California · Davis-Stirling Act · Chapter 1

The words the Act uses, and what it means by them.

Twenty-eight definitions and four provisions about how the Act reads itself. Most are a single line. Several of those single lines settle arguments that fill the rest of this site — who counts as a member, whose balcony it is, and what the board is allowed to put on an agenda.

Sections Civ. Code §§ 4000–4020, 4075–4190 Chapter 1, General Provisions · Articles 1 and 2 Reproduced 32 Text verified 2026-10-12

§ 4075 is the hinge: the definitions in this article govern the construction of this act. Everything below is therefore not commentary on the Act but part of it, and a governing document using one of these words in a different sense does not change what the statute means by it.

Four kinds of development, and four meanings of what you own

§ 4100 says a common interest development is one of exactly four things: a community apartment project, a condominium project, a planned development or a stock cooperative. Each then gets its own definition — §§ 4105, 4125, 4175 and 4190.

And each gets its own answer to the question that matters most. § 4185(a) gives separate interest four different meanings depending on which of the four you live in:

Community
apartmentThe exclusive right to occupy an apartment.
CondominiumA separately owned unit — a volume of space whose boundaries a recorded map or condominium plan describes.
Planned
developmentA separately owned lot, parcel, area or space.
Stock
cooperativeThe shareholder's right of exclusive occupancy — the corporation holds the title.

That is why the same question gets different answers in two communities down the same street. In a condominium you own a space; in a planned development you own land; in a stock cooperative you own shares and a right to live there.

Eight words that decide who votes

§ 4160: "Member" means an owner of a separate interest. That is the whole franchise. Not a resident, not a tenant, not a household — the owner of a separate interest, as § 4185 defines it for that kind of development. Every quorum calculation, every threshold and every ballot on this site resolves back to those eight words.

The balcony provision

§ 4145(a) defines exclusive use common area as a portion of the common area the declaration designates for the use of one or more — but fewer than all — of the owners, appurtenant to their separate interests.

§ 4145(b) then supplies a default list, and it is the provision that decides most maintenance disputes before they start. Unless the declaration provides otherwise, shutters, awnings, window boxes, doorsteps, stoops, porches, balconies, patios, exterior doors and doorframes are exclusive use common area. They are not part of your separate interest, and they are not plain common area either — which is exactly why § 4775(a)(4) splits the duty over them: the owner maintains, the association repairs and replaces.

What the board is, and what it may act on

§ 4085 and § 4140 are one line each: the board is the board of directors of the association, and a director is a natural person. An entity cannot hold a seat, however many interests it owns.

§ 4090 defines a board meeting in two limbs: a congregation of enough directors to make a quorum, at the same time and place, to hear, discuss or deliberate on an item of business — or a teleconference connecting enough directors in different locations to do the same. The second limb is why the open-meeting rules reach a video call.

§ 4155 defines the item of business the board may act on: any action within its authority, except actions it has validly delegated — to another person, the managing agent, an officer, or a committee smaller than a quorum of the board. The exception is the test for whether something belongs on the agenda at all.

Who manages, and who is not a manager

§ 4158(a): a managing agent is a person who, for compensation or in expectation of it, exercises control over the assets of a common interest development. Subdivision (b) then carves out a regulated financial institution acting in its normal business, and an attorney acting within the scope of their licence — which is why the rules on managing agents do not reach the association's bank or its lawyer.

Notice, by its two statutory names

§ 4148 and § 4153 are pure cross-references, and worth knowing because the rest of the Act uses the shorthand constantly. General notice means delivery under § 4045; individual notice means delivery under § 4040. Which one a provision calls for decides whether a member gets a letter or a posting — see how notice reaches a member.

§ 4150 gathers the paperwork: governing documents means the declaration and any other document that governs the operation of the development or the association — bylaws, operating rules, articles of incorporation or association. A rule adopted by the board is a governing document, which is why so many sections of the Act that void "a provision of a governing document" reach the rulebook as well as the CC&Rs.

How the Act reads itself

§ 4000Names the part the Davis-Stirling Common Interest Development Act, and allows it to call itself "the act".
§ 4005Headings — of a division, part, title, chapter, article or section — do not in any manner affect the scope, meaning or intent. Including, it follows, the editorial headings this site puts above each reproduction.
§ 4010A savings clause: nothing in the 2014 reorganisation invalidates a document prepared or an action taken before 1 January 2014 if it was proper under the law at the time. With one carve-out that matters — "document" does not include a governing document.
§ 4020Unless a contrary intent is clearly expressed, a local zoning ordinance is read to treat like structures alike regardless of the form of the development. A city may not zone condominiums differently from identical houses by accident.

