2017 Davis-Stirling Common Interest Development …

1 2017. Davis-Stirling . Common Interest Development Act Davis-Stirling . Common Interest Development ACT. 2017 ED I TI ON. Published by EPSTEN GRINNELL & HOWELL, APC. A FULL SERVICE LAW FIRM SERVING CALIFORNIA COMMUNITY ASSOCIATIONS. Association Counsel Civil Litigation Association Appellate Matters Construction Defect Litigation Assessment Collection Construction Disputes Directors & Officers Defense Reconstruction Representation Dispute Resolution Developer Transition Issues Document Interpretation Insurance Matters Document Amendment Fair Housing Document Enforcement Senior Housing OFFICE LOCATIONS. San Diego Coachella Valley 10200 Willow Creek Rd., Suite 100 74830 Hwy. 111, Suite 100. San Diego, CA 92131 Indian Wells, CA 92210. | fax | fax Inland Empire Also Serving: 43460 Ridge Park Dr.

2 , Suite 200 The entire State of California Temecula, CA 92590 toll-free: | fax Davis-Stirling Common Interest Development ACT. 2017 EDITION. INTRODUCTION. This booklet contains the 2017 Davis-Stirling Act which adds all the amendments enacted during the 2016 Legislative session. We have again included the cross-reference / conversion tables for both the pre- and post-January 1, 2014 versions of the Act in Appendix A of this booklet to assist those of us who are still learning the location of the statutes under the current numbering system. Developments that are entirely commercial or industrial are not subject to this Act, but rather to the Commercial and Industrial Common Interest Development Act that took effect on January 1, 2014. There were no amendments to that act that have taken place since January 1, 2014.

3 We have a separate booklet containing just that statute. Brackets at the end of each section show the legislative year in which the bill was enacted or last amended, , [2016] for the statutes enacted in the 2016 session of the Legislature. Most new or amended statutes take effect on January 1 following the year enacted. Statutes with operative (effective) dates before or after January 1, 2017, are noted. All new statutes and amendments effective in 2017 are shown in bold, underlined italics throughout the Resource Book as are statutes previously enacted but newly-added to the Resource Book this year. We normally do not show the deletions. However, when a statute has been amended by deletions only, we have shown the location of the deletions with an empty bracket in bold underlined italics: [.]

4 ]. In our Digital 1 Version, the bold underlined italics are also in red. The symbol in the text of the statutes indicates the location of key words or topics that appear in the key word index at the back. When is located at the left margin, it means that the paragraph in question concerns that index topic. However, when is located at the left margin of the first paragraph, it may also indicate that the entire section or section heading relates to the index topic. For a complete listing of legislation see the official California Legislative Information website at (or Home Page ). From there, click on California Law where all the current California codes are available. The newly amended bills will appear there on and after January 1, 2017.

5 You can search for any current California code and section there. To view the bills introduced in any given year, click on Bill Information from the Home Page. To view enacted legislation or chaptered bills by year, see and enter the chapter number, year and/or key words. 1. Our digital version is accessible via our new Epsten Grinnell & Howell app (available at no cost via all major app stores) and is also available for download via our website, and select i/eBook apps ( Amazon, iBooks, Barnes & Noble, Nook, etc.). i TABLE OF CONTENTS. For a list of amended and newly added statutes with more details: Please see Appendix on page 54. The table below illustrates the significance of different font styles in the Table of Contents and the significance of colors used in the Digital Version only.

6 Font Style or Color or Both in Section Headings Significance Normal Font Section previously in Resource Book Underlined Headings Section amended this year Bold, Red, Italics and Underlined Headings Newly enacted or newly added this year (red color visible in Digital Version only). Blue Font Headings Additional sections contained only in the Digital Version, not in the Print Version Davis-Stirling Common Interest Development ACT 2017 EDITION .. I. I. TABLE OF CONTENTS ..II. Davis-Stirling Common Interest Development ACT .. 1. PART 5. Common Interest DEVELOPMENTS .. 1. CHAPTER 1. GENERAL PROVISIONS .. 1. ARTICLE 1. PRELIMINARY PROVISIONS .. 1. 4000. Title - Davis-Stirling Common Interest Development Act .. 1. 4005. Effect of Topic Headings.

