reglab/statecodes huggingface dataset:
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 12 - Subdivisions › Section 2791.8 - Dispute Resolution

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				A contractual provision setting forth terms, conditions and procedures for
				resolution of a dispute or claim between a homeowner and a subdivider, or a
				provision in the covenants, conditions and restrictions setting forth terms,
				conditions and procedures for resolution of a dispute of claim between a
				homeowners association and a subdivider shall, at a minimum, provide that the
				dispute or claim resolution process, proceeding, hearing or trial to be
				conducted in accordance with the following rules:
(1) For the subdivider to advance the fees
				necessary to initiate the dispute or claim resolution process, with the costs
				and fees, including ongoing costs and fees, if any, to be paid as agreed by the
				parties and if they can't agree then the costs and fees are to be paid as
				determined by the person or persons presiding at the dispute or claim
				resolution proceeding or hearing.
(2) For a neutral or impartial person(s) to
				administer and preside over the claim or dispute resolution process.
(3) For the appointment, or selection, as
				designation, or assignment of the person(s) to administer and preside over the
				claim or dispute resolution process within a specific period of time, which in
				no event shall be more than sixty (60) days from initiation of the claim or
				dispute resolution process or hearing. The person(s) appointed, selected,
				designated or assigned to preside may be challenged for bias.
(4) For the venue of the claim or dispute
				resolution process to be in the county where the subdivision is located unless
				the parties agree to some other location.
(5) For the prompt and timely commencement of
				the claim or dispute resolution process. When the contract provisions provide
				for a specific type of claim or dispute resolution process, the process shall
				be deemed to be promptly and timely commenced if it is to be commenced in
				accordance with the rules applicable to that process, or if the rules don't
				specify a date by which the proceeding or hearing must commence, then to a date
				agreed upon by the parties, and if they cannot agree, a date determined by the
				person(s) presiding over the dispute resolution process.
(6) For the claim or dispute resolution
				process to be conducted in accordance with rules and procedures that are
				reasonable and fair to the parties.
(7) For the prompt and timely conclusion of
				the claim or dispute resolution process, including the issuance of any decision
				or ruling following the proceeding or hearing.
(8) For the person(s) presiding at the claim
				or dispute resolution process to be authorized to provide all recognized
				remedies available in law or equity for any cause of action that is the basis
				of the proceeding or hearing. The parties may authorize the limitation or
				prohibition of punitive damages.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 12 - Subdivisions › Section 2791.9 - Use of Real Property Sales Contracts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If a subdivider proposes to sell subdivision interests using
				  real property sales contracts (hereafter sales contracts) as defined in Section
				  10029 of the Code, a plan under
				  which the subdivider conveys the subdivision interests in trust and records the
				  conveyance prior to the execution of a sales contract by a prospective
				  purchaser (hereafter vendee) and which includes all of the following elements
				  shall be an acceptable alternative method under Section
				  11013.2(d) and
				  Section 11013.4(f) of the
				  Code:
(a) The original trustee and any
				successor trustee are expressly subject to the approval of the
				commissioner.
(b) An express
				prohibition against any amendment of the trust instrument directly or
				indirectly affecting the interests of a vendee without the prior written
				approval of the commissioner.
(c)
				An agreement by the trustee to continue in that capacity until a successor
				trustee acceptable to the commissioner has assumed the position.
(d) Vendees are expressly designated in the
				trust instrument as beneficiaries.
(e) If the subdivision interests in the trust
				are not subject to a blanket encumbrance, provisions for the vendee to make
				payments under the contract (hereafter purchase money) to the trustee and for
				the trustee to make disbursements from purchase money as follows:
(1) Debt service, taxes, assessments,
				insurance premiums and any other periodic payments related to the ownership and
				use of the subdivision interest that the vendee is obligated to make under
				terms of the sales contract.
(2)
				Payment to the subdivider from the balance of purchase money remaining after
				the trustee has paid or set aside funds to make payments under (1)
				above.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 12 - Subdivisions › Section 2792.1 - Substantially Complete Application-Condominium, Planned Development, Community Apartment Project and Undivided Interest Subdivision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An application for a final subdivision public report is
				  "substantially complete" within the meaning of Section
				  11010.2 of the Code if it contains
				  the documents and information enumerated below:
(a) For a condominium project, community
				apartment project or planned development:
(1)
				All of the applicable documents and information listed under subdivision (a) of
				Section 2792.
(2) Proposed or existing governing
				instruments for the owners' association.
(3) Condominium plan if the subdivision is a
				condominium.
(4) Plot plan
				delineating all improvements including recreational amenities if the
				subdivision is not a condominium.
(5) Overall subdivision plan if the
				subdivision is part of a phased development.
