      5. § 4790. Access for Maintenance of Telephone Wiring.
  6. Association Governance
    1. Association Existence and Powers
      1. § 4800. CID to be Managed by Association.
      2. § 4805. Exercise of Powers of Nonprofit Mutual Benefit Corporation.
      3. § 4820. Membership Rights in Joint Neighborhood Associations.
    2. Board Meeting
      1. § 4900. Open Meeting Act.
      2. § 4910. No Action on Business Outside of Board Meeting; Limitation on Electronic Transmission.
      3. § 4920. Notice of Board Meeting.
      4. § 4923. Emergency Board Meeting.
      5. § 4925. Member Attendance at Board Meeting.
      6. § 4930. Requirement for Action by Board.
      7. § 4935. Executive Session Board Meeting.
      8. § 4950. Minutes of Meeting.
      9. § 4955. Remedies for Violation of Open Meeting Act.
    3. Member Meeting
      1. § 5000. Member Meetings.
    4. Member Election
      1. § 5100. Secret Ballot Election.
      2. § 5105. Election Rules.
      3. § 5110. Inspectors of Elections.
      4. § 5115. Secret Ballot Procedures.
      5. § 5120. Counting Ballots.
      6. § 5125. Custody of Ballots.
      7. § 5130. Proxies.
      8. § 5135. Prohibition of Association Funds for Campaign Purposes.
      9. § 5145. Remedies Violation of Ballot Election Statutes.
    5. Record Inspection
      1. § 5200. Records Inspection Definitions.
      2. § 5205. Inspection and Copying of Association Records.
      3. § 5210. Time Periods for Access to Records.
      4. § 5215. Permissible Redaction in Records.
      5. § 5220. Member Opt Out.
      6. § 5225. Reason for Request of Membership List.
      7. § 5230. Restriction on Use of Association Records.
      8. § 5235. Remedy to Enforce Access to Records.
      9. § 5240. Applicability of the Corporations Code to Article.
    6. Recordkeeping
      1. § 5260. Written Requests.
    7. Annual Reports
      1. § 5300. Annual Budget Report.
      2. § 5305. Review of Financial Statement.
      3. § 5310. Annual Policy Statement.
      4. § 5320. Delivery of Full Report or Summary of Annual Disclosures.
    8. Conflict of Interest
      1. § 5350. Director Conflict of Interest.
    9. Managing Agent
      1. § 5375. Prospective Managing Agent.
      2. § 5375.5. Managing Agent Disclosures.
      3. § 5376. Managing Agent Facilitation of Disclosures.
      4. § 5380. Management of Association Funds.
      5. § 5385. Meaning of Managing Agent.
    10. Government Assistance
      1. § 5400. Online Education for Directors.
      2. § 5405. Identification and Regulation of Community Associations.
  7. Finances
    1. Accounting
      1. § 5500. Quarterly Financial Review by Board.
      2. § 5501. Financial Review Outside of Meeting.
      3. § 5502. Board Authorization of Financial Transfers.
      4. § 5506. Fidelity Bond Coverage.
    2. Use of Reserve Funds
      1. § 5510. Expenditure of Reserve Accounts.
      2. § 5515. Borrowing from Reserve Account.
      3. § 5520. Use of Reserve Accounts; Notice to Members.
    3. Reserve Planning
      1. § 5550. Reserve Study Requirements.
      2. § 5560. Reserve Funding Plan.
      3. § 5565. Summary of Reserves.
      4. § 5570. Reserve Funding Disclosure Form.
      5. § 5580. Community Service Organization Financial Disclosures.
  8. Assessments and Assessment Collection
    1. Establishment and Imposition of Assessments
      1. § 5600. Levy of Assessments.
      2. § 5605. Limit on Increases in Assessments.
      3. § 5610. Emergency Assessment.
      4. § 5615. Notice of Increased or Special Assessment.
      5. § 5620. Assessments Exempt from Judgment Creditors.
      6. § 5625. Assessment not Based on Taxable Value.
    2. Assessment Payment and Delinquency
      1. § 5650. Delinquent Assessments; Fees, Costs, and Interest.
      2. § 5655. Payments of Delinquent Assessments.
      3. § 5658. Payment Under Protest.
      4. § 5660. Notice of Intent to Lien.
      5. § 5665. Payment Plans.
      6. § 5670. Dispute Resolution Offer Prior to Recording Lien.
      7. § 5673. Board Approval Required to Record Lien.
      8. § 5675. Lien; Notice of Delinquent Assessment.
      9. § 5680. Priority of Lien.
      10. § 5685. Recording of Lien; Release of Lien; Notice of Rescission.
      11. § 5690. Failure to Comply with Article.
    3. Assessment Collection
      1. § 5700. Enforcement of Lien.
      2. § 5705. Prior to Foreclosure of Liens; Offer to Meet and Confer; Approval by Board.
      3. § 5710. Sale by Trustee.
      4. § 5715. Right of Redemption.
      5. § 5720. Assessment Collection Through Foreclosure.
      6. § 5725. Distinction Between Monetary Charge and Monetary Penalty.
      7. § 5730. Annual Policy Statement; Form Notice.
      8. § 5735. Limitation on Assignment of Right to Collect.
      9. § 5740. Applicability to Liens Created on or After January 1, 2003.
  9. Insurance and Liability
      1. § 5800. Limited Liability of Volunteer Officer or Director.
      2. § 5805. Liability of Owner in Tenancy-In-Common Common Area.
      3. § 5810. Notice of Insurance Policies.
  10. Dispute Resolution and Enforcement
    1. Discipline and Cost Reimbursement
      1. § 5850. Schedule of Monetary Penalties.
      2. § 5855. Requirements for Disciplinary Action by Board.
      3. § 5865. Board Authority to Impose Monetary Penalties.
    2. Internal Dispute Resolution
      1. § 5900. Internal Dispute Resolution.
      2. § 5905. Fair, Reasonable, and Expeditious Procedure.
      3. § 5910. Minimum Requirements of Dispute Resolution Procedure.
      4. § 5915. Statutory Default Procedure.
      5. § 5920. Inclusion in Annual Policy Statement.
    3. Alternative Dispute Resolution As Prerequisite To Civil Action
      1. § 5925. Alternative Dispute Resolution Definitions.
      2. § 5930. Litigation Pre-Filing Requirements.
      3. § 5935. Request for Resolution.
      4. § 5940. Completing the Process.
      5. § 5945. Statute of Limitiations.
      6. § 5950. Certificate Of Compliance.
      7. § 5955. Stay of Action During Alternative Dispute Resolution.
      8. § 5960. Consideration of Refusal to Participate in Alternative Dispute Resolution.
      9. § 5965. Summary of Alternative Dispute Resolution in Annual Policy Statement.
    4. Civil Action
      1. § 5975. Enforcement of Governing Documents.
      2. § 5980. Association Standing.
      3. § 5985. Allocation of Damages.
  11. Construction Defect Litigation
      1. § 6000. Filing a Claim for Construction Defects.
      2. § 6100. Disclosure of Settlement of Construction Defect Claim.
      3. § 6150. Pre-Filing Notice to Members.