Go to Conversion Table: Previous Code to 2014 Code
| 2014 Code | Description | Previous Code |
|---|---|---|
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CHAPTER 1. GENERAL PROVISIONS |
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| Article 1 – Preliminary Provisions | ||
| § 4000 | Short title | § 1350 |
| § 4005 | Effect of headings on scope, meaning, or intent of act | § 1350.5 |
| § 4010 | Construction of prior law | None |
| § 4020 | Construction of zoning ordinance | § 1372 |
| § 4035 | Delivery of document to association | None |
| § 4040 | Individual delivery or individual notice | § 1350.7 |
| § 4040(b) | Individual delivery or individual notice to secondary address | § 1365.1 §1367.1(k) |
| § 4045 | General delivery or general notice | § 1350.7 |
| § 4050 | Time of delivery | § 1350.7 |
| § 4055 | Electronic delivery and requirements | None |
| § 4065 | Approval by majority of quorum of votes entitled to be cast | None |
| § 4070 | Approved by majority of quorum | None |
| Article 2 – Definitions | ||
| § 4075 | Construction of act (definitions) | § 1351 (intro.) |
| § 4076 | “Annual budget report” | None |
| § 4078 | “Annual policy statement” (defined) | None |
| § 4080 | “Association” (defined) | § 1351(a) |
| § 4085 | “Board” (defined) | None |
| § 4090 | “Board meeting” (defined) | § 1363.05(k)(2) |
| § 4095 | “Common area” (defined) | § 1351(b) |
| § 4100 | “Common interest development” (defined) | § 1351(c) |
| § 4105 | “Community apartment project” (defined) | § 1351(d) |
| § 4110 | “Community service organization or similar entity” (defined) | § 1368(c)(3) |
| § 4120 | “Condominium plan” (defined) | None |
| § 4125 | “Condominium project” (defined) | § 1351(f) |
| § 4130 | “Declarant” (defined) | § 1351(g) |
| § 4135 | “Declaration” (defined) | § 1351(h) |
| § 4140 | “Director” (defined) | None |
| § 4145 | “Exclusive use common area” (defined) | § 1351(i) |
| § 4148 | “General notice” (defined) | None |
| § 4150 | “Governing documents” (defined) | § 1351(j) |
| § 4153 | “Individual notice” (defined) | None |
| § 4155 | “Item of business” (defined) | § 1363.05(k)(1) |
| § 4158 | “Managing agent” (defined) | § 1363.1(b) |
| § 4160 | “Member” (defined) | None |
| § 4170 | “Person” (defined) | None |
| § 4175 | “Planned development” (defined) | § 1351(k) |
| § 4177 | “Reserve accounts” (defined) | § 1365.5(f) |
| § 4178 | “Reserve account requirements” (defined) | § 1365.5(g) |
| Omitted | § 1365.5(h) | |
| § 4185 | “Separate interest” (defined) | § 1351(l) |
| § 4190 | “Stock cooperative” (defined) | § 1351(m) |
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CHAPTER 2. APPLICATION OF ACT |
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| § 4200 | Creation of common interest development (application of act) | § 1352 |
| § 4201 | Development not containing common area (application of act) | § 1374 |
| § 4202 | Developments expressly zoned as industrial or commercial and limited to such purposes; exclusions | § 1373, § 1363.07(a)(3)(F) |
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CHAPTER 3. GOVERNING DOCUMENTS |
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| Article 1 – General Provisions | ||
| § 4205 | Authority of documents | None |
| § 4210 | Statements for collection of regular and special assessments, transfer fees and other charges | § 1366.2(a) |
| Omitted | § 1366.2(b) | |
| § 4215 | Liberal construction of instruments | § 1370 |
| § 4220 | Boundaries of units; presumptions | § 1371 |
| § 4225(a)-(b), (d) | Restrictive covenants; deletion from declaration or other governing document; record or filing of amended document | § 1352.5 |
| § 4230 | Amendment to governing documents to delete construction or marketing provisions after completion by developer; requirements | § 1355.5 |
| § 4235 | Correction of statutory references in documents | None |
| Article 2 – Declaration | ||
| § 4250 | Content of declarations | § 1353(a)(1) |
