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Berding|Weil

Commercial and Industrial Common Interest Development Act

Part 5.3  Common Interest Developments

Chapter 6.  Association Governance

Article 4.  Government Assistance

§6760.
Identification of Commercial or Industrial Common Interest Developments

(a) To assist with the identification of commercial or industrial common interest developments, each association, whether incorporated or unincorporated, shall submit to the Secretary of State, on a form and for a fee, to cover the reasonable cost to the Secretary of State of processing the form, not to exceed thirty dollars ($30), that the Secretary of State shall prescribe, the following information concerning the association and the development that it manages:

(1) A statement that the association is formed to manage a common interest development under the Commercial and Industrial Common Interest Development Act.

(2) The name of the association.

(3) The street address of the business or corporate office of the association, if any.

(4) The street address of the association's onsite office, if different from the street address of the business or corporate office, or if there is no onsite office, the street address of the responsible officer or managing agent of the association.

(5) The name, address, and either the daytime telephone number or email address of the association's onsite office or managing agent.

(6) The name, street address, and daytime telephone number of the association's managing agent, if any.

(7) The county, and, if in an incorporated area, the city in which the development is physically located. If the boundaries of the development are physically located in more than one county, each of the counties in which it is located.

(8) If the development is in an unincorporated area, the city closest in proximity to the development.

(9) The front street and nearest cross street of the physical location of the development.

(10) The type of common interest development managed by the association.

(11) The number of separate interests in the development.

(b) The association shall submit the information required by this section as follows:

(1) By incorporated associations, within 90 days after the filing of its original articles of incorporation, and thereafter at the time the association files its statement of principal business activity with the Secretary of State pursuant to Section 8210 of the Corporations Code.

(2) By unincorporated associations, in July of 2003, and in that same month biennially thereafter. Upon changing its status to that of a corporation, the association shall comply with the filing deadlines in paragraph (1).

(c) The association shall notify the Secretary of State of any change in the street address of the association's onsite office or of the responsible officer or managing agent of the association in the form and for a fee, to cover the reasonable cost to the Secretary of State of processing the form, prescribed by the Secretary of State, within 60 days of the change.

(d) The penalty for an incorporated association's noncompliance with the initial or biennial filing requirements of this section shall be suspension of the association's rights, privileges, and powers as a corporation and monetary penalties, to the same extent and in the same manner as suspension and monetary penalties imposed pursuant to Section 8810 of the Corporations Code.

(e) The statement required by this section may be filed, notwithstanding suspension of the corporate powers, rights, and privileges under this section or under provisions of the Revenue and Taxation Code. Upon the filing of a statement under this section by a corporation that has suffered suspension under this section, the Secretary of State shall certify that fact to the Franchise Tax Board and the corporation may thereupon be relieved from suspension, unless the corporation is held in suspension by the Franchise Tax Board by reason of Section 23301, 23301.5, or 23775 of the Revenue and Taxation Code.

(f) The Secretary of State shall make the information submitted pursuant to paragraph (5) of subdivision (a) available only for governmental purposes and only to Members of the Legislature and the Business, Consumer Services, and Housing Agency, upon written request. All other information submitted pursuant to this section shall be subject to public inspection pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). The information submitted pursuant to this section shall be made available for governmental or public inspection.

(g) Whenever any form is filed pursuant to this section, it supersedes any previously filed form.

(h) The Secretary of State may destroy or otherwise dispose of any form filed pursuant to this section after it has been superseded by the filing of a new form.

