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Civil Code § 1368.3 – Association Standing As Real Party In Interest.

An association established to manage a common interest development has standing to institute, defend, settle, or intervene in litigation, arbitration, mediation, or administrative proceedings in its own name as the real party in interest and without joining with it the individual owners of the common interest development, in matters pertaining…

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Civil Code § 1368.1 – Arbitrary Or Unreasonable Restriction On Owner’s Ability To Market Unit Void.

(a) Any rule or regulation of an association that arbitrarily or unreasonably restricts an owner’s ability to market his or her interest in a common interest development is void. (b) No association may adopt, enforce, or otherwise impose any rule or regulation that does either of the following: (1) Imposes…

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Civil Code § 1367.5 – Lien Filed In Error; Reversal Of Costs And Fees.

If it is determined through dispute resolution pursuant to the association’s “meet and confer” program required in Article 5 (commencing with Section 1363.810) of Chapter 4 or alternative dispute resolution with a neutral third party pursuant to Article 2 (commencing with Section 1369.510) of Chapter 7 that an association has…

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Civil Code § 1367.4 – Limitations On Collection Of Delinquent Assessments Through Foreclosure; Right Of Redemption.

(a) Notwithstanding any law or any provisions of the governing documents to the contrary, this section shall apply to debts for assessments that arise on and after January 1, 2006. (b) An association that seeks to collect delinquent regular or special assessments of an amount less than one thousand eight…

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Civil Code § 1367.1 – Lien For Delinquent Assessments Recorded After January 1, 2003.

(a) A regular or special assessment and any late charges, reasonable fees and costs of collection, reasonable attorney’s fees, if any, and interest, if any, as determined in accordance with Section 1366, shall be a debt of the owner of the separate interest at the time the assessment or other…

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Civil Code § 1366.2 – Collection Of Assessments; Recording Of Identifying Statement.

(a) In order to facilitate the collection of regular assessments, special assessments, transfer fees, and similar charges, the board of directors of any association is authorized to record a statement or amended statement identifying relevant information for the association. This statement may include any or all of the following information:…

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Civil Code § 1366 – Regular And Special Assessments; Limitation On Increases; Delinquent Assessments; Interest.

(a) Except as provided in this section, the association shall levy regular and special assessments sufficient to perform its obligations under the governing documents and this title. However, annual increases in regular assessments for any fiscal year, as authorized by subdivision (b), shall not be imposed unless the board has…

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Civil Code § 1365.9 – Liability For Common Areas; Action Against Association; Insurance Requirements.

(a) It is the intent of the Legislature to offer civil liability protection to owners of the separate interests in a common interest development that have common areas owned in tenancy-in-common if the association carries a certain level of prescribed insurance that covers a cause of action in tort. (b)…

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