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Davis-Stirling Common Interest Development Act

Part 5.  Common Interest Developments

Chapter 5.  Property Use and Maintenance

Article 3.  Maintenance

§4777.
Application of Pesticides by Non-Licensed Persons.

(a) For the purposes of this section:

(1) “Adjacent separate interest” means a separate interest that is directly beside, above, or below a particular separate interest or the common area.

(2) “Authorized agent” means an individual, organization, or other entity that has entered into an agreement with the association to act on the association’s behalf.

(3) “Broadcast application” means spreading pesticide over an area greater than two square feet.

(4) “Electronic delivery” means delivery of a document by electronic means to the electronic address at, or through which, an owner of a separate interest has authorized electronic delivery.

(5) “Licensed pest control operator” means anyone licensed by the state to apply pesticides.

(6) “Pest” means a living organism that causes damage to property or economic loss, or transmits or produces diseases.

(7) “Pesticide” means any substance, or mixture of substances, that is intended to be used for controlling, destroying, repelling, or mitigating any pest or organism, excluding antimicrobial pesticides as defined by the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136(mm)).

(b) (1) An association or its authorized agent that applies any pesticide to a separate interest or to the common area without a licensed pest control operator shall provide the owner and, if applicable, the tenant of an affected separate interest and, if making broadcast applications, or using total release foggers or aerosol sprays, the owner and, if applicable, the tenant in an adjacent separate interest that could reasonably be impacted by the pesticide use with written notice that contains the following statements and information using words with common and everyday meaning:

(A) The pest or pests to be controlled.

(B) The name and brand of the pesticide product proposed to be used.

(C) “State law requires that you be given the following information: CAUTION – PESTICIDES ARE TOXIC CHEMICALS. The California Department of Pesticide Regulation and the United States Environmental Protection Agency allow the unlicensed use of certain pesticides based on existing scientific evidence that there are no appreciable risks if proper use conditions are followed or that the risks are outweighed by the benefits. The degree of risk depends upon the degree of exposure, so exposure should be minimized.

If within 24 hours following application of a pesticide, a person experiences symptoms similar to common seasonal illness comparable to influenza, the person should contact a physician, appropriate licensed health care provider, or the California Poison Control System (1-800-222-1222).

For further information, contact any of the following: for Health Questions – the County Health Department (telephone number) and for Regulatory Information – the Department of Pesticide Regulation (916-324-4100).”

(D) The approximate date, time, and frequency with which the pesticide will be applied.

(E) The following notification:

“The approximate date, time, and frequency of this pesticide application is subject to change.”

(2) At least 48 hours prior to application of the pesticide to a separate interest, the association or its authorized agent shall provide individual notice to the owner and, if applicable, the tenant of the separate interest and notice to an owner and, if applicable, the tenant occupying any adjacent separate interest that is required to be notified pursuant to paragraph (1).

(3) (A) At least 48 hours prior to application of the pesticide to a common area, the association or its authorized agent shall, if practicable, post the written notice described in paragraph (1) in a conspicuous place in or around the common area in which the pesticide is to be applied. Otherwise, if not practicable, the association or its authorized agent shall provide individual notice to the owner and, if applicable, the tenant of the separate interest that is adjacent to the common area.

(B) If the pest poses an immediate threat to health and safety, thereby making compliance with notification prior to the pesticide application unreasonable, the association or its authorized agent shall post the written notice as soon as practicable, but not later than one hour after the pesticide is applied.

(4) Notice to tenants of separate interests shall be provided, in at least one of the following ways:

(A) First-class mail.

(B) Personal delivery to a tenant 18 years of age or older.

(C) Electronic delivery, if an electronic mailing address has been provided by the tenant.

(5) (A) Upon receipt of written notification, the owner of the separate interest or the tenant may agree in writing or, if notification was delivered electronically, the tenant may agree through electronic delivery, to allow the association or authorized agent to apply a pesticide immediately or at an agreed upon time.

(B) (i) Prior to receipt of written notification, the association or authorized agent may agree orally to an immediate pesticide application if the owner or, if applicable, the tenant requests that the pesticide be applied before the 48-hour notice of the pesticide product proposed to be used.

(ii) With respect to an owner or, if applicable, a tenant entering into an oral agreement for immediate pesticide application, the association or authorized agent, no later than the time of pesticide application, shall leave the written notice specified in paragraph (1) in a conspicuous place in the separate interest or at the entrance of the separate interest in a manner in which a reasonable person would discover the notice.

(iii) If any owner or, if applicable, any tenant of a separate interest or an owner or, if applicable, a tenant of an adjacent separate interest is also required to be notified pursuant to this subparagraph, the association or authorized agent shall provide that person with this notice as soon as practicable after the oral agreement is made authorizing immediate pesticide application, but in no case later than commencement of application of the pesticide.

(6) A copy of a written notice provided pursuant to paragraph (1) shall be attached to the minutes of the board meeting immediately subsequent the application of the pesticide.

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.Common Area Maintenance Effective 1/1/2017
§ 4777.Application of Pesticides by Non-Licensed Persons
§ 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.Filing a Claim for Construction Defects
§ 6100.Disclosure to Members; Resolution of Design or Construction Defect Dispute
§ 6150.Pre-Filing Notice to Members; Requirements
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