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加州 · 戴维斯-斯特林法

协会必须弄清楚自己建筑物的哪些情况。

每三年一次储备金研究（reserve study）。共管公寓项目还要每九年对阳台和走道进行一次结构检查。两者最终都会得出必须呈给会员的数字——而为此支付费用的会费上调，需要单独进行一次表决。

节 民法典 §§ 5550–5580 章 第7章，财务 · 第3节 条文 6 条文核实 2026-11-03

两个时钟，而不是一个

《加州民法典》第5550条(a)要求，作为储备金研究的一部分，至少每三年一次对主要构件的可到达区域进行目视检查——但前提是这些构件的当前重置价值至少达到总预算（不含储备金）的一半。此后该研究须每年复核，董事会必须考虑是否加以修订。

民法典第5551条按另一个时钟运行，并且只适用于共管公寓项目：至少每九年一次，对外部高架构件——阳台、走道、楼梯，以及保护其承重构件的防水层——进行目视检查。检查员依据随机抽取的位置清单开展工作，抽样的单元数必须足以使结果达到95%的置信度。

这里的“检查员”不是选举监察员

SB 410把依照第5551条编制的所有检查员报告加入了会员可以依照第5200条要求查阅的业主协会（HOA）记录。在一个关于选举的网站上，这一行乍看之下会让人误读。第5551条中的检查员是结构检查员——这一条之所以存在，是因为外部高架构件会出问题——与第5110条毫无关系。两条法律，一个英文单词。

筹资计划，以及它不包含的那次表决

储备金研究必须包含五项内容（§ 5550(b)），第五项是储备金筹资计划。民法典第5560条(a)规定，该计划必须列出一份时间表，载明为该计划筹资所需的常规会费或特别会费的任何变动及其日期和金额；(b)款规定，董事会须在全体会员面前的公开会议上通过该计划。

接下来是(c)款，也就是常被忽略的那一款：如果董事会认定需要上调会费来为该计划筹资，该上调必须依照第5605条的程序，由董事会另行作出决议批准。通过计划不等于通过上调。只通过了一项动议的董事会，只做了法条要求的一半。

数字在哪里呈现

储备金研究本身并不是披露。另外两条决定会员实际看到什么，而且两者都在年度预算报告中被引用：

第5565条(d)中的资金缺口数字特意按每单元表示。200万美元的缺口对大多数读者来说没有意义；同样的缺口折算为每户4,000美元，才是决定会员如何投票的数字。

民法典第5580条以另一个主题结束本节：社区服务组织从协会或其会员获得的资金超过门槛的，必须按同样的标准向协会报告——任何未遵守的情况都必须详细披露。

民法典 § 5550 — 英文原文

The Reserve Study — Every Three Years, Reviewed Annually
Amended by Stats. 2024, Ch. 288, Sec. 2. (SB 900) Effective January 1, 2025.
由AB 2050修订，2032年1月1日起生效

条文以英文呈现，因为法律以英文颁布，具有法律效力的是英文版本。本页的说明为中文；如与条文有出入，以条文为准。

(a)At least once every three years, the board shall cause to be conducted a reasonably competent and diligent visual inspection of the accessible areas of the major components that the association is obligated to repair, replace, restore, or maintain as part of a study of the reserve account requirements of the common interest development, if the current replacement value of the major components is equal to or greater than one-half of the gross budget of the association, excluding the association’s reserve account for that period. The board shall review this study, or cause it to be reviewed, annually and shall consider and implement necessary adjustments to the board’s analysis of the reserve account requirements as a result of that review.
(b)The study required by this section shall at a minimum include:
(b)(1)Identification of the major components that the association is obligated to repair, replace, restore, or maintain that, as of the date of the study, have a remaining useful life of less than 30 years.
(b)(2)Identification of the probable remaining useful life of the components identified in paragraph (1) as of the date of the study.
(b)(3)An estimate of the cost of repair, replacement, restoration, or maintenance of the components identified in paragraph (1).
(b)(4)An estimate of the total annual contribution necessary to defray the cost to repair, replace, restore, or maintain the components identified in paragraph (1) during and at the end of their useful life, after subtracting total reserve funds as of the date of the study.
(b)(5)A reserve funding plan that indicates how the association plans to fund the contribution identified in paragraph (4) to meet the association’s obligation for the repair and replacement of all major components with an expected remaining life of 30 years or less, not including those components that the board has determined will not be replaced or repaired.
(c)For purposes of this section, “major components” includes gas, water, and electrical service to the extent that the association is responsible for repair or replacement of those lines pursuant to Section 4775.

