The definitions in this article govern the construction of this act.
Article 2Definitions
Section § 6526
This section explains that the definitions presented in the article are used to understand and interpret the act.
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Section § 6528
This law defines an 'association' as a nonprofit group, either incorporated or not, that is set up to manage a common interest development.
“Association” means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development.
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Section § 6530
The term 'Board' refers to the board of directors that oversees an association.
“Board” means the board of directors of the association.
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Section § 6531
This law defines what a 'commercial or industrial common interest development' is. It's a type of development that's restricted to business or industrial purposes, based on legal documents or regulations recorded in the relevant counties. The term 'commercial use' even includes businesses that offer overnight facilities for people like customers or employees.
A “commercial or industrial common interest development” means a common interest development that is limited to industrial or commercial uses by law or by a declaration of covenants, conditions, and restrictions that has been recorded in the official records of each county in which the common interest development is located. For the purposes of this section, “commercial use” includes, but is not limited to, the operation of a business that provides facilities for the overnight stay of
its customers, employees, or agents.
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Section § 6532
This law defines 'common area' in a community development as all spaces except those owned or occupied by individual owners. It also notes that in specific types of planned developments, the common area can include shared easement rights, which are agreements allowing certain uses of the property by others.
(a)CA Civil Law Code § 6532(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)CA Civil Law Code § 6532(b) Notwithstanding subdivision (a), in a planned development described in subdivision (b) of Section 6562, the common area may consist of mutual or reciprocal easement rights
appurtenant to the separate interests.
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Section § 6534
This law section defines what a 'common interest development' includes. It covers three main types: condominium projects, planned developments, and stock cooperatives. Essentially, these are communities where residents own their individual units or homes, but also have shared responsibilities or rights in common areas or facilities.
“Common interest development” means any of the following:
(a)CA Civil Law Code § 6534(a) A condominium project.
(b)CA Civil Law Code § 6534(b) A planned development.
(c)CA Civil Law Code § 6534(c) A stock cooperative.
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Section § 6540
This law defines a 'condominium plan' as something explained in another section, which is Section 6624.
“Condominium plan” means a plan described in Section 6624.
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Section § 6542
This section explains what a condominium project is and how condos are defined. A condominium project is basically a development made up of individual condos. Each condo includes a shared ownership of some property and a separate ownership of a specified unit, whose boundaries are detailed in plans or maps. The unit can be filled with things like air, earth, water, or fixtures and doesn’t have to touch the ground directly, except through easements, which are rights to use certain portions like for access or support. Also, an individual condo might come with additional ownership of other parts of the property.
(a)CA Civil Law Code § 6542(a) A “condominium project” means a real property development consisting of condominiums.
(b)CA Civil Law Code § 6542(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)CA Civil Law Code § 6542(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)CA Civil Law Code § 6542(d) An individual condominium within a condominium project may include, in addition, a separate interest in other portions of the real property.
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Section § 6544
This section defines who the 'declarant' is. A declarant is usually either the person or people specified in a legal declaration as such. If no one is specifically named as the declarant, it refers to those who signed the declaration or inherited special rights connected to the declaration.
“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.
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Section § 6546
The term “Declaration” refers to a specific document that includes the details outlined in another section, specifically Section 6614.
“Declaration” means the document, however denominated, that contains the information required by Section 6614.
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Section § 6548
This section defines a 'Director' as a person who is a member of the board of an organization.
“Director” means a natural person who serves on the board.
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Section § 6550
This law explains what an "exclusive use common area" is within a property governed by a declaration. It's a part of the common area meant for just one or more specific owners, not everyone. Common building elements like shutters, patios, and balconies, along with wiring for phones meant for one owner's use, but located outside their personal unit, are considered exclusive use common areas, unless stated otherwise by the declaration.
(a)CA Civil Law Code § 6550(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)CA Civil Law Code § 6550(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)CA Civil Law Code § 6550(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.
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Section § 6552
In this context, "governing documents" refers to the key papers that dictate how a shared community or association is run. This includes things like declarations, bylaws, operating rules, and articles of incorporation or association.
“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.
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Section § 6553
In simple terms, 'individual notice' refers to sending a document to someone in the way described in another specific section of the law, which is Section 6514.
“Individual notice” means the delivery of a document pursuant to Section 6514.
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Section § 6554
A "Member" is someone who owns a specific part of a property or community.
“Member” means an owner of a separate interest.
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Section § 6560
This section defines "person" as not just an individual human being, but also includes groups and organizations like companies, governments, estates, partnerships, and other entities.
“Person” means a natural person, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, association, or other entity.
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Section § 6562
A "planned development" is a type of real estate set-up that is not a condo or stock cooperative. It has shared spaces that are either owned by an association or jointly by the property owners. Additionally, there's an association responsible for the upkeep of these shared spaces, and it can charge fees to property owners which could become a lien if not paid.
“Planned development” means a real property development other than a condominium project, or a stock cooperative, having either or both of the following features:
(a)CA Civil Law Code § 6562(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)CA Civil Law Code § 6562(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 6808) of Chapter 7.
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Section § 6564
This section defines what a "separate interest" means in different types of housing developments. In a condominium, it's an individually owned unit; in a planned development, it's an individually owned lot, parcel, or space; and in a stock cooperative, it's the right to exclusively occupy part of the property. It also explains how separate interests are determined by structural boundaries and that such interests might include various types of ownership, such as full ownership or temporary rights like a lease.
(a)CA Civil Law Code § 6564(a) “Separate interest” has the following meanings:
(1)CA Civil Law Code § 6564(a)(1) In a condominium project, “separate interest” means a separately owned unit, as specified in Section 6542.
(2)CA Civil Law Code § 6564(a)(2) In a planned development, “separate interest” means a separately owned lot, parcel, area, or space.
(3)CA Civil Law Code § 6564(a)(3) In a stock cooperative, “separate interest” means the exclusive right to occupy a portion of the real property, as specified in Section 6566.
(b)CA Civil Law Code § 6564(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)CA Civil Law Code § 6564(c) The estate in a separate interest may be a fee, a life estate, an estate for years, or any combination of the foregoing.
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Section § 6566
A "stock cooperative" is a setup where a corporation is created mainly to own a piece of improved real property. In this arrangement, most of the corporation's shareholders are given the exclusive right to live in part of the property the corporation holds. Ownership interests in the corporation, whether shown by stock or membership certificates, are considered interests in a type of real estate and common interest development.
“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.
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