§1369.550 – Tolling of Statutes of Limitations

If a Request for Resolution is served before the end of the applicable time limitation for commencing an enforcement action, the time limitation is tolled during the following periods: The […]

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§1369.540 – Completion, Conduct and Cost

If the party on whom a Request for Resolution is served accepts the request, the parties shall complete the alternative dispute resolution within 90 days after the party initiating the […]

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§1369.530 – Initiating Process

Any party to a dispute may initiate the process required by Section 1369.520 by serving on all other parties to the dispute a Request for Resolution. The Request for Resolution […]

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§1369.520 – Prefiling Requirements

An association or an owner or a member of a common interest development may not file an enforcement action in the superior court unless the parties have endeavored to submit […]

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§1369.510 – Definitions: Alternative Dispute Resolution and Enforcement Action

As used in this article: “Alternative dispute resolution” means mediation, arbitration, conciliation, or other no judicial procedure that involves a neutral party in the decision making process. The form of […]

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Article 2. Alternative Dispute Resolution (§1369.510-§1369.590)

§1369.510 – Definitions: Alternative Dispute Resolution and Enforcement Action §1369.520 – Prefiling Requirements §1369.530 – Initiating Process §1369.540 – Completion, Conduct and Cost §1369.550 – Tolling of Statutes of Limitations […]

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§1369 – Liens for Labor Materials

In a condominium project, no labor performed or services or materials furnished with the consent of, or at the request of, an owner in the condominium project or his or […]

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§1368.5 – Civil Action; Damage to Common Interest Development; Notice to Members [Renumbered from Former §1368.4]

Not later than 30 days prior to the filing of any civil action by the association against the declarant or other developer of a common interest development for alleged damage […]

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§1368.4 – Recovery of Damages

In an action maintained by an association pursuant to subdivision (b), (c), or (d) of Section 1368.3, the amount of damages recovered by the association shall be reduced by the […]

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§1368.3 – Standing of Association

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 […]

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Collection Rights & Duties

This article provides a description of the association’s collection rights and duties, outlined in the new Davis-Stirling Act, effective January 1st, 2014. As part of the Annual Policy Statement, every […]

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Notice of Architectural Guidelines and Procedures

This article describes the Notice of Architectural Guidelines and Procedures as it is defined in the new Davis-Stirling Act, effective January 1st, 2014. An association must annually provide its members […]

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Discipline Policy

Under the new Davis-Stirling Act, effective January 1st, 2014, any association that has a policy regarding monetary penalties is required to adopt and distribute to each member a schedule of […]

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Annual Policy Statement

Annual Policy Statement Overview The Annual Policy Statement is one of two main collections of disclosures required under the New Davis-Stirling Act. The second main collection of disclosures is contained […]

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Review of Financial Statement

California Civil Code §5305 under the new Davis-Stirling Act, effective January 1, 2014, requires that every association whose gross income exceeds $75,000 for the fiscal year receive a Review of […]

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Disclosure: Insurance Coverage Summary

The Insurance Coverage Summary is a disclosure detailing the association’s property, general liability, earthquake, flood, and fidelity insurance policies. The Summary must be submitted with the Annual Budget Report and […]

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Reserve Funding Plan

A Reserve Funding Plan should be adopted by the board following the review and analysis of the association’s most recent Reserve Study (§5550). The Reserve Funding Plan details how the […]

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Reserve Study

At least once every three years, the board should conduct a visual inspection of all accessible areas of the major components that the association is obligated to repair, replace, restore, […]

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Reserves Summary

The Reserves Summary required under the new Davis-Stirling Act, effective January, 1 2014, is a disclosure to inform members about the association funds available for the replacement and or repair […]

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Annual Budget Report under the New Davis-Stirling Act

Disclaimer: The rules and procedures described below are taken from the New Davis-Stirling Act, effective January 1st, 2014. The new law meets the requirements established under the current laws. To […]

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Annual Disclosures under the New Davis-Stirling Act

Disclaimer: The rules and procedures described below are taken from the New Davis-Stirling Act, effective January 1st, 2014. To revisit the current requirements, review all sections (and subsections) of Civil […]

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20 Questions HOAs Must Ask Before Hiring a Construction Manager

Before hiring a construction manner, your HOA should ask the right questions to make sure he or she is best for the job. Invite each candidate individuall to a board […]

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