Civil Code § 4000 — the text

Name of the Act
Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.

This part shall be known and may be cited as the Davis-Stirling Common Interest Development Act. In a provision of this part, the part may be referred to as the act.

Reproduced verbatim from the California Legislative Counsel's published text and verified word-for-word against a second source (leginfo (Legislative Counsel official bulk code database, LAW_SECTION_TBL) · California Public Law (Public.Law)). California statutes are government edicts and carry no copyright. This is an unofficial reproduction — the official version is published by the Legislative Counsel at leginfo.legislature.ca.gov, and that version governs.
Machine-readable: /data/4000.json — the same text with its subdivision anchors, dates and sources.

Civil Code § 4005 — the text

Headings Do Not Affect Meaning
Amended by Stats. 2013, Ch. 183, Sec. 7. (SB 745) Effective January 1, 2014.

Division, part, title, chapter, article, and section headings do not in any manner affect the scope, meaning, or intent of this act.

Reproduced verbatim from the California Legislative Counsel's published text and verified word-for-word against a second source (leginfo (Legislative Counsel official bulk code database, LAW_SECTION_TBL) · California Public Law (Public.Law)). California statutes are government edicts and carry no copyright. This is an unofficial reproduction — the official version is published by the Legislative Counsel at leginfo.legislature.ca.gov, and that version governs.
Machine-readable: /data/4005.json — the same text with its subdivision anchors, dates and sources.

Civil Code § 4010 — the text

Documents and Actions Taken Before 1 January 2014
Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.

Nothing in the act that added this part shall be construed to invalidate a document prepared or action taken before January 1, 2014, if the document or action was proper under the law governing common interest developments at the time that the document was prepared or the action was taken. For the purposes of this section, “document” does not include a governing document.

Reproduced verbatim from the California Legislative Counsel's published text and verified word-for-word against a second source (leginfo (Legislative Counsel official bulk code database, LAW_SECTION_TBL) · California Public Law (Public.Law)). California statutes are government edicts and carry no copyright. This is an unofficial reproduction — the official version is published by the Legislative Counsel at leginfo.legislature.ca.gov, and that version governs.
Machine-readable: /data/4010.json — the same text with its subdivision anchors, dates and sources.

Civil Code § 4020 — the text

Local Zoning — Like Structures Treated Alike
Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.

Unless a contrary intent is clearly expressed, a local zoning ordinance is construed to treat like structures, lots, parcels, areas, or spaces in like manner regardless of the form of the common interest development.

Reproduced verbatim from the California Legislative Counsel's published text and verified word-for-word against a second source (leginfo (Legislative Counsel official bulk code database, LAW_SECTION_TBL) · California Public Law (Public.Law)). California statutes are government edicts and carry no copyright. This is an unofficial reproduction — the official version is published by the Legislative Counsel at leginfo.legislature.ca.gov, and that version governs.
Machine-readable: /data/4020.json — the same text with its subdivision anchors, dates and sources.

Civil Code § 4075 — the text

The Definitions Govern the Construction of the Act
Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.

The definitions in this article govern the construction of this act.

Reproduced verbatim from the California Legislative Counsel's published text and verified word-for-word against a second source (leginfo (Legislative Counsel official bulk code database, LAW_SECTION_TBL) · California Public Law (Public.Law)). California statutes are government edicts and carry no copyright. This is an unofficial reproduction — the official version is published by the Legislative Counsel at leginfo.legislature.ca.gov, and that version governs.
Machine-readable: /data/4075.json — the same text with its subdivision anchors, dates and sources.

Civil Code § 4076 — the text

“Annual Budget Report”
Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.

“Annual budget report” means the report described in Section 5300.

Reproduced verbatim from the California Legislative Counsel's published text and verified word-for-word against a second source (leginfo (Legislative Counsel official bulk code database, LAW_SECTION_TBL) · California Public Law (Public.Law)). California statutes are government edicts and carry no copyright. This is an unofficial reproduction — the official version is published by the Legislative Counsel at leginfo.legislature.ca.gov, and that version governs.
Machine-readable: /data/4076.json — the same text with its subdivision anchors, dates and sources.

