reglab/housing_qa huggingface dataset:
CA Civ Code § 5705 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 5 - Common Interest Developments|CHAPTER 8 - Assessments and Assessment Collection|ARTICLE 3 - Assessment Collection|Section 5705.

5705.  (a) Notwithstanding any law or any provisions of the governing documents to the contrary, this section shall apply to debts for assessments that arise on and after January 1, 2006.(b) Prior to initiating a foreclosure on an owner’s separate interest, the association shall offer the owner and, if so requested by the owner, participate in dispute resolution pursuant to the association’s “meet and confer” program required in Article 2 (commencing with Section 5900) of Chapter 10 or alternative dispute resolution as set forth in Article 3 (commencing with Section 5925) of Chapter 10. The decision to pursue dispute resolution or a particular type of alternative dispute resolution shall be the choice of the owner, except that binding arbitration shall not be available if the association intends to initiate a judicial foreclosure.(c) The decision to initiate foreclosure of a lien for delinquent assessments that has been validly recorded shall be made only by the board and may not be delegated to an agent of the association. The board shall approve the decision by a majority vote of the directors in an executive session. The board shall record the vote in the minutes of the next meeting of the board open to all members. The board shall maintain the confidentiality of the owner or owners of the separate interest by identifying the matter in the minutes by the parcel number of the property, rather than the name of the owner or owners. A board vote to approve foreclosure of a lien shall take place at least 30 days prior to any public sale.(d) The board shall provide notice by personal service in accordance with the manner of service of summons in Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure to an owner of a separate interest who occupies the separate interest or to the owner’s legal representative, if the board votes to foreclose upon the separate interest. The board shall provide written notice to an owner of a separate interest who does not occupy the separate interest by first-class mail, postage prepaid, at the most current address shown on the books of the association. In the absence of written notification by the owner to the association, the address of the owner’s separate interest may be treated as the owner’s mailing address. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
CA Civ Code § 5710 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 5 - Common Interest Developments|CHAPTER 8 - Assessments and Assessment Collection|ARTICLE 3 - Assessment Collection|Section 5710.

5710.  (a) Any sale by the trustee shall be conducted in accordance with Sections 2924, 2924b, and 2924c applicable to the exercise of powers of sale in mortgages and deeds of trust.(b) In addition to the requirements of Section 2924, the association shall serve a notice of default on the person named as the owner of the separate interest in the association’s records or, if that person has designated a legal representative pursuant to this subdivision, on that legal representative. Service shall be in accordance with the manner of service of summons in Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. An owner may designate a legal representative in a writing that is mailed to the association in a manner that indicates that the association has received it.(c) The fees of a trustee may not exceed the amounts prescribed in Sections 2924c and 2924d, plus the cost of service for either of the following:(1) The notice of default pursuant to subdivision (b).(2) The decision of the board to foreclose upon the separate interest of an owner as described in subdivision (d) of Section 5705. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
CA Civ Code § 5715 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 5 - Common Interest Developments|CHAPTER 8 - Assessments and Assessment Collection|ARTICLE 3 - Assessment Collection|Section 5715.

5715.  (a) Notwithstanding any law or any provisions of the governing documents to the contrary, this section shall apply to debts for assessments that arise on and after January 1, 2006.(b) A nonjudicial foreclosure by an association to collect upon a debt for delinquent assessments shall be subject to a right of redemption. The redemption period within which the separate interest may be redeemed from a foreclosure sale under this paragraph ends 90 days after the sale. In addition to the requirements of Section 2924f, a notice of sale in connection with an association’s foreclosure of a separate interest in a common interest development shall include a statement that the property is being sold subject to the right of redemption created in this section. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
CA Civ Code § 5725 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 5 - Common Interest Developments|CHAPTER 8 - Assessments and Assessment Collection|ARTICLE 3 - Assessment Collection|Section 5725.