(6) Evidence of financial arrangements for
				completion of the common areas and facilities in the offering.
(7) Copies of all contracts or proposed
				contracts obligating the owners' association.
(8) Agreement of subdivider to subsidize
				common area maintenance and owners' association operation where
				applicable.
(9) Financial
				arrangements to assure performance of the subdivision agreement where
				applicable.
(10) Detailed pro forma
				budget reflecting estimated costs of ownership, operation and maintenance
				expenses and reserves for the subdivision.
(11) Most recent balance sheet and annual
				operating statement for the owners' association if applicable.
(12) Duplicate budget package for the
				Bureau's analysis of proposed budget for common area maintenance and owners'
				association operations.
(13)
				Subdivision trust agreement if applicable.
(14) Exemplar of deed for conveyance of
				common area to owners' association.
(15) Exemplar of escrow instructions
				including at least the following:
(A) A
				description of the nature of the transaction.
(B) Provision for the return to Buyers of
				funds deposited toward the purchase of subdivision interests if escrows are not
				closed on or before a date prescribed in the instructions.
(C) Name and address of the escrow depository
				to be used.
(D) Provision to assure
				compliance with subdivision (c) of Section
				11018.5 of the Code if
				applicable.
(E) Provision for
				conveyance of common area to owners' association if
				applicable.
(16) A
				completed supplemental questionnaire if the project is a conversion of an
				existing structure to a condominium or community apartment project.
(17) A permit issued by the Department of
				Business Oversight if applicable to the offering.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 12 - Subdivisions › Section 2792.4 - Special Provision for Enforcement of Bonded Obligations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When common-area improvements which are included in the
				  subdivision offering have not been completed prior to the issuance of the
				  public report and the subdivision owners' association (hereafter Association)
				  is obligee under a bond or other arrangement (hereafter Bond) to secure
				  performance of the commitment of the subdivider to complete the improvements,
				  the covenants, conditions and restrictions for the subdivision shall include at
				  least the following substantive and procedural provisions relative to the
				  initiation of action to enforce the obligations of the subdivider and the
				  surety under the Bond:
(1) The
				governing body of the Association shall be directed to consider and vote on the
				question of action by the Association to enforce the obligations under the Bond
				with respect to any improvement for which a Notice of Completion has not been
				filed within 60 days after the completion date specified for that improvement
				in the Planned Construction Statement appended to the Bond. If the Association
				has given an extension in writing for the completion of any common-area
				improvement, the governing body shall be directed to consider and vote on the
				aforesaid question if a Notice of Completion has not been filed within 30 days
				after the expiration of the extension.
(2) A special meeting of members for the
				purpose of voting to override a decision by the governing body not to initiate
				action to enforce the obligations under the Bond or on the failure of the
				governing body to consider and vote on the question. The meeting shall be
				required to be held not less than 35 days nor more than 45 days after receipt
				by the governing body of a petition for such a meeting signed by members
				representing 5% or more of the total voting power of the Association.
(3) A vote by members of the Association
				other than the subdivider at the special meeting called for the purpose set
				forth in (2) above.
(4) A vote of a
				majority of the voting power of the Association residing in members other than
				the subdivider to take action to enforce the obligations under the Board shall
				be deemed to be the decision of the Association and the governing body shall
				thereafter implement this decision by initiating and pursuing appropriate
				action in the name of the Association.
1. New section
				  filed 12-2-74; effective thirtieth day thereafter (Register 74, No. 49). For
				  history of former section, see Register 65, No. 17.
2. Amendment
				  filed 7-9-80; effective thirtieth day thereafter (Register 80, No.
				  28).
Note: Authority cited: Sections
					 10080,
					 10226,
					 10149.2,
					 11001,
					 and
					 11011.8,
					 Business and Professions Code, and Sections
					 21082,
					 Public Resources Code. Reference: Section
					 11018.5,
					 Business and Professions Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 12 - Subdivisions › Section 2792.5 - Requirements when Improvement District is Utilized. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 8-21-63; designated effective 9-20-63 (Register 63, No. 14). For history
				  of former section see Register 55, No. 14.
2. Amendment filed
				  9-17-65; effective thirtieth day thereafter (Register 65, No.
				  17).
3. Repealer filed 11-13-96; operative 11-13-96 pursuant to
				  Government Code section
				  11343.4(d)
				  (Register 96, No. 46).
Note: Authority cited: Sections
					 10080,
					 10249.2
					 and
					 11001,
					 Business and Professions Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 12 - Subdivisions › Section 2792.6 - Required Documents for Condominium and Planned Development Public Report Application. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
				  and new section filed 2-10-77; effective thirtieth day thereafter (Register 77,
				  No. 7). For prior history, see Register 71, No. 50
2. Amendment
				  filed 1-16-79; effective thirtieth day thereafter (Register 79, No.