| § 4255 | Notice of airport in vicinity; notice of San Francisco Bay Conservation and Development Commission jurisdiction | § 1353(a)(1)-(4) |
| § 4260 | Amendment of declaration; authorization | § 1355(b) (1st sent.) |
| § 4265 | Extension of term of declaration | § 1357(a) |
| Omitted | § 1357(c) | |
| § 4270 | Amendment of declaration; procedure | § 1355 |
| § 4275 | Amendment of declaration; petition; contents; filing; finding by court; power of court to approve amendment; recording amendment; delivery | § 1356 |
| Article 3 – Articles of Incorporation | ||
| § 4280 | Association articles of incorporation; required | § 1363.5 |
| Article 4 – Condominium Plan | ||
| § 4285 | Contents of condominium plan | None |
| § 4290 | Certificate consenting to recordation | None |
| § 4295 | Amendment or revocation of condominium plan | None |
| Article 5 – Operating Rules | ||
| § 4340 | Definitions; operating rule; rule change | § 1357.100(a) |
| § 4350 | Requirements for validity and enforceability | § 1357.110 |
| § 4355 | Approved subject matters; board action to propose rule change; special meeting of members to reverse rule change | § 1357.120 |
| § 4360 | Proposed rule change by board action; notice; meeting | § 1357.130 |
| § 4365 | Special meeting of members to reverse rule change; notice; voting requirements; effect of approved reversal | § 1357.140 |
| § 4370 | Applicability of article to changes commenced before and after January 1, 2004 | § 1357.150 |
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CHAPTER 4. OWNERSHIP AND TRANSFER OF INTERESTS |
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| Article 1 – Ownership Rights and Interests | ||
| § 4500 | Ownership of common areas | § 1362 |
| § 4505 | Rights and easements of ingress, egress and support | § 1361 |
| § 4510 | Physical access to owners or occupants separate interest | § 1361.5 |
| Article 2 – Transfer Disclosure | ||
| § 4525 | Sale or title transfer; provision of specified items to prospective purchasers | § 1368(a) |
| § 4528 | Billing disclosures form | § 1368.2 |
| § 4530 | Copies of requested documents; fees | § 1368(b) |
| § 4535 | Additional requirements | § 1368(f) |
| § 4540 | Violations; penalties; attorney fees | § 1368(d) |
| § 4545 | Validity of title transferred in violation of article | § 1368(e) |
| Article 3 – Transfer Fee | ||
| § 4575 | Transfer fees prohibited; exceptions | § 1368(c)(1) |
| § 4580 | Application of transfer fee prohibition | § 1368(c)(2) |
| Article 4 – Restrictions on Transfers | ||
| § 4600 | Exclusive use of common area; affirmative vote required; exceptions; contents of proposed measure | § 1363.07 |
| § 4605 | Remedies | § 1363.09(a)-(b) |
| § 4610 | Restrictions on partition | § 1359 |
| § 4615 | Liens for labor and materials | § 1369 |
| Article 5 – Transfer of Separate Interest | ||
| § 4625 | Community apartment project; interests included in conveyance, judicial sale or transfer of separate interests | § 1358(a) |
| § 4630 | Condominium project; interests included in conveyance, judicial sale or transfer of separate interests | § 1358(b) |
| § 4635 | Planned development; interests included in conveyance, judicial sale or transfer of separate interests | § 1358(c) |
| § 4640 | Stock cooperative; interests included in conveyance, judicial sale or transfer of separate interests | § 1358(d) |
| § 4645 | Transfer of exclusive use areas | § 1358 |
| § 4650 | Restrictions upon severability of component interests | § 1358 |
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CHAPTER 5. PROPERTY USE AND MAINTENANCE |
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| Article 1. Protected Uses | ||
| § 4700. | Scope of article; related provisions | |
| § 4705. | Display of United States flag by owner on or in owner’s separate interest or within exclusive use common area |
§ 1353.5 |
| § 4710. | Prohibition of posting or displaying noncommercial signs, posters, flags, or banners; permitted placement of posting or displaying; exceptions |
