Section § 4340

Explanation

This law defines two terms related to the management of a community association. An "operating rule" is a guideline set by the board that affects how the community is run. A "rule change" refers to when the board creates, modifies, or removes one of these rules.

For the purposes of this article:
(a)CA Civil Law Code § 4340(a) “Operating rule” means a regulation adopted by the board that applies generally to the management and operation of the common interest development or the conduct of the business and affairs of the association.
(b)CA Civil Law Code § 4340(b) “Rule change” means the adoption, amendment, or repeal of an operating rule by the board.

Section § 4350

Explanation

For an operating rule to be valid and enforceable, it must fulfill several conditions. It must be written down, authorized by the board's legal or governing documents, and not contradict existing laws or the organization's foundational documents. Furthermore, the rule should be made or changed honestly, following the proper procedures, and it must be reasonable.

An operating rule is valid and enforceable only if all of the following requirements are satisfied:
(a)CA Civil Law Code § 4350(a) The rule is in writing.
(b)CA Civil Law Code § 4350(b) The rule is within the authority of the board conferred by law or by the declaration, articles of incorporation or association, or bylaws of the association.
(c)CA Civil Law Code § 4350(c) The rule is not in conflict with governing law and the declaration, articles of incorporation or association, or bylaws of the association.
(d)CA Civil Law Code § 4350(d) The rule is adopted, amended, or repealed in good faith and in substantial compliance with the requirements of this article.
(e)CA Civil Law Code § 4350(e) The rule is reasonable.

Section § 4355

Explanation

This law outlines when certain rules (Sections 4360 and 4365) apply to managing shared living spaces, like condos or homeowner associations. The rules are applicable to things like using shared areas, setting penalties for breaking rules, handling payments, resolving disputes, approving property changes, and managing elections. However, these rules don't apply to straightforward decisions about maintaining shared spaces, decisions on unique issues, setting fees, rule changes required by law, or documents that just repeat existing rules.

(a)CA Civil Law Code § 4355(a) Sections 4360 and 4365 only apply to an operating rule that relates to one or more of the following subjects:
(1)CA Civil Law Code § 4355(a)(1) Use of the common area or of an exclusive use common area.
(2)CA Civil Law Code § 4355(a)(2) Use of a separate interest, including any aesthetic or architectural standards that govern alteration of a separate interest.
(3)CA Civil Law Code § 4355(a)(3) Member discipline, including any schedule of monetary penalties for violation of the governing documents and any procedure for the imposition of penalties.
(4)CA Civil Law Code § 4355(a)(4) Any standards for delinquent assessment payment plans.
(5)CA Civil Law Code § 4355(a)(5) Any procedures adopted by the association for resolution of disputes.
(6)CA Civil Law Code § 4355(a)(6) Any procedures for reviewing and approving or disapproving a proposed physical change to a member’s separate interest or to the common area.
(7)CA Civil Law Code § 4355(a)(7) Procedures for elections.
(b)CA Civil Law Code § 4355(b) Sections 4360 and 4365 do not apply to the following actions by the board:
(1)CA Civil Law Code § 4355(b)(1) A decision regarding maintenance of the common area.
(2)CA Civil Law Code § 4355(b)(2) A decision on a specific matter that is not intended to apply generally.
(3)CA Civil Law Code § 4355(b)(3) A decision setting the amount of a regular or special assessment.
(4)CA Civil Law Code § 4355(b)(4) A rule change that is required by law, if the board has no discretion as to the substantive effect of the rule change.
(5)CA Civil Law Code § 4355(b)(5) Issuance of a document that merely repeats existing law or the governing documents.

Section § 4360

Explanation

This law explains how a board should handle changes to rules. Generally, they must give notice to members 28 days before a proposed rule change, including the text and purpose of the change, unless it's an emergency. The board must consider member comments before deciding. After making a rule change, they must notify members within 15 days, especially for emergency changes, which can last up to 120 days. These emergency changes can only happen when there's a health, safety threat, or financial risk and cannot be renewed.

