General ProvisionsDefinitions
Section § 4075
This section says that the definitions provided in this article must be used to understand and interpret the act it relates to.
Section § 4076
This law section defines what an "annual budget report" is by referring to another section, specifically Section 5300.
Section § 4078
This section simply defines what an 'annual policy statement' is by referring to a description provided in another section, specifically Section 5310.
Section § 4080
This law defines an "association" as a nonprofit organization, which can be a corporation or unincorporated group, that is set up to manage a community where property ownership is shared or common, such as a condo or a homeowners' association.
Section § 4085
Section § 4090
This law defines what constitutes a 'board meeting' for an association. It can be a physical gathering where enough directors are present to make decisions, or a teleconference where directors connect using audio or video links from different places. For teleconferences, there must be a location specified for members to attend physically unless it's a private session. These meetings must ensure that all directors can hear each other and members who speak during the meeting.
Section § 4095
This section defines 'common area' in a housing community. Generally, it's everything in the community that isn't a privately-owned part, and it could involve various ownership forms like full ownership, temporary rights, or others. However, in some planned communities, the common area might just be shared access rights connected to privately-owned parts.
Section § 4100
This law section explains what is meant by a "common interest development" in California. It includes four types: community apartment projects, condominium projects, planned developments, and stock cooperatives.
Section § 4105
This section defines a 'community apartment project' as a type of housing where you share ownership of the land with others but have the exclusive rights to live in a specific apartment there.
Section § 4110
This law defines what a 'community service organization or similar entity' is in the context of providing services to residents of a common interest development in California. It's a nonprofit organization that serves not only the residents but also the public, using community resources that are available to everyone. However, it doesn't include organizations that are solely set up to fundraise and donate to other tax-exempt nonprofits focused on providing housing or housing help.
Section § 4120
This section defines a 'condominium plan' as a plan that is detailed in another section, specifically Section 4285.
Section § 4125
This law explains what makes up a 'condominium project' in California. A condominium project is a type of real estate development with multiple individual condos. Each condo is made up of two parts: shared ownership in parts of the property (like common areas) and a private unit. The boundaries of each condo unit are specified on official maps or plans, and they might include air, earth, or fixtures without being directly connected to the ground. Sometimes, a condo owner might also own additional parts of the property beyond their unit.
Section § 4130
This law explains who is considered a 'declarant' in a declaration. A declarant is either the person or group named in the declaration as such, or if no one is named, it’s the person or group who signed the original document or who inherits special rights or privileges from the original signer.
Section § 4135
In this context, a "Declaration" is any document, no matter what it's called, that includes specific details outlined in Sections 4250 and 4255.
Section § 4140
In this section, 'Director' refers to a person who is a member of a board of directors.
Section § 4145
This California law defines "exclusive use common area" in a housing community, such as a condo. It refers to parts of the property's common areas that are designated for the use of specific owners and their units, but not all owners. This could include things like patios, balconies, or exterior doors that serve a single unit but are outside its official boundaries. Even telephone wiring that serves only one unit but runs outside can be an exclusive use area, which means that despite its location, it's meant just for that unit's use.
Section § 4148
In this context, 'general notice' refers to how a document is delivered according to the rules set out in Section 4045.
Section § 4150
This law section defines 'governing documents' as the papers that explain how a homeowners' association or common interest development works. These include things like the declaration, bylaws, and any rules or articles of incorporation.
Section § 4153
Section § 4155
In simple terms, an 'item of business' refers to any decision or action that the board can make, unless the board has officially given that responsibility to someone else, like an individual, a managing agent, an officer, or a small committee of the board.
Section § 4158
This law defines what a "managing agent" is in the context of a common interest development, like a condominium or homeowners' association. It clarifies that a managing agent is someone who manages the assets of such developments for payment. However, it specifies that this does not include banks or financial institutions doing their usual business or attorneys performing their legal duties.
Section § 4160
A 'Member' is simply someone who owns a separate interest, like a piece of property or a condo unit.
Section § 4170
This section defines the term "person" to include not just individual people, but also organizations like companies, governments, trusts, partnerships, and other types of entities.
Section § 4175
A planned development is a type of real estate project that is not a community apartment, condo, or stock cooperative. It includes shared spaces (common area) that are either owned by an association or jointly by the property owners. These areas are managed by an association that can charge fees or assessments, which can become liens on individual properties if unpaid, meaning they could potentially lead to financial claims against the property.
Section § 4177
The term "reserve accounts" refers to money set aside by a board for future repairs or upgrades for major items the association must maintain. It also includes any money from compensation or settlements for property damage due to construction or design defects, which must be tracked separately from other reserve funds.
Section § 4178
Section § 4185
This section defines what a "separate interest" means in different types of housing projects. In a community apartment project, it's the right to exclusively occupy an apartment. In a condominium project, it's an individually owned unit. For planned developments, it's individually owned property like a lot or space. In a stock cooperative, it's the exclusive right to use a part of the property. Additionally, this section describes what parts of a property are considered part of a separate interest, typically the interior surfaces of walls and floors, unless stated otherwise. Finally, the type of ownership of a separate interest can vary, such as owning it outright or for a specific time period.
Section § 4190
A 'stock cooperative' is a type of housing arrangement where a corporation owns a building, and shareholders have the right to exclusively live in specific parts of it. Each shareholder's stake in the corporation is considered an interest in a shared real estate development. This definition also includes a 'limited equity housing cooperative,' which has specific criteria under another section of the law.