§ 1353.6 |
| § 4715. | Pets within common interest developments | § 1360.5 |
| § 4720. | Roof installation or repair; roofing materials | § 1353.7 |
| § 4725. | Restrictions on installation or use of video or television antenna; enforceability based on size; reasonable restrictions; application approval; attorney’s fees |
§ 1376 |
| § 4730. | Prohibition against association rule or regulation that arbitrarily or unreasonably restricts owner’s ability to market his or her interest in common development; other enumerated restrictions |
§ 1368.1 |
| § 4735. | Governing documents; void and unenforceable provisions | § 1353.8 |
| § 4740. | Rental or leasing of separate interests; provisions in governing documents | § 1360.2 |
| § 4745. | Electric vehicle charging stations | § 1353.9 |
| Article 2. Modification of Separate Interest | ||
| § 4760. | Modification of member’s separate interest; facilitation of access for handicapped; approval by project association |
§ 1360 |
| § 4765. | Physical change to member’s separate interest or common area; requirements to approve or disapprove proposed changes; notice of requirements |
§ 1378 |
| Article 3. Maintenance | ||
| § 4775. | Responsibility for repair, replacement, or maintenance | § 1364 |
| § 4780. | Damage by wood-destroying pests or organisms | § 1364 |
| § 4785. | Temporary removal of occupant for treatment of wood-destroying pests or organisms | § 1364 |
| § 4790. | Access for maintenance of telephone wiring | § 1364 |
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CHAPTER 6. ASSOCIATION GOVERNANCE |
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| Article 1 – Association Existence and Powers | ||
| § 4800 | Management by association | § 1363(a) |
| § 4805 | Powers of association | § 1363(c) |
| § 4820 | Consolidation of associations | § 1363(h) |
| Article 2 – Board Meeting | ||
| § 4900 | Short title | § 1363.05(a) |
| § 4910 | Action on items outside of meeting prohibited; electronic transmissions as method of conducting meeting | § 1363.05(j) |
| § 4920 | Notice | § 1363.05(f) |
| § 4923 | Emergency board meetings | § 1363.05(g) |
| § 4925(a) | Board meeting; open | § 1363.05 |
| § 4930 | Subjects of meeting; issues not on agenda | § 1363.05(i) |
| § 4935 | Executive meeting | § 1363.05 |
| § 4950 | Minutes | § 1363.05(d), (e) |
| § 4955 | Civil action for violation of article; costs and attorney fees | § 1363.09(a)-(b) |
| Article 3 – Member Meeting | ||
| § 5000(a) | Use of parliamentary procedure | § 1363(d) |
| § 5000(b) | Member right to speak; reasonable time limitation | § 1363.05(h) |
| Article 4 – Member Election | ||
| § 5100 | Scope of article | § 1363.03 |
| § 5105 | Rules | § 1363.03 |
| § 5110 | Inspector of elections | § 1363.03(c) |
| § 5115(a) | Ballots; quorum; cumulative voting; election by mail; inclusion of text of proposed amendment of governing documents | § 1363.03(e) |
| § 5115(e) | Ballots; inclusion of text of proposed amendment of governing documents | § 1355(b)(1) |
| § 5120 | Counting and tabulation of votes; reporting of tabulated results | § 1363.03 |
| § 5125 | Custody of Ballots | § 1363.03 |
| § 5130 | Proxies; definitions | § 1363.03(d) |
| § 5135 | Campaign funding | § 1363.04 |
| § 5145 | Civil action for violation of article; attorney’s fees and costs; small claims court | § 1363.09 |
| Article 5 – Record Inspection | ||
| § 5200 | Definitions | § 1365.2 |
| § 5205 | Availability to members | § 1365.2 |
| § 5210 | Time period of required availability | § 1365.2 |
| § 5215 | Redaction | § 1365.2 |
| § 5220 | Information sharing; member opt out | § 1365.2 |
| § 5225 | Request for membership list | § 1365.2 |
| § 5230 | Prohibited use of list | § 1365.2 |
| § 5235 | Remedies | § 1365.2 |
| § 5240 | Construction with Corporations Code | § 1365.2, § 1363 |
| Article 6 – Record Keeping | ||
| § 5260 | Requests to be delivered in writing | None |