				  3).
3. Amendment filed 7-9-80; effective thirtieth day thereafter
				  (Register 80, No. 28).
4. Repealer filed 12-3-80; effective
				  thirtieth day thereafter (Register 80, No. 49).
Note: Authority cited: Sections
					 11001,
					 11010.2,
					 Business and Professions Code. Reference: Sections
					 11010.2 (Ch. 1152, Statutes of
					 1980, AB 2320), Business and Professions
					 Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 12 - Subdivisions › Section 2792.7 - Statement of Maintenance and Operational Costs in Connection with Condominium, Planned Development or Community Apartment. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 8-21-63; designated effective 9-20-63 (Register 63, No.
				  14).
2. Amendment filed 9-17-65; effective thirtieth day thereafter
				  (Register 65, No. 17).
3. Repealer filed 12-10-71; effective
				  thirtieth day thereafter (Register 71, No.
				  50).
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 12 - Subdivisions › Section 2792.9 - Assuring Operating and Maintenance Fund for Common Facilities and Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				To assure the availability of funds, or sources of funds, to defray the costs
				of common facilities and services during the early stages of ownership and
				operation by the Association and to assure the fulfillment of the subdivider's
				obligation to pay assessments as an owner of subdivision interests, the
				Commissioner will ordinarily require that:
(1) No sale of a subdivision interest be
				closed until 80% of all subdivision interests covered by the final subdivision
				public report have been conveyed (or leased if that is the marketing plan) and
				are simultaneously closed; or
(2)
				The subdivider furnish funds, a surety bond to the Association as obligee, or
				other security convertible to cash by the escrow depository to assure the
				fulfillment of the subdivider's obligations as an owner of separate interests
				covered by the final subdivision public report to pay regular and special
				assessments; or
(3) The subdivider
				present an alternative arrangement satisfactory to the Commissioner to secure
				the fulfillment of the subdivider's obligations to the Association as an owner
				of separate interests covered by the final subdivision public
				report.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 12 - Subdivisions › Section 2792.10 - Subsidization by Subdivider

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When the subdivider undertakes to provide
				goods and/or services to the Association or to pay a portion of a purchaser's
				share of the Association's financial obligations, the subdivider shall:
(1) Enter into a contract with the
				Association acceptable in form and content to the Commissioner which shall
				specify in detail the obligations which the subdivider will undertake to
				fulfill and, if applicable, the methods to be employed in valuing the goods and
				services furnished under the program, and cover the release and enforcement of
				the security referred to in (a)(4), below.
(2) Furnish the Association with an executed
				copy of the contract , the security referred to in (a)(4), below, and the
				escrow instructions referred to in (c), below, within ten days after the
				closing of the first sale (or lease) of subdivision interests.
(3) Submit a monthly accounting to the
				Association and if the subsidy is other than cash, it shall also contain a
				description and valuation of the goods and services for the common area
				furnished directly by the subdivider or contracted and paid for by
				him.
(4) Furnish a bond to the
				Association as obligee or other device to secure the subdivider's undertaking
				to the Association and the owners under the program. The bond or other device
				shall be in an amount and subject to terms and conditions which will assure
				prompt and faithful performance of the contract. The penal sum of a bond shall
				not ordinarily be reduced by reason of the fact that the subdivider has posted
				a bond or other security device pursuant to Section
				2792.9 of these
				regulations.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 12 - Subdivisions › Section 2792.11 - Subdivider's Obligation to Pay Assessments-Record Maintenance. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 9-29-92; operative 10-30-92 (Register 92, No. 40). For prior history see
				  Register 80, No. 49.
2. Repealer filed 11-13-96; operative 11-13-96
				  pursuant to Government Code section
				  11343.4(d)
				  (Register 96, No. 46).
Note: Authority cited: Section
					 11001,
					 Business and Professions Code. Reference: Section
					 11018.5,
					 Business and Professions Code; and PJNR, Inc. v. Department of Real Estate
					 (1991) 230 C.A.3d 1176.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 12 - Subdivisions › Section 2792.12 - Undivided Interests Subdivisions-Conveyance of the Property. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 9-17-65; effective thirtieth day thereafter (Register 65, No.
				  17).
2. Repealer and new section filed 12-10-71; effective thirtieth
				  day thereafter (Register 71, No. 50).
3. Repealer of section and new
				  NOTE filed 11-13-96; operative 11-13-96 pursuant to Government Code section
				  11343.4(d)
				  (Register 96, No. 46).