本条的历史版本

通过比较加州立法顾问办公室每个立法会期发布一次的法典版本整理而成。最早的是2013至2014年版，其中《戴维斯-斯特林法》已采用现行编号，因此修改从其后的版本起记录。这不只是存档问题：民法典第5145条给予会员一年时间质疑选举，适用的是选举举行当日的现行条文，而不是今天的条文。

  1. SB 9002025-01-01起生效

    Amended by Stats. 2024, Ch. 288, Sec. 2. (SB 900) Effective January 1, 2025.

    1处分项修改

    查看修改内容
    1. (c)For purposes of this section, “major components” includes gas, water, and electrical service to the extent that the association is responsible for repair or replacement of those lines pursuant to Section 4775.

逐字转载自加州立法顾问办公室（Legislative Counsel）公布的条文，并与第二个来源逐字核对（leginfo (Legislative Counsel official bulk code database, LAW_SECTION_TBL) · California Public Law (Public.Law)）。加州法律属于政府法令，不受版权保护。本页为非官方转载——官方版本由立法顾问办公室在leginfo.legislature.ca.gov公布，以该版本为准。
机器可读：/data/5550.json——同一条文，附分项锚点、日期和来源。

民法典 § 5551 — 英文原文

Inspection of Exterior Elevated Elements — Every Nine Years
Amended by Stats. 2025, Ch. 516, Sec. 5. (SB 410) Effective January 1, 2026.

