Section § 4000

Explanation
This section is simply naming a set of laws as the 'Davis-Stirling Common Interest Development Act'. It clarifies that this title can be used when referring to these specific laws.
This part shall be known and may be cited as the Davis-Stirling Common Interest Development Act. In a provision of this part, the part may be referred to as the act.

Section § 4005

Explanation

This section states that the headings used in legal documents like divisions, parts, titles, chapters, articles, and sections are just for organization and convenience. They don't change or influence the law's meaning or intent. It's a reminder that the actual text of the law itself is what's important, not these labels.

Division, part, title, chapter, article, and section headings do not in any manner affect the scope, meaning, or intent of this act.

Section § 4010

Explanation

This law says that any documents created or actions taken before January 1, 2014, for common interest developments remain valid if they were allowed under the laws at that time. However, it clarifies that when they mention 'document,' they are not talking about governing documents.

Nothing in the act that added this part shall be construed to invalidate a document prepared or action taken before January 1, 2014, if the document or action was proper under the law governing common interest developments at the time that the document was prepared or the action was taken. For the purposes of this section, “document” does not include a governing document.

Section § 4020

Explanation

This law says that unless it's specifically stated otherwise, local zoning rules should apply the same way to similar structures and spaces, no matter how the property is organized legally, like in a condo or co-op setting.

Unless a contrary intent is clearly expressed, a local zoning ordinance is construed to treat like structures, lots, parcels, areas, or spaces in like manner regardless of the form of the common interest development.

Section § 4035

Explanation

This law explains how to deliver documents to an association. Documents should be sent to the person specified in the association's annual policy, or if no one is specified, to the president or secretary. Documents can be delivered by email, fax, or other electronic means if the association agrees, personally with a receipt, or through various forms of mail.

(a)CA Civil Law Code § 4035(a) If a provision of this act requires that a document be delivered to an association, the document shall be delivered to the person designated in the annual policy statement, prepared pursuant to Section 5310, to receive documents on behalf of the association. If no person has been designated to receive documents, the document shall be delivered to the president or secretary of the association.
(b)CA Civil Law Code § 4035(b) A document delivered pursuant to this section may be delivered by any of the following methods:
(1)CA Civil Law Code § 4035(b)(1) By email, facsimile, or other electronic means, if the association has assented to that method of delivery.
(2)CA Civil Law Code § 4035(b)(2) By personal delivery, if the association has assented to that method of delivery. If the association accepts a document by personal delivery it shall provide a written receipt acknowledging delivery of the document.
(3)CA Civil Law Code § 4035(b)(3) By first-class mail, postage prepaid, registered or certified mail, express mail, or overnight delivery by an express service center.

Section § 4040

Explanation
If an association has to send a document to a member, they must use the delivery method the member prefers, if given. If not, they should send it via first-class mail or similar methods to the member's last known address. Members can also request delivery to a secondary address for certain important documents. Any special delivery instructions included in the association's documents don't count unless the member agreed to them. This rule started on January 1, 2023.
(a)Copy CA Civil Law Code § 4040(a)
(1)Copy CA Civil Law Code § 4040(a)(1) If a provision of this act requires an association to deliver a document by “individual delivery” or “individual notice,” the association shall deliver that document in accordance with the preferred delivery method specified by the member pursuant to Section 4041.
(2)CA Civil Law Code § 4040(a)(2) If the member has not provided a valid delivery method pursuant to Section 4041, the association shall deliver the document by first-class mail, registered or certified mail, express mail, or overnight delivery by an express service carrier addressed to the recipient at the address last shown on the books of the association.
(b)CA Civil Law Code § 4040(b) Upon receipt of a request by a member identifying a secondary email or mailing address for delivery of notices, pursuant to Section 5260, the association shall deliver an additional copy of both of the following to the secondary address identified in that request:
(1)CA Civil Law Code § 4040(b)(1) The documents to be delivered to the member pursuant to Article 7 (commencing with Section 5300) of Chapter 6.
(2)CA Civil Law Code § 4040(b)(2) The documents to be delivered to the member pursuant to Article 2 (commencing with Section 5650) of Chapter 8 and Section 5710.
(c)CA Civil Law Code § 4040(c) For the purposes of this section, an unrecorded provision of the governing documents providing for a particular method of delivery does not constitute agreement by a member to that method of delivery.
(d)CA Civil Law Code § 4040(d) This section shall become operative on January 1, 2023.

