Section § 6600

Explanation

This section explains what takes priority when there are conflicts between different kinds of governing documents. Basically, if there's a clash between any document and the law, the law wins. If the articles of incorporation and the declaration have conflicting information, the declaration takes priority. If there's a mismatch between the bylaws and either the articles of incorporation or the declaration, the latter documents prevail. Finally, if the operating rules disagree with the bylaws, articles of incorporation, or declaration, those documents override the operating rules.

(a)CA Civil Law Code § 6600(a) To the extent of any conflict between the governing documents and the law, the law shall prevail.
(b)CA Civil Law Code § 6600(b) To the extent of any conflict between the articles of incorporation and the declaration, the declaration shall prevail.
(c)CA Civil Law Code § 6600(c) To the extent of any conflict between the bylaws and the articles of incorporation or declaration, the articles of incorporation or declaration shall prevail.
(d)CA Civil Law Code § 6600(d) To the extent of any conflict between the operating rules and the bylaws, articles of incorporation, or declaration, the bylaws, articles of incorporation, or declaration shall prevail.

Section § 6602

Explanation

This law says that any paperwork related to a shared property community, like a condo development, should be interpreted in a way that makes managing the community easier. The rules in these documents are separate from one another so that if one part is invalid, it doesn't mess up the rest. Also, certain other state laws won't cancel out the rules set in these documents.

Any deed, declaration, or condominium plan for a common interest development shall be liberally construed to facilitate the operation of the common interest development, and its provisions shall be presumed to be independent and severable. Nothing in Article 3 (commencing with Section 715) of Chapter 2 of Title 2 of Part 1 of Division 2 shall operate to invalidate any provisions of the governing documents.

Section § 6604

Explanation

This law says that when interpreting the boundaries of a condominium unit, the actual physical boundaries of the unit, as they exist, take precedence over the boundaries written in the deed or condominium plan. This holds true even if the building settles, shifts, or if there are slight differences between the plan and the building's real boundaries.

In interpreting deeds and condominium plans, the existing physical boundaries of a unit in a condominium project, when the boundaries of the unit are contained within a building, or of a unit reconstructed in substantial accordance with the original plans thereof, shall be conclusively presumed to be its boundaries rather than the metes and bounds expressed in the deed or condominium plan, if any exists, regardless of settling or lateral movement of the building and regardless of minor variance between boundaries shown on the plan or in the deed and those of the building.

Section § 6606

Explanation

This law states that property documents can't have discriminatory rules that violate certain civil rights laws. If such discriminatory rules exist, the homeowners' board must change the documents to remove them, without needing approval from homeowners. If the board updates the documents, it must officially record them. If the board doesn't remove such rules after being asked, individuals or officials can sue to enforce the removal. Courts can also award legal fees to the winner of the lawsuit.

(a)CA Civil Law Code § 6606(a) No declaration or other governing document shall include a restrictive covenant in violation of Section 12955 of the Government Code.
(b)CA Civil Law Code § 6606(b) Notwithstanding any other provision of law or provision of the governing documents, the board, without approval of the members, shall amend any declaration or other governing document that includes a restrictive covenant prohibited by this section to delete the restrictive covenant, and shall restate the declaration or other governing document without the restrictive covenant but with no other change to the declaration or governing document.
(c)CA Civil Law Code § 6606(c) If the declaration is amended under this section, the board shall record the restated declaration in each county in which the common interest development is located. If the articles of incorporation are amended under this section, the board shall file a certificate of amendment with the Secretary of State pursuant to Section 7814 of the Corporations Code.
(d)CA Civil Law Code § 6606(d) If after providing written notice to an association, pursuant to Section 6512, requesting that the association delete a restrictive covenant that violates subdivision (a), and the association fails to delete the restrictive covenant within 30 days of receiving the notice, Civil Rights Department, a city or county in which a common interest development is located, or any person may bring an action against the association for injunctive relief to enforce subdivision (a). The court may award attorney’s fees to the prevailing party.

Section § 6608

Explanation

This section allows a homeowners' association board to amend certain governing documents to remove provisions that specifically help a developer finish building or selling parts of a property development. These changes can only be made after the developer has finished all construction and sales activities. The board can remove rules about things like developer access over common areas but can't change rules for specific phases until those phases are done. Before making these changes, the board has to inform all members 30 days in advance and hold an open meeting where members can comment. Also, more than half of the members in good standing (those owning no more than two properties) must approve any changes.

(a)CA Civil Law Code § 6608(a) Notwithstanding any provision of the governing documents to the contrary, the board may, after the developer has completed construction of the development, has terminated construction activities, and has terminated marketing activities for the sale, lease, or other disposition of separate interests within the development, adopt an amendment deleting from any of the governing documents any provision which is unequivocally designed and intended, or which by its nature can only have been designed or intended, to facilitate the developer in completing the construction or marketing of the development. However, provisions of the governing documents relative to a particular construction or marketing phase of the development may not be deleted under the authorization of this subdivision until that construction or marketing phase has been completed.
(b)CA Civil Law Code § 6608(b) The provisions which may be deleted by action of the board shall be limited to those which provide for access by the developer over or across the common area for the purposes of (1) completion of construction of the development, and (2) the erection, construction, or maintenance of structures or other facilities designed to facilitate the completion of construction or marketing of separate interests.
(c)CA Civil Law Code § 6608(c) At least 30 days prior to taking action pursuant to subdivision (a), the board shall deliver to all members, by individual delivery pursuant to Section 6514, (1) a copy of all amendments to the governing documents proposed to be adopted under subdivision (a), and (2) a notice of the time, date, and place the board will consider adoption of the amendments.
The board may consider adoption of amendments to the governing documents pursuant to subdivision (a) only at a meeting that is open to all members, who shall be given opportunity to make comments thereon. All deliberations of the board on any action proposed under subdivision (a) shall only be conducted in an open meeting.
(d)CA Civil Law Code § 6608(d) The board may not amend the governing documents pursuant to this section without the approval of a majority of a quorum of the members, pursuant to Section 6524. For the purposes of this section, “quorum” means more than 50 percent of the members who own no more than two separate interests in the development.

Section § 6610

Explanation

This law allows a homeowners association board to update references in their governing documents if those references have changed due to updates in the Davis-Stirling Act. The board can make these corrections without needing a vote from the members. They just need to pass a resolution and can then file the corrected documents officially.

(a)CA Civil Law Code § 6610(a) Notwithstanding any other law or provision of the governing documents, if the governing documents include a reference to a provision of the Davis-Stirling Common Interest Development Act that was continued in a new provision by the act that added this section, the board may amend the governing documents, solely to correct the cross-reference, by adopting a board resolution that shows the correction. Member approval is not required in order to adopt a resolution pursuant to this section.
(b)CA Civil Law Code § 6610(b) A declaration that is corrected under this section may be restated in corrected form and recorded, provided that a copy of the board resolution authorizing the corrections is recorded along with the restated declaration.