条文以英文呈现，因为法律以英文颁布，具有法律效力的是英文版本。本页的说明为中文；如与条文有出入，以条文为准。

(a)For purposes of this section, the following definitions apply:
(a)(1)“Associated waterproofing systems” include flashings, membranes, coatings, and sealants that protect the load-bearing components of exterior elevated elements from exposure to water.
(a)(2)“Exterior elevated elements” mean the load-bearing components together with their associated waterproofing system.
(a)(3)“Load-bearing components” means those components that extend beyond the exterior walls of the building to deliver structural loads to the building from decks, balconies, stairways, walkways, and their railings, that have a walking surface elevated more than six feet above ground level, that are designed for human occupancy or use, and that are supported in whole or in substantial part by wood or wood-based products.
(a)(4)“Statistically significant sample” means a sufficient number of units inspected to provide 95 percent confidence that the results from the sample are reflective of the whole, with a margin of error of no greater than plus or minus 5 percent.
(a)(5)“Visual inspection” means inspection through the least intrusive method necessary to inspect load-bearing components, including visual observation only or visual observation in conjunction with, for example, the use of moisture meters, borescopes, or infrared technology.
(b)(1)At least once every nine years, the board of an association of a condominium project shall cause a reasonably competent and diligent visual inspection to be conducted by a licensed structural or civil engineer or architect of a random and statistically significant sample of exterior elevated elements for which the association has maintenance or repair responsibility.
(b)(2)The inspection shall determine whether the exterior elevated elements are in a generally safe condition and performing in accordance with applicable standards.
(c)Prior to conducting the first visual inspection, the inspector shall generate a random list of the locations of each type of exterior elevated element. The list shall include all exterior elevated elements for which the association has maintenance or repair responsibility. The list shall be provided to the association for future use.
(d)The inspector shall perform the visual inspections in accordance with the random list generated pursuant to subdivision (c). If during the visual inspection the inspector observes building conditions indicating that unintended water or water vapor has passed into the associated waterproofing system, thereby creating the potential for damage to the load-bearing components, then the inspector may conduct a further inspection. The inspector shall exercise their best professional judgment in determining the necessity, scope, and breadth of any further inspection.
(e)Based upon the inspector’s visual inspections, further inspection, and construction and materials expertise, the inspector shall issue a written report containing the following:
(e)(1)The identification of the building components comprising the load-bearing components and associated waterproofing system.
(e)(2)The current physical condition of the load-bearing components and associated waterproofing system, including whether the condition presents an immediate threat to the health and safety of the residents.
(e)(3)The expected future performance and remaining useful life of the load-bearing components and associated waterproofing system.
(e)(4)Recommendations for any necessary repair or replacement of the load-bearing components and associated waterproofing system.
(e)(5)On the first page of the report, all of the following:
(e)(5)(A)The date of inspection.
(e)(5)(B)The total number of units in the condominium project.
(e)(5)(C)The total number of units in the condominium project with exterior elevated elements.
(e)(5)(D)The total number of exterior elevated elements in the condominium project.
(e)(5)(E)The total number of exterior elevated elements inspected pursuant to subdivision (b).
(e)(5)(F)As of the date of inspection in subparagraph (A), the total number of inspected exterior elevated elements identified as posing an immediate threat to the safety of the occupants, pursuant to subdivision (g), and the number of units impacted.
(e)(5)(G)A certification that the inspector has conducted a visual inspection and evaluated a statistically significant sample of the exterior elevated elements within the condominium project, as required by subdivision (b).
(f)The report issued pursuant to subdivision (e) shall be stamped or signed by the inspector, presented to the board, and incorporated into the study required by Section 5550.
(g)(1)If, after inspection of any exterior elevated element, the inspector advises that the exterior elevated element poses an immediate threat to the safety of the occupants, the inspector shall provide a copy of the inspection report to the association immediately upon completion of the report, and to the local code enforcement agency within 15 days of completion of the report. Upon receiving the report, the association shall take preventive measures immediately, including preventing occupant access to the exterior elevated element until repairs have been inspected and approved by the local enforcement agency.
(g)(2)Local enforcement agencies shall have the ability to recover enforcement costs associated with the requirements of this section from the association.
(h)Each subsequent visual inspection conducted under this section shall commence with the next exterior elevated element identified on the random list and shall proceed in order through the list.
(i)The first inspection shall be completed by January 1, 2025, and then every nine years thereafter in coordination with the reserve study inspection pursuant to Section 5550. All written reports shall be maintained for two inspection cycles as records of the association.
(j)(1)The association shall be responsible for complying with the requirements of this section.
(j)(2)The continued and ongoing maintenance and repair of the load-bearing components and associated waterproofing systems in a safe, functional, and sanitary condition shall be the responsibility of the association as required by the association’s governing documents.
(k)The inspection of buildings for which a building permit application has been submitted on or after January 1, 2020, shall occur no later than six years following the issuance of a certificate of occupancy. The inspection shall otherwise comply with the provisions of this section.
(l)This section shall only apply to buildings containing three or more attached multifamily dwelling units.
(m)The association board may enact rules or bylaws imposing requirements greater than those imposed by this section.
(n)A local government or local enforcement agency may enact an ordinance or other rule imposing requirements greater than those imposed by this section.

本条的历史版本

通过比较加州立法顾问办公室每个立法会期发布一次的法典版本整理而成。最早的是2013至2014年版，其中《戴维斯-斯特林法》已采用现行编号，因此修改从其后的版本起记录。这不只是存档问题：民法典第5145条给予会员一年时间质疑选举，适用的是选举举行当日的现行条文，而不是今天的条文。

  1. SB 4102026-01-01起生效

    Amended by Stats. 2025, Ch. 516, Sec. 5. (SB 410) Effective January 1, 2026.

    10处分项修改

    查看修改内容
    1. (e)… shall issue a written report containing the following information: following:
    2. (e)(5)On the first page of the report, all of the following:
    3. (e)(5)(A)The date of inspection.
    4. (e)(5)(B)The total number of units in the condominium project.
    5. (e)(5)(C)The total number of units in the condominium project with exterior elevated elements.
    6. (e)(5)(D)The total number of exterior elevated elements in the condominium project.
    7. (e)(5)(E)The total number of exterior elevated elements inspected pursuant to subdivision (b).
    8. (e)(5)(F)As of the date of inspection in subparagraph (A), the total number of inspected exterior elevated elements identified as posing an immediate threat to the safety of the occupants, pursuant to subdivision (g), and the number of units impacted.
    9. (e)(5)(G)A certification that the inspector has conducted a visual inspection and evaluated a statistically significant sample of the exterior elevated elements within the condominium project, as required by subdivision (b).
    10. (l)This section shall only apply to buildings containing three or more attached multifamily dwelling units.

