A common interest development shall be managed by an association that may be incorporated or unincorporated. The association may be referred to as an owners’ association or a community association.
Article 1Association Existence and Powers
Section § 6750
This law says that if you live in a common interest development, like a condo or a co-op, it will be managed by an owners' or community association. This association might be a formal corporation or just a group without official incorporation.
common interest development owners' association community association condo management co-op management incorporated association unincorporated association homeowners association management property management community governance
Section § 6752
This section of the law states that a homeowners association (HOA), whether or not it's officially incorporated, can use the powers usually given to nonprofit mutual benefit corporations, with some exceptions. If the HOA isn't incorporated, it can't use a corporate seal or issue membership certificates. Both types of associations, however, can use the powers detailed in this specific act.
(a)CA Civil Law Code § 6752(a) Unless the governing documents provide otherwise, and regardless of whether the association is incorporated or unincorporated, the association may exercise the powers granted to a nonprofit mutual benefit corporation, as enumerated in Section 7140 of the Corporations Code, except that an unincorporated association may not adopt or use a corporate seal or issue membership certificates in accordance with Section 7313 of the Corporations Code.
(b)CA Civil Law Code § 6752(b) The association, whether incorporated or unincorporated, may exercise the powers granted to an association in this act.
homeowners association incorporated associations unincorporated associations nonprofit mutual benefit corporations corporate seal membership certificates association powers governing documents Section 7140 Section 7313 Corporations Code California Civil Code nonprofit powers HOA authority legal exceptions