(a)CA Civil Law Code § 4360(a) The board shall provide general notice pursuant to Section 4045 of a proposed rule change at least 28 days before making the rule change. The notice shall include the text of the proposed rule change and a description of the purpose and effect of the proposed rule change. Notice is not required under this subdivision if the board determines that an immediate rule change is necessary to address an imminent threat to public health or safety or imminent risk of substantial economic loss to the association.
(b)CA Civil Law Code § 4360(b) A decision on a proposed rule change shall be made at a board meeting, after consideration of any comments made by association members.
(c)CA Civil Law Code § 4360(c) As soon as possible after making a rule change, but not more than 15 days after making the rule change, the board shall deliver general notice pursuant to Section 4045 of the rule change. If the rule change was an emergency rule change made under subdivision (d), the notice shall include the text of the rule change, a description of the purpose and effect of the rule change, and the date that the rule change expires.
(d)CA Civil Law Code § 4360(d) If the board determines that an immediate rule change is required to address an imminent threat to public health or safety, or an imminent risk of substantial economic loss to the association, it may make an emergency rule change, and no notice is required, as specified in subdivision (a). An emergency rule change is effective for 120 days, unless the rule change provides for a shorter effective period. A rule change made under this subdivision may not be readopted under this subdivision.

Section § 4365

Explanation

This law section allows members of a homeowner association to reverse a rule change if they own at least 5% of the properties affected. They can call for a special vote, which must happen between 35 and 90 days after the request if it's submitted within a month of being notified of the rule change. Members have the right to see the membership list to gather signatures for the vote if it's relevant to their interests. The rule can be overturned if a majority of the voting members agree, or a higher percentage if specified. Members generally get one vote per property owned. A reversed rule can't be reintroduced for a year, but a new rule on the same topic can be made. Results of the vote must be announced within 15 days of counting the votes. This doesn't apply to urgent rule changes.

(a)CA Civil Law Code § 4365(a) Members of an association owning 5 percent or more of the separate interests may call a special vote of the members to reverse a rule change.
(b)CA Civil Law Code § 4365(b) A special vote of the members may be called by delivering a written request to the association. Not less than 35 days nor more than 90 days after receipt of a proper request, the association shall hold a vote of the members on whether to reverse the rule change, pursuant to Article 4 (commencing with Section 5100) of Chapter 6. The written request may not be delivered more than 30 days after the association gives general notice of the rule change, pursuant to Section 4045.
(c)CA Civil Law Code § 4365(c) For the purposes of Section 5225 of this code and Section 8330 of the Corporations Code, collection of signatures to call a special vote under this section is a purpose reasonably related to the interests of the members of the association. A member request to copy or inspect the membership list solely for that purpose may not be denied on the grounds that the purpose is not reasonably related to the member’s interests as a member.
(d)CA Civil Law Code § 4365(d) The rule change may be reversed by the affirmative vote of a majority of a quorum of the members, pursuant to Section 4070, or if the declaration or bylaws require a greater percentage, by the affirmative vote of the percentage required.
(e)CA Civil Law Code § 4365(e) Unless otherwise provided in the declaration or bylaws, for the purposes of this section, a member may cast one vote per separate interest owned.
(f)CA Civil Law Code § 4365(f) A rule change reversed under this section may not be readopted for one year after the date of the vote reversing the rule change. Nothing in this section precludes the board from adopting a different rule on the same subject as the rule change that has been reversed.
(g)CA Civil Law Code § 4365(g) As soon as possible after the close of voting, but not more than 15 days after the close of voting, the board shall provide general notice pursuant to Section 4045 of the results of the member vote.
(h)CA Civil Law Code § 4365(h) This section does not apply to an emergency rule change made under subdivision (d) of Section 4360.

Section § 4370

Explanation

This law section states that any rule changes that started on or after January 1, 2004, must follow this article's guidelines. It also clarifies that if a rule change began before that date, its validity is not affected by this article. A rule change is considered to have started when the board takes its first official action towards implementing the change.

(a)CA Civil Law Code § 4370(a) This article applies to a rule change commenced on or after January 1, 2004.
(b)CA Civil Law Code § 4370(b) Nothing in this article affects the validity of a rule change commenced before January 1, 2004.
(c)CA Civil Law Code § 4370(c) For the purposes of this section, a rule change is commenced when the board takes its first official action leading to adoption of the rule change.