| Article 7 – Annual Reports | ||
| § 5300 | Annual budget report | § 1365, § 1365.2.5 |
| § 5305 | Standards for preparation of review of financial statement of association | § 1365 |
| § 5310 | Annual policy statement; contents | § 1365 |
| § 5320 | Delivery of reports | § 1365 |
| Article 8 – Conflict of Interest | ||
| § 5350 | Applicability of Corporations Code provisions; prohibited actions | § 1365.6 |
| Article 9 – Managing Agent | ||
| § 5375 | Prospective managing agent; written disclosures | § 1363.1(a) |
| § 5380 | Managing agent; deposit of funds received; requirements; separate record commingling of funds | § 1363.2 |
| § 5385 | “Managing agent” does not include full time employees of association | § 1363.1, § 1363.2 |
| Article 10 – Government Assistance | ||
| § 5400 | Online education course regarding role, duties, laws and responsibilities of board of directors and prospective board directors and nonjudicial foreclosure process | § 1363.001 |
| § 5405 | Assistance with identification of common interest development; submissions of information by each association; time; notice of change of address; penalty for violation of filing requirements; availability of information | § 1363.6 |
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CHAPTER 7. FINANCES |
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| Article 1 — Accounting | ||
| § 5500 | Duties of board | § 1365.5(a) |
| Article 2 – Use of Reserve Funds | ||
| § 5510 | Signatures required for withdrawals; purpose of expenditure | § 1365.5 |
| § 5515 | Temporary transfers to general operating fund | § 1365.5(c)(2) |
| § 5520 | Notice of action; accounting of expenses | § 1365.5(d) |
| Article 3 – Reserve Planning | ||
| § 5550 | Inspection of components; study minimum requirements | § 1365.5(e |
| § 5560 | Reserve funding plan; inclusion of schedule of change in assessments; adoption by board; separate approval of assessment increase | § 1365.5(e) |
| § 5565 | Summary of association reserves; contents | § 1365(a)(2)(A)-(D) |
| § 5570 | Form of disclosure of fiscal matters | § 1365.2.5 |
| § 5580 | Community service organization reports; information on components to complete disclosures or reserve reports; reliance upon access to information | § 1365.3 |
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CHAPTER 8. ASSESSMENTS AND ASSESSMENT COLLECTION |
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| Article 1 – Establishment and Imposition of Assessments | ||
| § 5600 | Levy of assessments; limit on amount | § 1366, § 1366.1 |
| § 5605 | Limitation on increases | § 1366 |
| § 5610 | Increases for emergency situations | § 1366 |
| § 5615 | Individual notice of increases | § 1366(d) |
| § 5620 | Exemption from execution by judgment creditor of association | § 1366(c) |
| § 5625 | Levies on separate interests | § 1366.4 |
| Article 2 – Assessment Payment and Delinquency | ||
| § 5650 | Debt or owner of separate interest; time of delinquency; interest | § 1367.1, § 1366 |
| § 5650(b) | Delinquent assessments | § 1366(e) |
| § 5655 | Application of payment; receipt; mailing address for overnight payment | § 1367.1(b) |
| § 5658 | Disputed charge on sum levied | § 1367.6 |
| § 5660 | Notice; contents; Pre-lien Notice | § 1367.1 |
| § 5665 | Payment plans; request; meeting; contents; default | § 1367.1 |
| § 5670 | Dispute resolution; prior to recording a lien | § 1367.1(c)(1)(A) |
| § 5673 | Recording lien; decision made by board | § 1367.1(c)(2) |
| § 5675 | Lien on separate interest; notice of delinquent assessment | § 1367.1(d) |
| § 5680 | Priority; lien | § 1367.1(f) |
| § 5685 | Recording of lien; release of lien | § 1367.1 |
| § 5685(c) | Liens recorded in error; reversal of charges and fees | § 1367.5 |
| § 5690 | Recommencement of notice process for failure to comply with procedures | § 1367.1(l) |
| Article 3 – Assessment Collection | ||
| § 5700(a) | Enforcement of lien | § 1367.1 |