5725.  (a) A monetary charge imposed by the association as a means of reimbursing the association for costs incurred by the association in the repair of damage to common area and facilities caused by a member or the member’s guest or tenant may become a lien against the member’s separate interest enforceable by the sale of the interest under Sections 2924, 2924b, and 2924c, provided the authority to impose a lien is set forth in the governing documents. It is the intent of the Legislature not to contravene Section 2792.26 of Title 10 of the California Code of Regulations, as that section appeared on January 1, 1996, for associations of subdivisions that are being sold under authority of a subdivision public report, pursuant to Part 2 (commencing with Section 11000) of Division 4 of the Business and Professions Code.(b) A monetary penalty imposed by the association as a disciplinary measure for failure of a member to comply with the governing documents, except for the late payments, may not be characterized nor treated in the governing documents as an assessment that may become a lien against the member’s separate interest enforceable by the sale of the interest under Sections 2924, 2924b, and 2924c. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
CA Civ Code § 5735 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 5 - Common Interest Developments|CHAPTER 8 - Assessments and Assessment Collection|ARTICLE 3 - Assessment Collection|Section 5735.

5735.  (a) An association may not voluntarily assign or pledge the association’s right to collect payments or assessments, or to enforce or foreclose a lien to a third party, except when the assignment or pledge is made to a financial institution or lender chartered or licensed under federal or state law, when acting within the scope of that charter or license, as security for a loan obtained by the association.(b) Nothing in subdivision (a) restricts the right or ability of an association to assign any unpaid obligations of a former member to a third party for purposes of collection. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
CA Civ Code § 5740 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 5 - Common Interest Developments|CHAPTER 8 - Assessments and Assessment Collection|ARTICLE 3 - Assessment Collection|Section 5740.

5740.  (a) Except as otherwise provided, this article applies to a lien created on or after January 1, 2003.(b) A lien created before January 1, 2003, is governed by the law in existence at the time the lien was created. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
CA Civ Code § 5850 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 5 - Common Interest Developments|CHAPTER 10 - Dispute Resolution and Enforcement|ARTICLE 1 - Discipline and Cost Reimbursement|Section 5850.

5850.  (a) 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, including any monetary penalty relating to the activities of a guest or tenant of the member, the board shall adopt and distribute to each member, in the annual policy statement prepared pursuant to Section 5310, 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.(b) Any new or revised monetary penalty that is adopted after complying with subdivision (a) may be included in a supplement that is delivered to the members individually, pursuant to Section 4040.(c) A monetary penalty for a violation of the governing documents shall not exceed the monetary penalty stated in the schedule of monetary penalties or supplement that is in effect at the time of the violation.(d) An association shall provide a copy of the most recently distributed schedule of monetary penalties, along with any applicable supplements to that schedule, to any member upon request. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
CA Civ Code § 5855 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 5 - Common Interest Developments|CHAPTER 10 - Dispute Resolution and Enforcement|ARTICLE 1 - Discipline and Cost Reimbursement|Section 5855.

5855.  (a) When the board is to meet to consider or impose discipline upon a member, or to impose a monetary charge as a means of reimbursing the association for costs incurred by the association in the repair of damage to common area and facilities caused by a member or the member’s guest or tenant, the board shall notify the member in writing, by either personal delivery or individual delivery pursuant to Section 4040, at least 10 days prior to the meeting.(b) 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 or the nature of the damage to the common area and facilities for which a monetary charge may be imposed, and a statement that the member has a right to attend and may address the board at the meeting. The board shall meet in executive session if requested by the member.(c) If the board imposes discipline on a member or imposes a monetary charge on the member for damage to the common area and facilities, the board shall provide the member a written notification of the decision, by either personal delivery or individual delivery pursuant to Section 4040, within 15 days following the action.(d) A disciplinary action or the imposition of a monetary charge for damage to the common area shall not be effective against a member unless the board fulfills the requirements of this section. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
CA Civ Code § 5865 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 5 - Common Interest Developments|CHAPTER 10 - Dispute Resolution and Enforcement|ARTICLE 1 - Discipline and Cost Reimbursement|Section 5865.

5865.  Nothing in Section 5850 or 5855 shall be construed to create, expand, or reduce the authority of the board to impose monetary penalties on a member for a violation of the governing documents. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
CA Civ Code § 5900 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 5 - Common Interest Developments|CHAPTER 10 - Dispute Resolution and Enforcement|ARTICLE 2 - Internal Dispute Resolution|Section 5900.