Commercial and Industrial
Common Interest Developments
Part 5.3  Commercial and Industrial Common Interest Developments
Chapter 1. General Provisions
Article 1. Preliminary Provisions
§ 6500.Citation
§ 6502.Headings
§ 6505.Effect of Act on Documents or Actions Before January 1, 2014
§ 6510.Construction of Zoning Ordinances
§ 6512.Delivery of Documents to the Association
§ 6514.Individual Delivery or Individual Notice
§ 6518.Completion of Delivery
§ 6520.Electronic Delivery
§ 6522.Approval of Majority Vote
§ 6524.Approval of a Majority of a Quorum
Article 2. Definitions
§ 6526.Definitions
§ 6528.Association
§ 6530.Board
§ 6531.Commercial or Industrial Common Interest Development
§ 6532.Common Area
§ 6534.Common Interest Development
§ 6540.Condominium Plan
§ 6542.Condominium Project
§ 6544.Declarant
§ 6546.Declaration
§ 6548.Director
§ 6550.Exclusive Use Common Area
§ 6552.Governing Documents
§ 6553.Individual Notice
§ 6554.Member
§ 6560.Person
§ 6562.Planned Development
§ 6564.Separate Interest
§ 6566.Stock Cooperative
Chapter 2. Application of Act
§ 6580.Creation of Common Interest Development
§ 6582.Application of Act
Chapter 3. Governing Documents
Article 1. General Provisions
§ 6600.Controlling Authority
§ 6602.Liberal Construction of Documents
§ 6604.Boundaries of Unit
§ 6606.Discriminatory Restrictive Covenants
§ 6608.Amendment of Governing Documents for Certain Declarant Provisions
§ 6610.Amendment of Governing Documents to Reflect Changes in the Davis-Stirling Common Interest Development Act
Article 2. Declaration
§ 6614.Contents of Declaration
§ 6616.Permissible Amendment of Declaration
§ 6618.Extension of Term of Declaration
§ 6620.Amendment of Declaration; Procedure
Article 3. Articles of Incorporation
§ 6622.Articles of Incorporation
Article 4. Condominium Plan
§ 6624.Condominium Plan, Requirements
§ 6626.Certification Consenting to Recordation of Condominium Plan
§ 6628.Amendment of Revocation of Condominium Plan
Article 5. Operating Rules
§ 6630.Operation Rule, Definition
§ 6632.Validity of Operating Rules
Chapter 4. Ownership and Transfer of Interests
Article 1. Ownership Rights and Interests
§ 6650.Ownership of Common Area
§ 6652.Common Area Rights and Easements
§ 6654.Access to Owners' Separate Interest
Article 2. Restrictions on Transfers
§ 6656.Restrictions on Common Area Partition
§ 6658.Liens for Labor and Materials
Article 3. Transfer of Separate Interest
§ 6662.Transfer of Separate Interest in a Condominium Project
§ 6664.Transfer of Separate Interest in a Planned Development
§ 6666.Transfer of Separate Interest in a Stock Cooperative
§ 6668.Transfer of Exclusive Use Area
§ 6670.Restriction on Partition
Chapter 5. Property Use and Maintenance
Article 1. Protected Uses
§ 6700.Limitations of Regulation of Separate Interest
§ 6702.Display of Flag of the United States of America
§ 6704.Sign Restrictions
§ 6706.Pet Restrictions
§ 6708.Antenna and Satellite Restrictions
§ 6710.Marketing Restrictions
§ 6712.Low Water-Using Plants and Landscaping Restrictions
§ 6713.Electric Vehicle Charging Stations
Article 2. Modification of Separate Interest
§ 6714.Modification of Separate Interest
§ 6716.Association Responsibility for Repair, Replacement or Maintenance of Common Area
§ 6718.Damage by Wood-Destroying Pest or Organisms
§ 6720.Treatment of Wood-Destroying Pests or Organisms; Notice of Removal of Occupants
§ 6722.Access for Maintenance of Telephone Wiring
Chapter 6. Association Governance
Article 1. Association Existence and Powers
§ 6750.CID to be Managed by Association
§ 6752.Powers of Association
Article 2. Record Keeping
§ 6756.Request to Change Member's Information on Membership List
Article 3. Conflict of Interest
§ 6758.Director Conflict of Interest
Article 4. Government Assistance
§ 6760.Identification of Commercial or Industrial Common Interest Developments
Chapter 7. Assessments and Assessment Collection
Article 1. Establishment and Imposition of Assessments
§ 6800.Levy of Assessments
§ 6804.Assessment Exemption from Judgment
Article 2. Assessment Payment and Delinquency
§ 6808.Assessment Debt of Owner of Separate Interest
§ 6810.Receipt of Assessment; Over Night Mailing Address
§ 6812.Notice of Lien
§ 6814.Notice of Delinquent Assessment
§ 6816.Priority of Lien
§ 6818.Release of Lien; Lien Recorded in Error
§ 6819.Failure to Comply; Requirement to Recommence Notice
Article 3. Assessment Collection
§ 6820.Enforcement of Lien
§ 6822.Sale by Trustee
§ 6824.Monetary Charges and Monetary Penalties
§ 6826.Limitation on Assignment of Right to Collect
§ 6828.Application of Article to Lien Recorded on or After January 1, 2014
Chapter 8. Insurance and Liability
§ 6840.Association Insurance Coverage
Chapter 9. Dispute Resolution and Enforcement
Article 1. Disciplinary Action
§ 6850.Disciplinary Actions and Monetary Charges Imposed by Board
§ 6854.Authority of Board to Impose Monetary Penalties
Article 2. Civil Actions
§ 6856.Enforcement of Governing Documents
§ 6858.Association Standing
§ 6860.Allocation of Damages
Chapter 10. Construction Defect Litigation
§ 6870.Design or Construction Defects; Pre-filing Procedure
§ 6874.Resolution of Design or Construction Defect Dispute; Disclosure to Members
§ 6876.Pre-filing Notice to Members
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