Governing DocumentsGeneral Provisions
Section § 6600
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.
Section § 6602
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.
Section § 6604
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.
Section § 6606
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.
Section § 6608
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.
Section § 6610
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.