  2. AB 21142024-07-15起生效

    Amended by Stats. 2024, Ch. 100, Sec. 1. (AB 2114) Effective July 15, 2024.

    1处分项修改

    查看修改内容
    1. (b)(1)… to be conducted by a licensed structural or civil engineer or architect of a random and …

  3. SB 3262020-01-01起生效

    Added by Stats. 2019, Ch. 207, Sec. 1. (SB 326) Effective January 1, 2020.

    由该法案增订入法典。

逐字转载自加州立法顾问办公室（Legislative Counsel）公布的条文，并与第二个来源逐字核对（leginfo (Legislative Counsel official bulk code database, LAW_SECTION_TBL) · California Public Law (Public.Law)）。加州法律属于政府法令，不受版权保护。本页为非官方转载——官方版本由立法顾问办公室在leginfo.legislature.ca.gov公布，以该版本为准。
机器可读：/data/5551.json——同一条文，附分项锚点、日期和来源。

民法典 § 5560 — 英文原文

The Reserve Funding Plan, and the Separate Vote to Fund It
Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.

条文以英文呈现，因为法律以英文颁布，具有法律效力的是英文版本。本页的说明为中文；如与条文有出入，以条文为准。

(a)The reserve funding plan required by Section 5550 shall include a schedule of the date and amount of any change in regular or special assessments that would be needed to sufficiently fund the reserve funding plan.
(b)The plan shall be adopted by the board at an open meeting before the membership of the association as described in Article 2 (commencing with Section 4900) of Chapter 6.
(c)If the board determines that an assessment increase is necessary to fund the reserve funding plan, any increase shall be approved in a separate action of the board that is consistent with the procedure described in Section 5605.

逐字转载自加州立法顾问办公室（Legislative Counsel）公布的条文，并与第二个来源逐字核对（leginfo (Legislative Counsel official bulk code database, LAW_SECTION_TBL) · California Public Law (Public.Law)）。加州法律属于政府法令，不受版权保护。本页为非官方转载——官方版本由立法顾问办公室在leginfo.legislature.ca.gov公布，以该版本为准。
机器可读：/data/5560.json——同一条文，附分项锚点、日期和来源。

民法典 § 5565 — 英文原文

What the Reserve Summary in the Annual Budget Report Must Show
Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.

条文以英文呈现，因为法律以英文颁布，具有法律效力的是英文版本。本页的说明为中文；如与条文有出入，以条文为准。

The summary of the association’s reserves required by paragraph (2) of subdivision (b) of Section 5300 shall be based on the most recent review or study conducted pursuant to Section 5550, shall be based only on assets held in cash or cash equivalents, shall be printed in boldface type, and shall include all of the following:
(a)The current estimated replacement cost, estimated remaining life, and estimated useful life of each major component.
(b)As of the end of the fiscal year for which the study is prepared:
(b)(1)The current estimate of the amount of cash reserves necessary to repair, replace, restore, or maintain the major components.
(b)(2)The current amount of accumulated cash reserves actually set aside to repair, replace, restore, or maintain major components.
(b)(3)If applicable, the amount of funds received from either a compensatory damage award or settlement to an association from any person for injuries to property, real or personal, arising out of any construction or design defects, and the expenditure or disposition of funds, including the amounts expended for the direct and indirect costs of repair of construction or design defects. These amounts shall be reported at the end of the fiscal year for which the study is prepared as separate line items under cash reserves pursuant to paragraph (2). Instead of complying with the requirements set forth in this paragraph, an association that is obligated to issue a review of its financial statement pursuant to Section 5305 may include in the review a statement containing all of the information required by this paragraph.
(c)The percentage that the amount determined for purposes of paragraph (2) of subdivision (b) equals the amount determined for purposes of paragraph (1) of subdivision (b).
(d)The current deficiency in reserve funding expressed on a per unit basis. The figure shall be calculated by subtracting the amount determined for purposes of paragraph (2) of subdivision (b) from the amount determined for purposes of paragraph (1) of subdivision (b) and then dividing the result by the number of separate interests within the association, except that if assessments vary by the size or type of ownership interest, then the association shall calculate the current deficiency in a manner that reflects the variation.

