Governing DocumentsGeneral Provisions
Section § 4205
This law outlines which documents take priority when there is a conflict. If there is a disagreement between any governing documents and the law, the law wins. If the articles of incorporation clash with the declaration, the declaration wins. If there is a conflict between the bylaws and either the articles of incorporation or the declaration, the articles or declaration win. Lastly, if the operating rules conflict with the bylaws, articles of incorporation, or declaration, those other documents take precedence over the operating rules.
Section § 4210
This section allows an association's board to officially record a statement to help collect financial charges like regular and special assessments. The statement can include details about the association's name, contact information, a list of properties subject to fees, and information about the recorded declaration governing the association. It also allows recording updates to supersede prior information if necessary.
Section § 4215
This law says that documents related to common interest developments, like condos, should be interpreted in a way that helps them function smoothly. Even if part of a document is invalid, other parts can still stand on their own. Also, certain other laws won't make any rules in these documents invalid.
Section § 4220
This law says that when determining the boundaries of a condominium unit, you should go by where the actual physical walls are, rather than what's written in any deed or condo plan. This holds true even if the building has shifted slightly or there's a small difference between what's on paper and what's actually built.
Section § 4225
This section makes it clear that any legal documents or rules governing a community cannot include discriminatory rules that Section 12955 of the Government Code prohibits. Boards have to remove these kind of rules without needing community members' approval. If they update the rules, they must also officially record the changes. If the board doesn't remove such discriminatory rules within 30 days after being asked, legal action, including possibly going to court, can be taken to enforce compliance, and the court might require the losing party to pay the winning party's legal costs.
Section § 4230
This law allows the board of a development to remove certain clauses in their governing documents once the developer finishes building and selling properties. They can only remove rules meant to help the developer with construction or marketing after it's done. Before making any changes, the board must inform all members at least 30 days ahead and hold an open meeting where members can give their input. The changes cannot happen without majority approval from a quorum, which means over half of the members owning no more than two properties.
Section § 4235
This law lets the board of a community association update their governing rules to fix outdated legal references without needing a vote from the members. They can simply pass a board resolution to make these changes. Once corrected, the updated rules can be officially recorded, as long as the board's resolution is filed with them.