Civil Code § 4078 — the text

“Annual Policy Statement”
Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.

“Annual policy statement” means the statement described in Section 5310.

Reproduced verbatim from the California Legislative Counsel's published text and verified word-for-word against a second source (leginfo (Legislative Counsel official bulk code database, LAW_SECTION_TBL) · California Public Law (Public.Law)). California statutes are government edicts and carry no copyright. This is an unofficial reproduction — the official version is published by the Legislative Counsel at leginfo.legislature.ca.gov, and that version governs.
Machine-readable: /data/4078.json — the same text with its subdivision anchors, dates and sources.

Civil Code § 4080 — the text

“Association”
Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.

“Association” means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development.

Reproduced verbatim from the California Legislative Counsel's published text and verified word-for-word against a second source (leginfo (Legislative Counsel official bulk code database, LAW_SECTION_TBL) · California Public Law (Public.Law)). California statutes are government edicts and carry no copyright. This is an unofficial reproduction — the official version is published by the Legislative Counsel at leginfo.legislature.ca.gov, and that version governs.
Machine-readable: /data/4080.json — the same text with its subdivision anchors, dates and sources.

Civil Code § 4085 — the text

“Board”
Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.

“Board” means the board of directors of the association.

Reproduced verbatim from the California Legislative Counsel's published text and verified word-for-word against a second source (leginfo (Legislative Counsel official bulk code database, LAW_SECTION_TBL) · California Public Law (Public.Law)). California statutes are government edicts and carry no copyright. This is an unofficial reproduction — the official version is published by the Legislative Counsel at leginfo.legislature.ca.gov, and that version governs.
Machine-readable: /data/4085.json — the same text with its subdivision anchors, dates and sources.

Civil Code § 4090 — the text

“Board Meeting”
Amended by Stats. 2023, Ch. 203, Sec. 2. (AB 648) Effective January 1, 2024.

“Board meeting” means either of the following:

(a)A congregation, at the same time and place, of a sufficient number of directors to establish a quorum of the board, to hear, discuss, or deliberate upon any item of business that is within the authority of the board.

(b)A teleconference, where a sufficient number of directors to establish a quorum of the board, in different locations, are connected by electronic means, through audio or video, or both. A teleconference meeting shall be conducted in a manner that protects the rights of members of the association and otherwise complies with the requirements of this act. Except for a meeting that will be held solely in executive session or conducted under Section 4926 or 5450, the notice of the teleconference meeting shall identify at least one physical location so that members of the association may attend, and at least one director or a person designated by the board shall be present at that location. Participation by directors in a teleconference meeting constitutes presence at that meeting as long as all directors participating are able to hear one another, as well as members of the association speaking on matters before the board.

Reproduced verbatim from the California Legislative Counsel's published text and verified word-for-word against a second source (leginfo (Legislative Counsel official bulk code database, LAW_SECTION_TBL) · California Public Law (Public.Law)). California statutes are government edicts and carry no copyright. This is an unofficial reproduction — the official version is published by the Legislative Counsel at leginfo.legislature.ca.gov, and that version governs.
Machine-readable: /data/4090.json — the same text with its subdivision anchors, dates and sources.

Civil Code § 4095 — the text

“Common Area”
Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.

(a)“Common area” means the entire common interest development except the separate interests therein. The estate in the common area may be a fee, a life estate, an estate for years, or any combination of the foregoing.

(b)Notwithstanding subdivision (a), in a planned development described in subdivision (b) of Section 4175, the common area may consist of mutual or reciprocal easement rights appurtenant to the separate interests.

Reproduced verbatim from the California Legislative Counsel's published text and verified word-for-word against a second source (leginfo (Legislative Counsel official bulk code database, LAW_SECTION_TBL) · California Public Law (Public.Law)). California statutes are government edicts and carry no copyright. This is an unofficial reproduction — the official version is published by the Legislative Counsel at leginfo.legislature.ca.gov, and that version governs.
Machine-readable: /data/4095.json — the same text with its subdivision anchors, dates and sources.

Civil Code § 4100 — the text

“Common Interest Development” — the Four Kinds
Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.

“Common interest development” means any of the following:

(a)A community apartment project.

(b)A condominium project.

(c)A planned development.

(d)A stock cooperative.