Section § 4041

Explanation

This law requires members of a homeowners' association to give written notice each year about how they prefer to receive communications from the association, either by mail or email. Members can also provide backup methods for receiving notices and must include contact details for a legal representative if they have one. The association is responsible for requesting this information annually and must update its records before making any required disclosures. If a member does not provide updated details, the last known address will be used. The association must also confirm email validity and update any non-working addresses. Special rules apply for associations within mixed-use developments involving time-shares.

(a)CA Civil Law Code § 4041(a) A member shall, on an annual basis, provide written notice to the association of all of the following:
(1)CA Civil Law Code § 4041(a)(1) The member’s preferred delivery method for receiving notices from the association, which shall include the option of receiving notices at one or both of the following:
(A)CA Civil Law Code § 4041(a)(1)(A) A mailing address.
(B)CA Civil Law Code § 4041(a)(1)(B) A valid email address.
(2)CA Civil Law Code § 4041(a)(2) An alternate or secondary delivery method for receiving notices from the association, which shall include the option to receive notices at one or both of the following:
(A)CA Civil Law Code § 4041(a)(2)(A) A mailing address.
(B)CA Civil Law Code § 4041(a)(2)(B) A valid email address.
(3)CA Civil Law Code § 4041(a)(3) The name, mailing address, and, if available, valid email address of the owner’s legal representative, if any, including any person with power of attorney or other person who can be contacted in the event of the member’s extended absence from the separate interest.
(4)CA Civil Law Code § 4041(a)(4)  Whether the separate interest is owner-occupied, is rented out, if the parcel is developed but vacant, or if the parcel is undeveloped land.
(b)Copy CA Civil Law Code § 4041(b)
(1)Copy CA Civil Law Code § 4041(b)(1) The association shall solicit the annual notices described in subdivision (a) of each owner and, at least 30 days before making its own required disclosure under Sections 5300 and 5310, shall enter the data into its books and records.
(2)CA Civil Law Code § 4041(b)(2) The association shall include in the solicitation required by paragraph (1) both of the following:
(A)CA Civil Law Code § 4041(b)(2)(A) Notification that the member does not have to provide an email address to the association.
(B)CA Civil Law Code § 4041(b)(2)(B) A simple method for the member to inform the association in writing that the member wishes to change their preferred delivery method for receiving notices from the association.
(c)CA Civil Law Code § 4041(c) If a member fails to provide the notices set forth in subdivision (a), the last mailing address provided in writing by the member or, if none, the property address shall be deemed to be the address to which notices are to be delivered.
(d)Copy CA Civil Law Code § 4041(d)
(1)Copy CA Civil Law Code § 4041(d)(1) To the extent that interests regulated in Chapter 2 (commencing with Section 11210) of Part 2 of Division 4 of the Business and Professions Code are part of a mixed-use project where those interests comprise a portion of a common interest development, the association, as defined in Section 4080, shall be deemed compliant with this section if, at least once annually, it obtains from the time-share plan association a copy of the list described in subdivision (e) of Section 11273 of the Business and Professions Code, and enters the data into its books and records.
(2)CA Civil Law Code § 4041(d)(2) Notwithstanding subdivision (e) of Section 11273 of the Business and Professions Code, the time-share plan association shall provide the list required by paragraph (1) to the association at least annually for this purpose.
(e)CA Civil Law Code § 4041(e) For the purposes of this section, a valid email address is one that, after a notice is sent, does not result in a bounce or other error notification indicating failure of the message. If the association delivers a notice to a member’s email address and finds that the email address provided is no longer valid, the association shall resend the notice to a mailing or email address identified by the member pursuant to Section 4040.