7 1. 4010. Applicability; Construction .. 1. 4020. Effect of Local Zoning Ordinances .. 1. 4035. Document Delivery Methods .. 1. 4040. Individual Document Delivery .. 1. 4041. Annual Notice of Owner Information .. 1. 4045. General Document Delivery .. 2. 4050. Completion of Document Delivery .. 2. 4055. Electronic Delivery .. 2. 4065. Approval by Majority of All Members .. 2. 4070. Approval by Majority of a Quorum of Members .. 2. ARTICLE 2. DEFINITIONS .. 2. 4075. Defined Terms Govern Construction of Act .. 2. 4076. Annual Budget Report Defined .. 2. 4078. Annual Policy Statement Defined .. 2. 4080. Association Defined .. 2. 4085. Board Defined .. 2. 4090. Board Meeting Defined .. 2. 4095. Common Area Defined .. 3. 4100. Common Interest Development Defined.

8 3. 4105. Community Apartment Project Defined .. 3. 4110. Community Service Organization Defined .. 3. 4120. Condominium Plan Defined .. 3. 4125. Condominium Project Defined .. 3. 4130. Declarant Defined .. 3. 4135. Declaration Defined .. 3. 4140. Director Defined .. 4. 4145. Exclusive Use Common Area Defined .. 4. 4148. General Notice Defined .. 4. 4150. Governing Documents Defined .. 4. 4153. Individual Notice 4. 4155. Item of Business Defined .. 4. 4158. Managing Agent Defined .. 4. ii 4160. Member Defined .. 4. 4170. Person 4. 4175. Planned Development Defined .. 4. 4177. Reserve Accounts Defined .. 4. 4178. Reserve Account Requirements Defined .. 5. 4185. Separate Interest Defined .. 5. 4190. Stock Cooperative Defined .. 5. CHAPTER 2.

9 APPLICATION OF 5. 4200. Creating a Common Interest Development .. 5. 4201. Act Applies Only to Developments with Common Area .. 5. 4202. Sections Not Applicable to Industrial or Commercial CIDs .. 5. CHAPTER 3. GOVERNING DOCUMENTS .. 5. ARTICLE 1. GENERAL PROVISIONS .. 5. 4205. Hierarchy of Governing Documents and the Law .. 5. 4210. Recorded Assessment Information Statement .. 5. 4215. Liberal Construction of Governing Documents; Severability .. 6. 4220. Presumption Regarding Unit Boundaries .. 6. 4225. Mandatory Removal of Discriminatory Covenants .. 6. 4230. Amending Declaration to Delete Developer References .. 6. 4235. Correction of Statutory Cross-References; Changes Arising from Recodification .. 7. ARTICLE 2. DECLARATION .. 7. 4250.

10 Contents of Declaration .. 7. 4255. Disclosures; Airport Influence Area; San Francisco Bay Conservation and Development 7. 4260. Amending Declaration .. 7. 4265. Extending Term of Declaration .. 7. 4270. Declaration Amendment 8. 4275. Amending Declaration by Court Petition .. 8. ARTICLE 3. ARTICLES OF INCORPORATION .. 9. 4280. Association Articles of Incorporation .. 9. ARTICLE 4. CONDOMINIUM PLAN .. 9. 4285. Condominium Plan 9. 4290. Condominium Plan Consent to Recordation .. 9. 4295. Amending or Revoking Condominium Plan .. 9. ARTICLE 5. OPERATING RULES .. 9. 4340. Operating Rule; Rule Change Defined .. 9. 4350. Operating Rule Enforceability 10. 4355. Operating Rules Subject to Rule-Making Procedures .. 10. 4360. Rule-Making Procedures.