The state legislature frequently amends portions of the Davis-Stirling Common Interest Development Act found in Sections 1350 through 1378 of the California Civil Code.
Among the changes starting in 2010 are:
| Section 1351 | Definitions, effective January 1, 2010 | |
| Section 1353.8 | Water-Efficient Landscapes, effective January 1, 2010 | |
| Section 1363.03 | Elections; rules and procedures, effective January 1, 2011 | |
| Section 1365.2. | Association records; availability to member; redactions; use by member; remedies, effective January 1, 2011 | |
| Section 1368. | Sale or title transfer; provision of specified items to prospective purchasers; copies; fees; violations; penalty and attorney fees; validity of title transferred in violation; additional requirements, effective January 1, 2011 |
Meanwhile, the California Appellate Courts have been busy interpreting the law as it applies to specific disputes. For instance:
A recent decision affecting Homeowners Associations handed down by the Court of Appeal, Fourth District, Division 1, California found that CC & R's are not an effective means of obtaining an agreement to arbitrate a homeowners association's construction defect claims against a developer. The court recognized that this issue is currently pending before our Supreme Court. (See e.g., Pinnacle Museum Tower Assn. v. Pinnacle Market Development (US), LLC, review granted November 10, 2010, No. S186149.)
Villa Vicenza Homeowners Ass'n v. Nobel Court Development, LLC (2011)
--- Cal.Rptr.3d ----, 2011, 11 Cal. Daily Op. Serv. 521, Cal.App. 4 Dist., January 11, 2011 (NO. D054550)
Another recent decision held that a leaking sewer pipe underneath condominium unit was a "common area," not an "exclusive use common area" appurtenant to unit, and thus, pursuant to Davis-Stirling Common Interest Development Act and condominium's covenants, conditions, and restrictions (CC & R's) condominium association, not unit owner, was responsible for costs of repairing pipe; CC & R's defined garage and patio areas, but not sewer pipes, as exclusive use common areas appurtenant. Cal.Civ.Code �� 1351, 1364.3. Leaking sewer pipe underneath condominium unit was not a "fixture," pursuant to section of Davis-Stirling Common Interest Development Act inclusion of fixtures as exclusive use common areas, and thus Act did not require unit owner to be responsible for costs of repairing pipe; pipe was one piece of a system of interconnected sewer piping that was connected to every other piece of the system, not a self-contained system exclusively serving unit. Cal.Civ.Code � 1351(i)
Dover Village Ass'n v. Jennison (2010)
--- Cal.Rptr.3d ----, 191 Cal.App.4th 123, 2010, 10 Cal. Daily Op. Serv. 15,891, 2010 Daily Journal D.A.R. 19,127, Cal.App. 4 Dist., November 24, 2010 (NO. G042741, G042990)
Condominium association brought action against unit owners for injunctive and declaratory relief after unit owners replaced two windows in their condominium despite association's denial of their application for the improvements on the basis of color. The Superior Court, San Diego County, No. 37-2008-00079704-CU-OR-CTL, Steven R. Denton, J., entered judgment for association, awarded attorney's fees, and ordered unit owners to post bond or undertaking to stay collection of the fee award. Unit owners appealed and petitioned for writ relief.
Holding:
Affirmed; writ petition granted.
Chapala Management Corp. v. Stanton (2010)
186 Cal.App.4th 1532, 113 Cal.Rptr.3d 617, 10 Cal. Daily Op. Serv. 9741, 2010 Daily Journal D.A.R. 11,821