General Provisions for Common Interest Developments

Part 5 of Division 4 of the California Civil Code deals with common interest developments. Chapter 1 contains general provisions and Article 1 deals with preliminary provisions.

Section 4000 provides that this part is known as the Davis-Stirling Common Interest Development Act. Section 4005 explains that division, part, title, chapter, article, and section headings do not in any manner affect the scope, meaning, or intent of this act.

Section 4010 states that nothing in this act is to 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. The term “document” does not include a governing document.

Section 4020 says that, 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 states that, if a provision of this act requires that a document be delivered to an association, the document must be delivered to the person designated in the annual policy statement to receive documents on behalf of the association. If no person has been designated to receive documents, the document is to be delivered to the president or secretary of the association.

Section 4040 explains that, if a provision of this act requires an association to deliver a document by “individual delivery” or “individual notice,” the association is required to deliver that document in accordance with the preferred delivery method specified by the member.

Section 4041 requires a member, on an annual basis, to provide written notice to the association of all of the four specified items. The association is required to solicit the annual notices of each owner and, at least 30 days before making its own required disclosure is required to enter the data into its books and records. The association must include in the solicitation required both of the specified items.

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. To the extent that interests regulated are part of a mixed-use project where those interests comprise a portion of a common interest development, the association is deemed compliant with this section if, at least once annually, it obtains from the time-share plan association a copy of the list described, and enters the data into its books and records.

Section 4045 provides that, if a provision of this act requires “general delivery” or “general notice,” the document is required to be provided by one or more of the five specified methods.

Section 4050 states that this section governs the delivery of a document pursuant to this act. If a document is delivered by mail, delivery is deemed to be complete on deposit into the United States mail. If a document is delivered by electronic means, delivery is complete at the time of transmission.

Section 4055 says that, if the association or a member receives information by electronic delivery, 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. 

Section 4065 says that, if a provision of this act requires that an action be approved by a majority of all members, the action is to be approved or ratified by an affirmative vote of a majority of the votes entitled to be cast.

Section 4070 provides that, if a provision of this act requires that an action be approved by a majority of a quorum of the members, the action is to 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.