This part shall be known, and may be cited, as the Commercial and Industrial Common Interest Development Act. In a provision of this part, the part may be referred to as the act.
Article 1Preliminary Provisions
Section § 6500
This section introduces the name of the law that deals with the rules governing commercial and industrial complexes that have shared areas or interests. It specifies that this set of laws can be called the Commercial and Industrial Common Interest Development Act.
Commercial Development Industrial Development Common Interest Act Citation Shared Areas Complex Governance Development Act Commercial Properties Industrial Properties Property Management Shared Interests Collaborative Use Legal Naming Regulatory Framework Corporate Property Use
Section § 6502
This law states that the headings used for divisions, parts, titles, chapters, articles, and sections in this act don't have any influence on how the act is interpreted or understood. They are purely for organizational purposes.
Division, part, title, chapter, article, and section headings do not in any manner affect the scope, meaning, or intent of this act.
headings scope meaning intent interpretation organization division headings part headings title headings chapter headings article headings section headings act interpretation legal structure legal organization
Section § 6505
This law clarifies that any document created or action taken before January 1, 2014, remains valid if it was legal under the rules for common interest developments at that time. However, 'document' here does not include governing documents.
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.
common interest developments pre-2014 documents document validity action taken governing document exclusion legal continuity historical compliance law prior to 2014 document preparation action recognition legal retroactivity
Section § 6510
If a city's zoning rules don't say otherwise, they should apply the same way to similar types of properties or spaces, no matter how the property is owned or shared, like in condos or planned communities.
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.
local zoning ordinance common interest development similar properties zoning rules property ownership planned communities condominiums similar structures similar lots similar parcels similar areas similar spaces zoning application property laws community property management
Section § 6512
If you need to send a document to an association as required by this law, you should send it to the person designated to receive documents, as notified by the association to its members. If no such person has been designated, send the document to the president or secretary of the association. You can deliver the document by mail, email, fax, or even personally, as long as the association agrees to that method. If delivered personally, the association must give a written receipt.
(a)CA Civil Law Code § 6512(a) If a provision of this act requires that a document be delivered to an association, the document shall be delivered to the person designated to receive documents on behalf of the association, in a written notice delivered by the association to members by individual delivery. If notice of this designation has not been given, the document shall be delivered to the president or secretary of the association.
(b)CA Civil Law Code § 6512(b) A document delivered pursuant to this section may be delivered by any of the following methods:
(1)CA Civil Law Code § 6512(b)(1) First-class mail, postage prepaid, registered or certified mail, express mail, or overnight delivery by an express service carrier.
(2)CA Civil Law Code § 6512(b)(2) By email, facsimile, or other electronic means, if the association has assented to that method of delivery.
(3)CA Civil Law Code § 6512(b)(3) By personal delivery, if the association has assented to that method of delivery. If the association accepts a document by personal delivery it shall provide a written receipt acknowledging delivery of the document.
document delivery association notification designated recipient individual delivery first-class mail registered mail certified mail express service carrier email delivery facsimile delivery electronic document delivery personal delivery acknowledgment of receipt written notice president or secretary
Section § 6514
This law outlines how an association, like a homeowner's association, must send documents when the law requires 'individual delivery' or 'individual notice.' Documents can be sent by mail (such as first-class or express) to the last recorded address of the recipient, or electronically (like by email), but only if the recipient has agreed to receive documents this way in writing. If someone changes their mind, they can cancel this agreement in writing. Also, just because a document says it should be delivered a certain way doesn't mean everyone's agreed to that method unless it's recorded in way that is recognized by the association.
(a)CA Civil Law Code § 6514(a) If a provision of this act requires that an association deliver a document by “individual delivery” or “individual notice,” the document shall be delivered by one of the following methods:
(1)CA Civil Law Code § 6514(a)(1) First-class mail, postage prepaid, registered or certified mail, express mail, or overnight delivery by an express service carrier. The document shall be addressed to the recipient at the address last
shown on the books of the association.
(2)CA Civil Law Code § 6514(a)(2) Email, facsimile, or other electronic means, if the recipient has consented, in writing, to that method of delivery. The consent may be revoked, in writing, by the recipient.
(b)CA Civil Law Code § 6514(b) For the purposes of this section, an unrecorded provision of the governing documents providing for a particular method of delivery does not constitute agreement by a member to that method of delivery.
individual delivery individual notice association document delivery first-class mail registered mail certified mail express mail express service carrier email consent electronic delivery consent revoking consent homeowner's association document consent method of delivery unrecorded provision
Section § 6518
This law explains how documents should be delivered under certain rules. If you're mailing a document, the delivery is considered done once you put it in the U.S. mail. If you're sending it electronically, it's delivered when you hit send.
(a)CA Civil Law Code § 6518(a) This section governs the delivery of a document pursuant to this act.
(b)CA Civil Law Code § 6518(b) If a document is delivered by mail, delivery is deemed to be complete on deposit into the United States mail.
(c)CA Civil Law Code § 6518(c) If a document is delivered by electronic means, delivery is complete at the time of transmission.
document delivery mail delivery electronic delivery transmission complete delivery deposit into mail time of transmission U.S. mail electronic means delivery rules
Section § 6520
If a person or group has agreed to get information electronically, and the law says that info needs to be in writing, it's okay to send it digitally as long as the person receiving it can save or print it at that moment. If the system used to send the message stops people from printing or saving it, then it's not considered properly delivered.
If the association or a member has consented to receive information by electronic delivery, and a provision of this act requires that the information be in writing, that requirement is satisfied if the information is provided in an electronic record capable of retention by the recipient at the time of receipt. An electronic record is not capable of retention by the recipient if the sender or its information processing system inhibits the ability of the recipient to print or store the
electronic record.
electronic delivery information consent writing requirement electronic record retention recipient ability print or store digital communication rules electronic record sending information information retention inhibit printing inhibit storage electronic consent association communication member agreement
Section § 6522
For any action that needs approval by most members according to this act, it must be supported by a majority of the votes that are allowed to be cast.
If a provision of this act requires that an action be approved by a majority of all members, the action shall be approved or ratified by an affirmative vote of a majority of the votes entitled to be cast.
member vote approval majority vote requirement action ratification member voting rights vote entitlement affirmative vote member approval act provisions vote casting action approval vote majority member decision-making
Section § 6524
This law says that if a group's action needs a majority of a quorum to be approved, it must get more than half of the yes votes from people who are voting, as long as enough members are present to make it an official election.
If a provision of this act requires that an action be approved by a majority of a quorum of the members, the action shall be approved or ratified by an affirmative vote of a majority of the votes represented and voting in a duly held election in which a quorum is represented, which affirmative votes also constitute a majority of the required quorum.
quorum majority vote affirmative vote member approval ratification duly held election votes represented action approval voting members required quorum election process
