General ProvisionsDefinitions
Section § 6526
This section explains that the definitions presented in the article are used to understand and interpret the act.
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.
Section § 6530
The term 'Board' refers to the board of directors that oversees an association.
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.
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.
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.
Section § 6540
This law defines a 'condominium plan' as something explained in another section, which is Section 6624.
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.
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.
Section § 6546
The term “Declaration” refers to a specific document that includes the details outlined in another section, specifically Section 6614.
Section § 6548
This section defines a 'Director' as a person who is a member of the board of an organization.
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.
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.
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.
Section § 6554
A "Member" is someone who owns a specific part of a property or community.
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.
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.
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.
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.