Section § 4045

Explanation

This law section outlines how a document should be delivered if "general delivery" or "general notice" is required. It can be done through various methods such as delivery methods detailed in Section 4040, inclusion in a billing statement or newsletter, posting in a designated location, broadcasting on association TV programming, or posting prominently on an association's website. Additionally, if a member prefers individual delivery, the notice must be delivered according to Section 4040, and this option should be mentioned in an annual policy statement.

(a)CA Civil Law Code § 4045(a) If a provision of this act requires “general delivery” or “general notice,” the document shall be provided by one or more of the following methods:
(1)CA Civil Law Code § 4045(a)(1) Any method provided for delivery of an individual notice pursuant to Section 4040.
(2)CA Civil Law Code § 4045(a)(2) Inclusion in a billing statement, newsletter, or other document that is delivered by one of the methods provided in this section.
(3)CA Civil Law Code § 4045(a)(3) Posting the printed document in a prominent location that is accessible to all members, if the location has been designated for the posting of general notices by the association in the annual policy statement prepared pursuant to Section 5310.
(4)CA Civil Law Code § 4045(a)(4) If the association broadcasts television programming for the purpose of distributing information on association business to its members, by inclusion in the programming.
(5)CA Civil Law Code § 4045(a)(5) If the association maintains an internet website for the purpose of distributing information on association business to its members, by posting the notice on the association’s internet website in a prominent location that is accessible to all members if designated as a location for posting general notices in the annual policy statement prepared pursuant to Section 5310.
(b)CA Civil Law Code § 4045(b) Notwithstanding subdivision (a), if a member requests to receive general notices by individual delivery, all general notices to that member, given under this section, shall be delivered pursuant to Section 4040. The option provided in this subdivision shall be described in the annual policy statement prepared pursuant to Section 5310.

Section § 4050

Explanation

This law section explains how delivering documents works under this act. If you send a document by mail, it's considered delivered when you drop it in the mailbox. If you send it electronically, like through email, it's considered delivered as soon as you hit send.

(a)CA Civil Law Code § 4050(a) This section governs the delivery of a document pursuant to this act.
(b)CA Civil Law Code § 4050(b) If a document is delivered by mail, delivery is deemed to be complete on deposit into the United States mail.
(c)CA Civil Law Code § 4050(c) If a document is delivered by electronic means, delivery is complete at the time of transmission.

Section § 4055

Explanation

This law explains that if an association or member receives information electronically, and it's supposed to be in writing, it's acceptable as long as the recipient can keep or save it. The message isn't considered retainable if the sender has stopped the recipient from printing or storing it.

If the association or a member receives information by electronic delivery pursuant to Section 4040, and a provision of this act requires that the information be in writing, that requirement is satisfied if the information is provided in an electronic record capable of retention by the recipient at the time of receipt. An electronic record is not capable of retention by the recipient if the sender or its information processing system inhibits the ability of the recipient to print or store the electronic record.

Section § 4065

Explanation

This law explains that if a decision needs to be approved by most members, it is ratified when most of the eligible voting members agree.

If a provision of this act requires that an action be approved by a majority of all members, the action shall be approved or ratified by an affirmative vote of a majority of the votes entitled to be cast.

Section § 4070

Explanation

This law states that if a decision needs approval by a majority of a quorum of members, it must be approved by more than half of the votes from a valid election where enough members are present to meet the quorum requirement.

If a provision of this act requires that an action be approved by a majority of a quorum of the members, the action shall be approved or ratified by an affirmative vote of a majority of the votes represented and voting in a duly held election in which a quorum is represented, which affirmative votes also constitute a majority of the required quorum.