{
  "section": "5805",
  "code": "California Civil Code",
  "law_code": "CIV",
  "citation": "California Civil Code § 5805",
  "heading": "Owners of Common Area Held in Tenancy in Common",
  "heading_is_editorial": true,
  "effective": "2013-01-01",
  "amended_by": "Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.",
  "official_credit_line": "Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.",
  "official_url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=5805.",
  "page_url": "https://quoroom.org/law/insurance",
  "pending_amendment": null,
  "version_history": [],
  "verified": "two sources agree",
  "verification_note": "Text taken verbatim from the Legislative Counsel of California official code database and checked word for word against an independent publisher.",
  "sources": [
    {
      "url": "https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zip",
      "accessed": "2026-10-12",
      "name": "leginfo (Legislative Counsel official bulk code database, LAW_SECTION_TBL)",
      "note": "Authoritative. Retrieved with tools/fetch.py, which reads the archive's central directory by HTTP range request and fetches only this section's member. The leginfo.legislature.ca.gov HTML page sits behind a bot challenge; this is the same database that backs it."
    },
    {
      "url": "https://california.public.law/codes/civil_code_section_5805",
      "accessed": "2026-10-12",
      "name": "California Public Law (Public.Law)",
      "note": "Independent publisher, used to check the text word for word.",
      "edition": "2025"
    }
  ],
  "subdivisions": [
    {
      "id": "a",
      "label": "(a)",
      "text": "It is the intent of the Legislature to offer civil liability protection to owners of the separate interests in a common interest development that have common area owned in tenancy-in-common if the association carries a certain level of prescribed insurance that covers a cause of action in tort.",
      "anchor": "https://quoroom.org/law/insurance#s5805-a"
    },
    {
      "id": "b",
      "label": "(b)",
      "text": "Any cause of action in tort against any owner of a separate interest arising solely by reason of an ownership interest as a tenant-in-common in the common area of a common interest development shall be brought only against the association and not against the individual owners of the separate interests, if both of the insurance requirements in paragraphs (1) and (2) are met:",
      "anchor": "https://quoroom.org/law/insurance#s5805-b"
    },
    {
      "id": "b-1",
      "label": "(b)(1)",
      "text": "The association maintained and has in effect for this cause of action, one or more policies of insurance that include coverage for general liability of the association.",
      "anchor": "https://quoroom.org/law/insurance#s5805-b-1"
    },
    {
      "id": "b-2",
      "label": "(b)(2)",
      "text": "The coverage described in paragraph (1) is in the following minimum amounts:",
      "anchor": "https://quoroom.org/law/insurance#s5805-b-2"
    },
    {
      "id": "b-2-A",
      "label": "(b)(2)(A)",
      "text": "At least two million dollars ($2,000,000) if the common interest development consists of 100 or fewer separate interests.",
      "anchor": "https://quoroom.org/law/insurance#s5805-b-2-A"
    },
    {
      "id": "b-2-B",
      "label": "(b)(2)(B)",
      "text": "At least three million dollars ($3,000,000) if the common interest development consists of more than 100 separate interests.",
      "anchor": "https://quoroom.org/law/insurance#s5805-b-2-B"
    }
  ]
}