Reproduced verbatim from the California Legislative Counsel's published text and verified word-for-word against a second source (leginfo (Legislative Counsel official bulk code database, LAW_SECTION_TBL) · California Public Law (Public.Law)). California statutes are government edicts and carry no copyright. This is an unofficial reproduction — the official version is published by the Legislative Counsel at leginfo.legislature.ca.gov, and that version governs.
Machine-readable: /data/4100.json — the same text with its subdivision anchors, dates and sources.

Civil Code § 4105 — the text

“Community Apartment Project”
Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.

“Community apartment project” means a development in which an undivided interest in land is coupled with the right of exclusive occupancy of any apartment located thereon.

Reproduced verbatim from the California Legislative Counsel's published text and verified word-for-word against a second source (leginfo (Legislative Counsel official bulk code database, LAW_SECTION_TBL) · California Public Law (Public.Law)). California statutes are government edicts and carry no copyright. This is an unofficial reproduction — the official version is published by the Legislative Counsel at leginfo.legislature.ca.gov, and that version governs.
Machine-readable: /data/4105.json — the same text with its subdivision anchors, dates and sources.

Civil Code § 4110 — the text

“Community Service Organization or Similar Entity”
Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.

(a)“Community service organization or similar entity” means a nonprofit entity, other than an association, that is organized to provide services to residents of the common interest development or to the public in addition to the residents, to the extent community common area or facilities are available to the public.

(b)“Community service organization or similar entity” does not include an entity that has been organized solely to raise moneys and contribute to other nonprofit organizations that are qualified as tax exempt under Section 501(c)(3) of the Internal Revenue Code and that provide housing or housing assistance.

Reproduced verbatim from the California Legislative Counsel's published text and verified word-for-word against a second source (leginfo (Legislative Counsel official bulk code database, LAW_SECTION_TBL) · California Public Law (Public.Law)). California statutes are government edicts and carry no copyright. This is an unofficial reproduction — the official version is published by the Legislative Counsel at leginfo.legislature.ca.gov, and that version governs.
Machine-readable: /data/4110.json — the same text with its subdivision anchors, dates and sources.

Civil Code § 4120 — the text

“Condominium Plan”
Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.

“Condominium plan” means a plan described in Section 4285.

Reproduced verbatim from the California Legislative Counsel's published text and verified word-for-word against a second source (leginfo (Legislative Counsel official bulk code database, LAW_SECTION_TBL) · California Public Law (Public.Law)). California statutes are government edicts and carry no copyright. This is an unofficial reproduction — the official version is published by the Legislative Counsel at leginfo.legislature.ca.gov, and that version governs.
Machine-readable: /data/4120.json — the same text with its subdivision anchors, dates and sources.

Civil Code § 4125 — the text

“Condominium Project”
Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.

(a)A “condominium project” means a real property development consisting of condominiums.

(b)A condominium consists of an undivided interest in common in a portion of real property coupled with a separate interest in space called a unit, the boundaries of which are described on a recorded final map, parcel map, or condominium plan in sufficient detail to locate all boundaries thereof. The area within these boundaries may be filled with air, earth, water, or fixtures, or any combination thereof, and need not be physically attached to land except by easements for access and, if necessary, support. The description of the unit may refer to (1) boundaries described in the recorded final map, parcel map, or condominium plan, (2) physical boundaries, either in existence, or to be constructed, such as walls, floors, and ceilings of a structure or any portion thereof, (3) an entire structure containing one or more units, or (4) any combination thereof.

(c)The portion or portions of the real property held in undivided interest may be all of the real property, except for the separate interests, or may include a particular three-dimensional portion thereof, the boundaries of which are described on a recorded final map, parcel map, or condominium plan. The area within these boundaries may be filled with air, earth, water, or fixtures, or any combination thereof, and need not be physically attached to land except by easements for access and, if necessary, support.

(d)An individual condominium within a condominium project may include, in addition, a separate interest in other portions of the real property.

Reproduced verbatim from the California Legislative Counsel's published text and verified word-for-word against a second source (leginfo (Legislative Counsel official bulk code database, LAW_SECTION_TBL) · California Public Law (Public.Law)). California statutes are government edicts and carry no copyright. This is an unofficial reproduction — the official version is published by the Legislative Counsel at leginfo.legislature.ca.gov, and that version governs.
Machine-readable: /data/4125.json — the same text with its subdivision anchors, dates and sources.

Civil Code § 4130 — the text

“Declarant”
Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.

“Declarant” means the person or group of persons designated in the declaration as declarant, or if no declarant is designated, the person or group of persons who sign the original declaration or who succeed to special rights, preferences, or privileges designated in the declaration as belonging to the signator of the original declaration.