逐字转载自加州立法顾问办公室（Legislative Counsel）公布的条文，并与第二个来源逐字核对（leginfo (Legislative Counsel official bulk code database, LAW_SECTION_TBL) · California Public Law (Public.Law)）。加州法律属于政府法令，不受版权保护。本页为非官方转载——官方版本由立法顾问办公室在leginfo.legislature.ca.gov公布，以该版本为准。
机器可读：/data/5565.json——同一条文，附分项锚点、日期和来源。

民法典 § 5570 — 英文原文

The Assessment and Reserve Funding Disclosure Summary Form
Amended by Stats. 2016, Ch. 714, Sec. 8. (SB 944) Effective January 1, 2017.

条文以英文呈现，因为法律以英文颁布，具有法律效力的是英文版本。本页的说明为中文；如与条文有出入，以条文为准。

(a)The disclosures required by this article with regard to an association or a property shall be summarized on the following form: Assessment and Reserve Funding Disclosure Summary For the Fiscal Year Ending _____
(a)(1)The regular assessment per ownership interest is $_____ per ____. Note: If assessments vary by the size or type of ownership interest, the assessment applicable to this ownership interest may be found on page _____ of the attached summary.
(a)(2)Additional regular or special assessments that have already been scheduled to be imposed or charged, regardless of the purpose, if they have been approved by the board and/or members: Date assessment will be due: Amount per ownership interest per month or year (If assessments are variable, see note immediately below): Purpose of the assessment: Total: Note: If assessments vary by the size or type of ownership interest, the assessment applicable to this ownership interest may be found on page ____ of the attached report.
(a)(3)Based upon the most recent reserve study and other information available to the board of directors, will currently projected reserve account balances be sufficient at the end of each year to meet the association’s obligation for repair and/or replacement of major components during the next 30 years? Yes _____No _____
(a)(4)If the answer to (3) is no, what additional assessments or other contributions to reserves would be necessary to ensure that sufficient reserve funds will be available each year during the next 30 years that have not yet been approved by the board or the members? Approximate date assessment will be due: Amount per ownership interest per month or year: Total:
(a)(5)All major components are included in the reserve study and are included in its calculations.
(a)(6)Based on the method of calculation in paragraph (4) of subdivision (b) of Section 5570, the estimated amount required in the reserve fund at the end of the current fiscal year is $____, based in whole or in part on the last reserve study or update prepared by ____ as of ____ (month), ____ (year). The projected reserve fund cash balance at the end of the current fiscal year is $____, resulting in reserves being ____ percent funded at this date. If an alternate, but generally accepted, method of calculation is also used, the required reserve amount is $____. (See attached explanation)
(a)(7)Based on the method of calculation in paragraph (4) of subdivision (b) of Section 5570 of the Civil Code, the estimated amount required in the reserve fund at the end of each of the next five budget years is $______, and the projected reserve fund cash balance in each of those years, taking into account only assessments already approved and other known revenues, is $______, leaving the reserve at ______ percent funded. If the reserve funding plan approved by the association is implemented, the projected reserve fund cash balance in each of those years will be $______, leaving the reserve at ______ percent funded. Note: The financial representations set forth in this summary are based on the best estimates of the preparer at that time. The estimates are subject to change. At the time this summary was prepared, the assumed long-term before-tax interest rate earned on reserve funds was ____ percent per year, and the assumed long-term inflation rate to be applied to major component repair and replacement costs was ____ percent per year.
(b)For the purposes of preparing a summary pursuant to this section:
(b)(1)“Estimated remaining useful life” means the time reasonably calculated to remain before a major component will require replacement.
(b)(2)“Major component” has the meaning used in Section 5550. Components with an estimated remaining useful life of more than 30 years may be included in a study as a capital asset or disregarded from the reserve calculation, so long as the decision is revealed in the reserve study report and reported in the Assessment and Reserve Funding Disclosure Summary.
(b)(3)The form set out in subdivision (a) shall accompany each annual budget report or summary thereof that is delivered pursuant to Section 5300. The form may be supplemented or modified to clarify the information delivered, so long as the minimum information set out in subdivision (a) is provided.
(b)(4)For the purpose of the report and summary, the amount of reserves needed to be accumulated for a component at a given time shall be computed as the current cost of replacement or repair multiplied by the number of years the component has been in service divided by the useful life of the component. This shall not be construed to require the board to fund reserves in accordance with this calculation.