5900.  (a) This article applies to a dispute between an association and a member involving their rights, duties, or liabilities under this act, under the Nonprofit Mutual Benefit Corporation Law (Part 3 (commencing with Section 7110) of Division 2 of Title 1 of the Corporations Code), or under the governing documents of the common interest development or association.(b) This article supplements, and does not replace, Article 3 (commencing with Section 5925), relating to alternative dispute resolution as a prerequisite to an enforcement action. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
CA Civ Code § 5905 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 5 - Common Interest Developments|CHAPTER 10 - Dispute Resolution and Enforcement|ARTICLE 2 - Internal Dispute Resolution|Section 5905.

5905.  (a) An association shall provide a fair, reasonable, and expeditious procedure for resolving a dispute within the scope of this article.(b) In developing a procedure pursuant to this article, an association shall make maximum, reasonable use of available local dispute resolution programs involving a neutral third party, including low-cost mediation programs such as those listed on the Internet Web sites of the Department of Consumer Affairs and the United States Department of Housing and Urban Development.(c) If an association does not provide a fair, reasonable, and expeditious procedure for resolving a dispute within the scope of this article, the procedure provided in Section 5915 applies and satisfies the requirement of subdivision (a). (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
CA Civ Code § 5910 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 5 - Common Interest Developments|CHAPTER 10 - Dispute Resolution and Enforcement|ARTICLE 2 - Internal Dispute Resolution|Section 5910.

5910.  A fair, reasonable, and expeditious dispute resolution procedure shall, at a minimum, satisfy all of the following requirements:(a) The procedure may be invoked by either party to the dispute. A request invoking the procedure shall be in writing.(b) The procedure shall provide for prompt deadlines. The procedure shall state the maximum time for the association to act on a request invoking the procedure.(c) If the procedure is invoked by a member, the association shall participate in the procedure.(d) If the procedure is invoked by the association, the member may elect not to participate in the procedure. If the member participates but the dispute is resolved other than by agreement of the member, the member shall have a right of appeal to the board.(e) A written resolution, signed by both parties, of a dispute pursuant to the procedure that is not in conflict with the law or the governing documents binds the association and is judicially enforceable. A written agreement, signed by both parties, reached pursuant to the procedure that is not in conflict with the law or the governing documents binds the parties and is judicially enforceable.(f) The procedure shall provide a means by which the member and the association may explain their positions. The member and association may be assisted by an attorney or another person in explaining their positions at their own cost.(g) A member of the association shall not be charged a fee to participate in the process.(Amended by Stats. 2015, Ch. 303, Sec. 34. (AB 731) Effective January 1, 2016.)
CA Civ Code § 5910.1 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 5 - Common Interest Developments|CHAPTER 10 - Dispute Resolution and Enforcement|ARTICLE 2 - Internal Dispute Resolution|Section 5910.1.

5910.1.  An association may not file a civil action regarding a dispute in which the member has requested dispute resolution unless the association has complied with Section 5910 by engaging in good faith in the internal dispute resolution procedures after a member invokes those procedures.(Added by Stats. 2019, Ch. 848, Sec. 8. (SB 323) Effective January 1, 2020.)
CA Civ Code § 5915 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 5 - Common Interest Developments|CHAPTER 10 - Dispute Resolution and Enforcement|ARTICLE 2 - Internal Dispute Resolution|Section 5915.

5915.  (a) This section applies to an association that does not otherwise provide a fair, reasonable, and expeditious dispute resolution procedure. The procedure provided in this section is fair, reasonable, and expeditious within the meaning of this article.(b) Either party to a dispute within the scope of this article may invoke the following procedure:(1) The party may request the other party to meet and confer in an effort to resolve the dispute. The request shall be in writing.(2) A member of an association may refuse a request to meet and confer. The association shall not refuse a request to meet and confer.(3) The board shall designate a director to meet and confer.(4) The parties shall meet promptly at a mutually convenient time and place, explain their positions to each other, and confer in good faith in an effort to resolve the dispute. The parties may be assisted by an attorney or another person at their own cost when conferring.(5) A resolution of the dispute agreed to by the parties shall be memorialized in writing and signed by the parties, including the board designee on behalf of the association.(c) A written agreement reached under this section binds the parties and is judicially enforceable if it is signed by both parties and both of the following conditions are satisfied:(1) The agreement is not in conflict with law or the governing documents of the common interest development or association.(2) The agreement is either consistent with the authority granted by the board to its designee or the agreement is ratified by the board.(d) A member shall not be charged a fee to participate in the process.(Amended by Stats. 2015, Ch. 303, Sec. 35. (AB 731) Effective January 1, 2016.)
CA Civ Code § 5920 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 5 - Common Interest Developments|CHAPTER 10 - Dispute Resolution and Enforcement|ARTICLE 2 - Internal Dispute Resolution|Section 5920.