Reproduced verbatim from the California Legislative Counsel's published text and verified word-for-word against a second source (leginfo (Legislative Counsel official bulk code database, LAW_SECTION_TBL) · California Public Law (Public.Law)). California statutes are government edicts and carry no copyright. This is an unofficial reproduction — the official version is published by the Legislative Counsel at leginfo.legislature.ca.gov, and that version governs.
Machine-readable: /data/4130.json — the same text with its subdivision anchors, dates and sources.

Civil Code § 4135 — the text

“Declaration”
Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.

“Declaration” means the document, however denominated, that contains the information required by Sections 4250 and 4255.

Sources differ. The Legislative Counsel's database and California Public Law differ, and the text here follows the official database. The official text reads “Sections 4250 and 4255” where Public Law prints the singular “Section” before the same list of numbers — their citation linker rewriting the plural, not a difference in the statute. Both versions run to the same word count and nothing else differs.

Reproduced verbatim from the California Legislative Counsel's published text and verified word-for-word against a second source (leginfo (Legislative Counsel official bulk code database, LAW_SECTION_TBL) · California Public Law (Public.Law)). California statutes are government edicts and carry no copyright. This is an unofficial reproduction — the official version is published by the Legislative Counsel at leginfo.legislature.ca.gov, and that version governs.
Machine-readable: /data/4135.json — the same text with its subdivision anchors, dates and sources.

Civil Code § 4140 — the text

“Director”
Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.

“Director” means a natural person who serves on the board.

Reproduced verbatim from the California Legislative Counsel's published text and verified word-for-word against a second source (leginfo (Legislative Counsel official bulk code database, LAW_SECTION_TBL) · California Public Law (Public.Law)). California statutes are government edicts and carry no copyright. This is an unofficial reproduction — the official version is published by the Legislative Counsel at leginfo.legislature.ca.gov, and that version governs.
Machine-readable: /data/4140.json — the same text with its subdivision anchors, dates and sources.

Civil Code § 4145 — the text

“Exclusive Use Common Area”
Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.

(a)“Exclusive use common area” means a portion of the common area designated by the declaration for the exclusive use of one or more, but fewer than all, of the owners of the separate interests and which is or will be appurtenant to the separate interest or interests.

(b)Unless the declaration otherwise provides, any shutters, awnings, window boxes, doorsteps, stoops, porches, balconies, patios, exterior doors, doorframes, and hardware incident thereto, screens and windows or other fixtures designed to serve a single separate interest, but located outside the boundaries of the separate interest, are exclusive use common area allocated exclusively to that separate interest.

(c)Notwithstanding the provisions of the declaration, internal and external telephone wiring designed to serve a single separate interest, but located outside the boundaries of the separate interest, is exclusive use common area allocated exclusively to that separate interest.

Reproduced verbatim from the California Legislative Counsel's published text and verified word-for-word against a second source (leginfo (Legislative Counsel official bulk code database, LAW_SECTION_TBL) · California Public Law (Public.Law)). California statutes are government edicts and carry no copyright. This is an unofficial reproduction — the official version is published by the Legislative Counsel at leginfo.legislature.ca.gov, and that version governs.
Machine-readable: /data/4145.json — the same text with its subdivision anchors, dates and sources.

Civil Code § 4148 — the text

“General Notice”
Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.

“General notice” means the delivery of a document pursuant to Section 4045.

Reproduced verbatim from the California Legislative Counsel's published text and verified word-for-word against a second source (leginfo (Legislative Counsel official bulk code database, LAW_SECTION_TBL) · California Public Law (Public.Law)). California statutes are government edicts and carry no copyright. This is an unofficial reproduction — the official version is published by the Legislative Counsel at leginfo.legislature.ca.gov, and that version governs.
Machine-readable: /data/4148.json — the same text with its subdivision anchors, dates and sources.

Civil Code § 4150 — the text

“Governing Documents”
Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.

“Governing documents” means the declaration and any other documents, such as bylaws, operating rules, articles of incorporation, or articles of association, which govern the operation of the common interest development or association.

Reproduced verbatim from the California Legislative Counsel's published text and verified word-for-word against a second source (leginfo (Legislative Counsel official bulk code database, LAW_SECTION_TBL) · California Public Law (Public.Law)). California statutes are government edicts and carry no copyright. This is an unofficial reproduction — the official version is published by the Legislative Counsel at leginfo.legislature.ca.gov, and that version governs.
Machine-readable: /data/4150.json — the same text with its subdivision anchors, dates and sources.