| § 5705 | Debts for assessments that arise on and after Jan. 1, 2006; dispute resolution; board to make decision to initiate foreclosure of lien; notice | § 1367.4, § 1367.1 |
| § 5710 | Trustee sale; procedure; notice; trustee fees | § 1367.1 |
| § 5715 | Debts for assessments that arise on and after Jan. 1, 2006; nonjudicial foreclosure; | § 1367.4 |
| § 5720 | Debts for assessments that arise on and after Jan. 1, 2006; collection of delinquent assessments; application of limitation on foreclosure of assessment liens | § 1367.4 |
| § 5725 | Monetary charge for repair of damage to common area facilities; monetary penalties; limits on foreclosure of lien | § 1367.1 |
| § 5730 | Inclusion of notice in annual policy statement | § 1365.1 |
| § 5735 | Assignment of pledge prohibited; exception | § 1367.1(g) |
| § 5740 | Application of article to liens | § 1367 § 1367.1(m) |
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CHAPTER 9. INSURANCE AND LIABILITY |
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| § 5800 | Tortious act or omission of volunteer officer or director of association managing residential development; liability; criteria; limitations | § 1365.7 |
| § 5805 | Tort actions against owner of separate interest; tenant-in-common in common area; association liability; insurance requirements | § 1365.9 |
| § 5810 | Individual notice to members of changes in insurance coverage | § 1365(f)(2) |
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CHAPTER 10. DISPUTE RESOLUTION AND ENFORCEMENT |
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| Article 1 – Discipline and Cost Reimbursement | ||
| § 5850 | Monetary penalties; provision of information to members | § 1363(f) |
| § 5855 | Board disciplinary proceedings; notice to member | § 1363(g) |
| § 5865 | Authority of board to impose monetary penalties | § 1363(i) |
| Article 2 – Internal Dispute Resolution | ||
| § 5900 | Application of article | § 1363.810 |
| § 5905 | Fair, reasonable, and expeditious procedure to resolve disputes; use of local dispute resolution programs | § 1363.820 |
| § 5910 | Requirements of fair reasonable and expeditious dispute resolution program | § 1363.830 |
| § 5915 | Application of section; use of procedures; dispute resolution agreements; conditions; fees | § 1363.840 |
| § 5920 | Annual policy statement; description of internal dispute resolution process | § 1363.850 |
| Article 3 – Alternative Dispute Resolution Prerequisite to Civil Action | ||
| § 5925 | Definitions | § 1369.510 |
| § 5930 | Filing enforcement actions; application of section | § 1369.520 |
| § 5935 | Initiation of process; serving a request for resolution; personal delivery; acceptance or rejection of request | § 1369.530 |
| § 5940 | Timeline for completion of alternative dispute resolution; application of evidence code; costs | § 1369.540 |
| § 5945 | Tolling of statute of limitations | § 1369.550 |
| § 5950 | Certificates filed with initial pleading; grounds for demurrer or motion to strike | § 1369.560 |
| § 5955 | Referral of actions to alternative dispute resolution; stay of referred action; costs | § 1369.570 |
| § 5960 | Award of fees and costs | § 1369.580 |
| § 5965 | Annual summary of provisions of article; contents of summary; inclusion in annual policy statement | § 1369.590 |
| Article 4 – Civil Actions | ||
| § 5975 | Covenants and restrictions in declaration as equitable servitudes; enforcement; alternative dispute resolution | § 1354 |
| § 5980 | Standing | § 1368.3 |
| § 5985 | Reduction of damages awarded; comparative fault of association | § 1368.4 |
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CHAPTER 11. CONSTRUCTION DEFECT LITIGATION |
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| § 6000 | Actions for damages | § 1375 |
| § 6100 | Settlement agreements regarding alleged defects; notice of resolution to members on record; disclosures | § 1375.1 |
| § 6150 | Written notice to members prior to filing civil action; contents | § 1368.5 |
