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Commercial and Industrial Common Interest Development Act

Part 5.3  Common Interest Developments

Chapter 9.  Dispute Resolution and Enforcement

Article 2.  Civil Actions

§6860.
Allocation of Damages

(a) In an action maintained by an association pursuant to subdivision (b), (c), or (d) of Section 6858, the amount of damages recovered by the association shall be reduced by the amount of damages allocated to the association or its managing agents in direct proportion to their percentage of fault based upon principles of comparative fault. The comparative fault of the association or its managing agents may be raised by way of defense, but shall not be the basis for a cross-action or separate action against the association or its managing agents for contribution or implied indemnity, where the only damage was sustained by the association or its members. It is the intent of the Legislature in enacting this subdivision to require that comparative fault be pleaded as an affirmative defense, rather than a separate cause of action, where the only damage was sustained by the association or its members.

(b) In an action involving damages described in subdivision (b), (c), or (d) of Section 6858, the defendant or cross-defendant may allege and prove the comparative fault of the association or its managing agents as a setoff to the liability of the defendant or cross-defendant even if the association is not a party to the litigation or is no longer a party whether by reason of settlement, dismissal, or otherwise.

(c) Subdivisions (a) and (b) apply to actions commenced on or after January 1, 1993.

(d) Nothing in this section affects a person's liability under Section 1431, or the liability of the association or its managing agent for an act or omission that causes damages to another.

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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