Civil Code § 4153 — the text

“Individual Notice”
Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.

“Individual notice” means the delivery of a document pursuant to Section 4040.

Reproduced verbatim from the California Legislative Counsel's published text and verified word-for-word against a second source (leginfo (Legislative Counsel official bulk code database, LAW_SECTION_TBL) · California Public Law (Public.Law)). California statutes are government edicts and carry no copyright. This is an unofficial reproduction — the official version is published by the Legislative Counsel at leginfo.legislature.ca.gov, and that version governs.
Machine-readable: /data/4153.json — the same text with its subdivision anchors, dates and sources.

Civil Code § 4155 — the text

“Item of Business”
Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.

“Item of business” means any action within the authority of the board, except those actions that the board has validly delegated to any other person or persons, managing agent, officer of the association, or committee of the board comprising less than a quorum of the board.

Reproduced verbatim from the California Legislative Counsel's published text and verified word-for-word against a second source (leginfo (Legislative Counsel official bulk code database, LAW_SECTION_TBL) · California Public Law (Public.Law)). California statutes are government edicts and carry no copyright. This is an unofficial reproduction — the official version is published by the Legislative Counsel at leginfo.legislature.ca.gov, and that version governs.
Machine-readable: /data/4155.json — the same text with its subdivision anchors, dates and sources.

Civil Code § 4158 — the text

“Managing Agent”
Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.

(a)A “managing agent” is a person who, for compensation or in expectation of compensation, exercises control over the assets of a common interest development.

(b)A “managing agent” does not include any of the following:

(b)(1)A regulated financial institution operating within the normal course of its regulated business practice.

(b)(2)An attorney at law acting within the scope of the attorney’s license.

Reproduced verbatim from the California Legislative Counsel's published text and verified word-for-word against a second source (leginfo (Legislative Counsel official bulk code database, LAW_SECTION_TBL) · California Public Law (Public.Law)). California statutes are government edicts and carry no copyright. This is an unofficial reproduction — the official version is published by the Legislative Counsel at leginfo.legislature.ca.gov, and that version governs.
Machine-readable: /data/4158.json — the same text with its subdivision anchors, dates and sources.

Civil Code § 4160 — the text

“Member”
Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.

“Member” means an owner of a separate interest.

Reproduced verbatim from the California Legislative Counsel's published text and verified word-for-word against a second source (leginfo (Legislative Counsel official bulk code database, LAW_SECTION_TBL) · California Public Law (Public.Law)). California statutes are government edicts and carry no copyright. This is an unofficial reproduction — the official version is published by the Legislative Counsel at leginfo.legislature.ca.gov, and that version governs.
Machine-readable: /data/4160.json — the same text with its subdivision anchors, dates and sources.

Civil Code § 4170 — the text

“Person”
Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.

“Person” means a natural person, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, association, or other entity.

Reproduced verbatim from the California Legislative Counsel's published text and verified word-for-word against a second source (leginfo (Legislative Counsel official bulk code database, LAW_SECTION_TBL) · California Public Law (Public.Law)). California statutes are government edicts and carry no copyright. This is an unofficial reproduction — the official version is published by the Legislative Counsel at leginfo.legislature.ca.gov, and that version governs.
Machine-readable: /data/4170.json — the same text with its subdivision anchors, dates and sources.

Civil Code § 4175 — the text

“Planned Development”
Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.

“Planned development” means a real property development other than a community apartment project, a condominium project, or a stock cooperative, having either or both of the following features:

(a)Common area that is owned either by an association or in common by the owners of the separate interests who possess appurtenant rights to the beneficial use and enjoyment of the common area.

(b)Common area and an association that maintains the common area with the power to levy assessments that may become a lien upon the separate interests in accordance with Article 2 (commencing with Section 5650) of Chapter 8.

Reproduced verbatim from the California Legislative Counsel's published text and verified word-for-word against a second source (leginfo (Legislative Counsel official bulk code database, LAW_SECTION_TBL) · California Public Law (Public.Law)). California statutes are government edicts and carry no copyright. This is an unofficial reproduction — the official version is published by the Legislative Counsel at leginfo.legislature.ca.gov, and that version governs.
Machine-readable: /data/4175.json — the same text with its subdivision anchors, dates and sources.