5920.  The annual policy statement prepared pursuant to Section 5310 shall include a description of the internal dispute resolution process provided pursuant to this article. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
CA Civ Code § 5925 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 5 - Common Interest Developments|CHAPTER 10 - Dispute Resolution and Enforcement|ARTICLE 3 - Alternative Dispute Resolution Prerequisite to Civil Action|Section 5925.

5925.  As used in this article:(a) “Alternative dispute resolution” means mediation, arbitration, conciliation, or other nonjudicial procedure that involves a neutral party in the decisionmaking process. The form of alternative dispute resolution chosen pursuant to this article may be binding or nonbinding, with the voluntary consent of the parties.(b) “Enforcement action” means a civil action or proceeding, other than a cross-complaint, for any of the following purposes:(1) Enforcement of this act.(2) Enforcement of the Nonprofit Mutual Benefit Corporation Law (Part 3 (commencing with Section 7110) of Division 2 of Title 1 of the Corporations Code).(3) Enforcement of the governing documents. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
CA Civ Code § 5930 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 5 - Common Interest Developments|CHAPTER 10 - Dispute Resolution and Enforcement|ARTICLE 3 - Alternative Dispute Resolution Prerequisite to Civil Action|Section 5930.

5930.  (a) An association or a member may not file an enforcement action in the superior court unless the parties have endeavored to submit their dispute to alternative dispute resolution pursuant to this article.(b) This section applies only to an enforcement action that is solely for declaratory, injunctive, or writ relief, or for that relief in conjunction with a claim for monetary damages not in excess of the jurisdictional limits stated in Sections 116.220 and 116.221 of the Code of Civil Procedure.(c) This section does not apply to a small claims action.(d) Except as otherwise provided by law, this section does not apply to an assessment dispute. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
CA Civ Code § 5935 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 5 - Common Interest Developments|CHAPTER 10 - Dispute Resolution and Enforcement|ARTICLE 3 - Alternative Dispute Resolution Prerequisite to Civil Action|Section 5935.

5935.  (a) Any party to a dispute may initiate the process required by Section 5930 by serving on all other parties to the dispute a Request for Resolution. The Request for Resolution shall include all of the following:(1) A brief description of the dispute between the parties.(2) A request for alternative dispute resolution.(3) A notice that the party receiving the Request for Resolution is required to respond within 30 days of receipt or the request will be deemed rejected.(4) If the party on whom the request is served is the member, a copy of this article.(b) Service of the Request for Resolution shall be by personal delivery, first-class mail, express mail, facsimile transmission, or other means reasonably calculated to provide the party on whom the request is served actual notice of the request.(c) A party on whom a Request for Resolution is served has 30 days following service to accept or reject the request. If a party does not accept the request within that period, the request is deemed rejected by the party. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
CA Civ Code § 5940 (2021)
2021 California Code|Civil Code - CIV|DIVISION 4 - GENERAL PROVISIONS|PART 5 - Common Interest Developments|CHAPTER 10 - Dispute Resolution and Enforcement|ARTICLE 3 - Alternative Dispute Resolution Prerequisite to Civil Action|Section 5940.

5940.  (a) 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 request receives the acceptance, unless this period is extended by written stipulation signed by both parties.(b) Chapter 2 (commencing with Section 1115) of Division 9 of the Evidence Code applies to any form of alternative dispute resolution initiated by a Request for Resolution under this article, other than arbitration.(c) The costs of the alternative dispute resolution shall be borne by the parties. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)