来源不一致。 Text taken verbatim from the Legislative Counsel of California official code database and checked word for word against an independent publisher. The two sources disagree, and here the second source is incomplete: california.public.law omits the heading row of the statutory form itself — “Assessment and Reserve Funding Disclosure Summary / For the Fiscal Year Ending _____” — and runs straight from “the following form” to the body of the table. The phrase “Fiscal Year Ending” appears nowhere on its page for this section. Its rendering of the form also joins words across line breaks (“noteimmediately”, “assessmentwill”, “interestper”). The form reproduced here is the Legislative Counsel's.

本条的历史版本

通过比较加州立法顾问办公室每个立法会期发布一次的法典版本整理而成。最早的是2013至2014年版，其中《戴维斯-斯特林法》已采用现行编号，因此修改从其后的版本起记录。这不只是存档问题：民法典第5145条给予会员一年时间质疑选举，适用的是选举举行当日的现行条文，而不是今天的条文。

  1. SB 9442017-01-01起生效

    Amended by Stats. 2016, Ch. 714, Sec. 8. (SB 944) Effective January 1, 2017.

    1处分项修改

    查看修改内容
    1. (b)(2)“Major component” has the meaning used in Section 55530. 5550. Components with an estimated remaining useful life …

  2. AB 15162016-01-01起生效

    Amended by Stats. 2015, Ch. 349, Sec. 1. Effective January 1, 2016.

    1处分项修改

    查看修改内容
    1. (a)(7)… $______, leaving the reserve at ______ percent funding. funded. If the reserve funding plan approved by … $______, leaving the reserve at ______ percent funding. funded. Note: The financial representations set forth in …

逐字转载自加州立法顾问办公室（Legislative Counsel）公布的条文，并与第二个来源逐字核对（leginfo (Legislative Counsel official bulk code database, LAW_SECTION_TBL) · California Public Law (Public.Law)）。加州法律属于政府法令，不受版权保护。本页为非官方转载——官方版本由立法顾问办公室在leginfo.legislature.ca.gov公布，以该版本为准。
机器可读：/data/5570.json——同一条文，附分项锚点、日期和来源。

民法典 § 5580 — 英文原文

Reports From a Funded Community Service Organization
Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.

条文以英文呈现，因为法律以英文颁布，具有法律效力的是英文版本。本页的说明为中文；如与条文有出入，以条文为准。

(a)Unless the governing documents impose more stringent standards, any community service organization whose funding from the association or its members exceeds 10 percent of the organization’s annual budget shall prepare and distribute to the association a report that meets the requirements of Section 5012 of the Corporations Code, and that describes in detail administrative costs and identifies the payees of those costs in a manner consistent with the provisions of Article 5 (commencing with Section 5200) of Chapter 6.
(b)If the community service organization does not comply with the standards, the report shall disclose the noncompliance in detail. If a community service organization is responsible for the maintenance of major components for which an association would otherwise be responsible, the community service organization shall supply to the association the information regarding those components that the association would use to complete disclosures and reserve reports required under this article and Section 5300. An association may rely upon information received from a community service organization, and shall provide access to the information pursuant to the provisions of Article 5 (commencing with Section 5200) of Chapter 6.

逐字转载自加州立法顾问办公室（Legislative Counsel）公布的条文，并与第二个来源逐字核对（leginfo (Legislative Counsel official bulk code database, LAW_SECTION_TBL) · California Public Law (Public.Law)）。加州法律属于政府法令，不受版权保护。本页为非官方转载——官方版本由立法顾问办公室在leginfo.legislature.ca.gov公布，以该版本为准。
机器可读：/data/5580.json——同一条文，附分项锚点、日期和来源。

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