Civil Code § 4177 — the text

“Reserve Accounts”
Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.

“Reserve accounts” means both of the following:

(a)Moneys that the board has identified for use to defray the future repair or replacement of, or additions to, those major components that the association is obligated to maintain.

(b)The funds received, and not yet expended or disposed of, from either a compensatory damage award or settlement to an association from any person for injuries to property, real or personal, arising from any construction or design defects. These funds shall be separately itemized from funds described in subdivision (a).

Reproduced verbatim from the California Legislative Counsel's published text and verified word-for-word against a second source (leginfo (Legislative Counsel official bulk code database, LAW_SECTION_TBL) · California Public Law (Public.Law)). California statutes are government edicts and carry no copyright. This is an unofficial reproduction — the official version is published by the Legislative Counsel at leginfo.legislature.ca.gov, and that version governs.
Machine-readable: /data/4177.json — the same text with its subdivision anchors, dates and sources.

Civil Code § 4178 — the text

“Reserve Account Requirements”
Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.

“Reserve account requirements” means the estimated funds that the board has determined are required to be available at a specified point in time to repair, replace, or restore those major components that the association is obligated to maintain.

Reproduced verbatim from the California Legislative Counsel's published text and verified word-for-word against a second source (leginfo (Legislative Counsel official bulk code database, LAW_SECTION_TBL) · California Public Law (Public.Law)). California statutes are government edicts and carry no copyright. This is an unofficial reproduction — the official version is published by the Legislative Counsel at leginfo.legislature.ca.gov, and that version governs.
Machine-readable: /data/4178.json — the same text with its subdivision anchors, dates and sources.

Civil Code § 4185 — the text

“Separate Interest”
Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.

(a)“Separate interest” has the following meanings:

(a)(1)In a community apartment project, “separate interest” means the exclusive right to occupy an apartment, as specified in Section 4105.

(a)(2)In a condominium project, “separate interest” means a separately owned unit, as specified in Section 4125.

(a)(3)In a planned development, “separate interest” means a separately owned lot, parcel, area, or space.

(a)(4)In a stock cooperative, “separate interest” means the exclusive right to occupy a portion of the real property, as specified in Section 4190.

(b)Unless the declaration or condominium plan, if any exists, otherwise provides, if walls, floors, or ceilings are designated as boundaries of a separate interest, the interior surfaces of the perimeter walls, floors, ceilings, windows, doors, and outlets located within the separate interest are part of the separate interest and any other portions of the walls, floors, or ceilings are part of the common area.

(c)The estate in a separate interest may be a fee, a life estate, an estate for years, or any combination of the foregoing.

Reproduced verbatim from the California Legislative Counsel's published text and verified word-for-word against a second source (leginfo (Legislative Counsel official bulk code database, LAW_SECTION_TBL) · California Public Law (Public.Law)). California statutes are government edicts and carry no copyright. This is an unofficial reproduction — the official version is published by the Legislative Counsel at leginfo.legislature.ca.gov, and that version governs.
Machine-readable: /data/4185.json — the same text with its subdivision anchors, dates and sources.

Civil Code § 4190 — the text

“Stock Cooperative”
Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.

(a)“Stock cooperative” means a development in which a corporation is formed or availed of, primarily for the purpose of holding title to, either in fee simple or for a term of years, improved real property, and all or substantially all of the shareholders of the corporation receive a right of exclusive occupancy in a portion of the real property, title to which is held by the corporation. The owners’ interest in the corporation, whether evidenced by a share of stock, a certificate of membership, or otherwise, shall be deemed to be an interest in a common interest development and a real estate development for purposes of subdivision (f) of Section 25100 of the Corporations Code.

(b)A “stock cooperative” includes a limited equity housing cooperative which is a stock cooperative that meets the criteria of Section 817.

Reproduced verbatim from the California Legislative Counsel's published text and verified word-for-word against a second source (leginfo (Legislative Counsel official bulk code database, LAW_SECTION_TBL) · California Public Law (Public.Law)). California statutes are government edicts and carry no copyright. This is an unofficial reproduction — the official version is published by the Legislative Counsel at leginfo.legislature.ca.gov, and that version governs.
Machine-readable: /data/4190.json — the same text with its subdivision anchors, dates and sources.

Related Glossary of election terms · When the members must vote · Who repairs what · How notice reaches a member · Board meetings Next review quarterly