SECTIONS 1363-1363.005 - California Statutes

CIVIL CODE

SECTION 1363-1363.005

1363. (a) A common interest development shall be managed by an
association that may be incorporated or unincorporated. The
association may be referred to as a community association.
(b) An association, whether incorporated or unincorporated, shall
prepare a budget pursuant to Section 1365 and disclose information,
if requested, in accordance with Section 1368.
(c) Unless the governing documents provide otherwise, and
regardless of whether the association is incorporated or
unincorporated, the association may exercise the powers granted to a
nonprofit mutual benefit corporation, as enumerated in Section 7140
of the Corporations Code, except that an unincorporated association
may not adopt or use a corporate seal or issue membership
certificates in accordance with Section 7313 of the Corporations
Code.
The association, whether incorporated or unincorporated, may
exercise the powers granted to an association in this title.
(d) Meetings of the membership of the association shall be
conducted in accordance with a recognized system of parliamentary
procedure or any parliamentary procedures the association may adopt.
(e) Notwithstanding any other provision of law, notice of meetings
of the members shall specify those matters the board intends to
present for action by the members, but, except as otherwise provided
by law, any proper matter may be presented at the meeting for action.
(f) Members of the association shall have access to association
records, including accounting books and records and membership lists,
in accordance with Article 3 (commencing with Section 8330) of
Chapter 13 of Part 3 of Division 2 of Title 1 of the Corporations
Code. The members of the association shall have the same access to
the operating rules of the association as they have to the accounting
books and records of the association.
(g) If an association adopts or has adopted a policy imposing any
monetary penalty, including any fee, on any association member for a
violation of the governing documents or rules of the association,
including any monetary penalty relating to the activities of a guest
or invitee of a member, the board of directors shall adopt and
distribute to each member, by personal delivery or first-class mail,
a schedule of the monetary penalties that may be assessed for those
violations, which shall be in accordance with authorization for
member discipline contained in the governing documents. The board of
directors shall not be required to distribute any additional
schedules of monetary penalties unless there are changes from the
schedule that was adopted and distributed to the members pursuant to
this subdivision.
(h) When the board of directors is to meet to consider or impose
discipline upon a member, the board shall notify the member in
writing, by either personal delivery or first-class mail, at least 10
days prior to the meeting. The notification shall contain, at a
minimum, the date, time, and place of the meeting, the nature of the
alleged violation for which a member may be disciplined, and a
statement that the member has a right to attend and may address the
board at the meeting. The board of directors of the association shall
meet in executive session if requested by the member being
disciplined.
If the board imposes discipline on a member, the board shall
provide the member a written notification of the disciplinary action,
by either personal delivery or first-class mail, within 15 days
following the action. A disciplinary action shall not be effective
against a member unless the board fulfills the requirements of this
subdivision.
(i) Whenever two or more associations have consolidated any of
their functions under a joint neighborhood association or similar
organization, members of each participating association shall be (1)
entitled to attend all meetings of the joint association other than
executive sessions, (2) given reasonable opportunity for
participation in those meetings, and (3) entitled to the same access
to the joint association's records as they are to the participating
association's records.
(j) Nothing in this section shall be construed to create, expand,
or reduce the authority of the board of directors of an association
to impose monetary penalties on an association member for a violation
of the governing documents or rules of the association.

1363.001. To the extent existing funds are available, the
Department of Consumer Affairs and the Department of Real Estate
shall develop an on-line education course for the board of directors
of an association regarding the role, duties, laws, and
responsibilities of board members and prospective board members, and
the nonjudicial foreclosure process.

1363.005. The association shall, at the request of any member,
distribute to the member, in the manner described in Section 1350.7,
the following Disclosure Documents Index:

+----------------------------------------------------+
| Disclosure Documents Index |
+----+--------------------------+--------------------+
|Item|Description |Reference Code |
+----+--------------------------+--------------------+
| |Assessment and Reserve |Civil Code Sec. |
|1 |Funding Disclosure |1365.2.5 |
| |Summary (form) | |
+----+--------------------------+--------------------+
| |Pro Forma Operating |Civil Code Sec. |
|2 |Budget or Pro Forma |1365(a) |
| |Operating Budget Summary | |
+----+--------------------------+--------------------+
| |Assessment Collection |Civil Code Sec. |
|3 |Policy |1365(e) and |
| | |1367.1(a) |
+----+--------------------------+--------------------+
|4 |Notice/Assessments and |Civil Code Sec. |
| |Foreclosure (form) |1365.1 |
+----+--------------------------+--------------------+
| | | |
+----+--------------------------+--------------------+
|5 |Insurance Coverage Summary|Civil Code Sec. |
| | |1365(f) |
+----+--------------------------+--------------------+
|6 |Board Minutes Access |Civil Code Sec. |
| | |1363.05(e) |
+----+--------------------------+--------------------+
| |Alternative Dispute |Civil Code Sec. |
|7 |Resolution (ADR) Rights |1369.590 |
| |(summary) | |
+----+--------------------------+--------------------+
| |Internal Dispute |Civil Code Sec. |
|8 |Resolution (IDR) Rights |1363.850 |
| |(summary) | |
+----+--------------------------+--------------------+
|9 |Architectural Changes |Civil Code |
| |Notice |Sec.1378(c) |
+----+--------------------------+--------------------+
|10 |Secondary Address |Civil Code Sec. |
| |Notification Request |1367.1(k) |
+----+--------------------------+--------------------+
|11 |Monetary Penalties |Civil Code Sec. |
| |Schedule |1363(g) |
+----+--------------------------+--------------------+
| | | |
+----+--------------------------+--------------------+
|12 |Reserve Funding Plan |Civil Code Sec. |
| |(summary) |1365(b) |
+----+--------------------------+--------------------+
|13 |Review of Financial |Civil Code Sec. |
| |Statement |1365(c) |
+----+--------------------------+--------------------+
|14 |Annual Update of Reserve |Civil Code Sec. |
| |Study |1365(a) |
+----+--------------------------+--------------------+