Note: Authority cited: Section
					 11001,
					 Business and Professions Code. Reference: Section
					 11000.1,
					 Business and Professions Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 12 - Subdivisions › Section 2792.13 - Undivided Interests Subdivisions-Impound of Funds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All funds received from prospective buyers to be applied to
				  the purchase of undivided subdivision interests, including community apartment
				  projects and stock cooperatives and limited equity housing cooperatives, shall
				  be deposited and held intact in an escrow depository acceptable to the Real
				  Estate Commissioner until bona fide offers have been obtained for the purchase
				  of a prescribed percentage of all of the interests being offered for
				  sale.
In the event that the prescribed percentage of offers have
				  not been obtained within two years from the date of the issuance of the public
				  report, or such other period as the commissioner may approve, all funds
				  theretofore collected shall be promptly returned by the escrow depository to
				  owners without deduction.
The prescribed percentage shall be determined by the
				  commissioner based upon the facts and circumstances of each such offering.
				  Ordinarily this percentage shall be not less than 60% of the interests being
				  offered for sale provided, however, that the commissioner may prescribe a
				  lesser percentage if the plan of the offering includes other financial
				  arrangements to lessen the possibility of foreclosure of a non-delinquent
				  interest on account of the delinquencies of other owners.
1. New section
				  filed 9-17-65; effective thirtieth day thereafter (Register 65, No.
				  17).
2. Amendment filed 12-10-71; effective thirtieth day thereafter
				  (Register 71, No. 50).
3. Amendment filed 6-30-80; effective
				  thirtieth day thereafter (Register 80, No.
				  28).
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 12 - Subdivisions › Section 2792.14 - Undivided Interests Subdivisions-Blanket Encumbrances

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except as provided in subdivision (b)
				hereof, if the real property to be owned by the stock cooperative corporation
				will be subject to a mortgage or deed of trust affecting the interest of more
				than one member or shareholder of the stock cooperative (hereafter blanket
				encumbrance), a public report will not be issued unless legal or financial
				arrangements satisfactory to the Real Estate Commissioner have been made to:
(1) Provide assurance that the ownership and
				possessory rights of a member of the stock cooperative will not be adversely
				affected by foreclosure or acceleration of the blanket encumbrance by or on
				behalf of the beneficiary unless the affected member or shareholder is
				delinquent in payments allocated by the stock cooperative to debt service on
				the blanket encumbrance.
(2)
				Provide assurance for the payment of said blanket
				encumbrance.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 12 - Subdivisions › Section 2792.15 - Reasonable Arrangements-Transfer of Common Areas and Facilities to Association

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				In subdivisions in which all or a portion of the common areas and facilities
				are to be transferred to the Association, those areas and facilities shall be
				transferred to the Association or to a corporate trustee under a trust
				agreement acceptable to the Commissioner prior to or coincident with the first
				transfer or conveyance of a subdivision interest by the subdivider.
(b) The subdivider may create a contractual
				right in himself or may reserve easements of limited duration, for common
				driveway purposes, for drainage and encroachment purposes and for ingress to
				and egress from the common areas for the purpose of completing improvements
				thereon or for the performance of necessary repair work and, in the case of
				phased subdivision projects, for entry onto adjacent property in connection
				with the development of additional phases of the overall project.
1. New section
				  filed 9-17-65; effective thirtieth day thereafter (Register 65, No.
				  17).
2. Repealer and new section filed 1-16-76; effective thirtieth
				  day thereafter (Register 76, No. 3).
Note: Authority cited: Sections
					 10080,
					 10226,
					 11001,
					 11011.8,
					 Business and Professions Code, and Section
					 21082,
					 Public Resources Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 12 - Subdivisions › Section 2792.16 - Reasonable Arrangements-Assessments and Liens

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Regular assessments to defray expenses
				attributable to the ownership, operation and furnishing of common interests by
				the Association shall ordinarily be levied against each owner according to the
				ratio of the number of subdivision interests owned by the owner assessed to the
				total number of interests subject to assessments.
(b) In the case of a subdivision offering in
				which it is reasonable to anticipate that any owner will derive as much as 10%
				more than any other owner in the value of common services supplied by the
				Association, the assessment against each owner may be determined according to a
				formula or schedule under which the assessments against the various subdivision
				interests bear a relationship which is equitably proportionate to the value of
				the common services furnished to the respective interests.
(c) The subdivider--and his successor in
				interest, if any--is an owner subject to the payment of regular and special
				assessments against subdivision interests which he owns provided, however, that
				the subdivider and any other owner of a subdivision interest which does not
				include a structural improvement for human occupancy may be exempted by the
				governing instruments from the payment of that portion of any assessment which
				is for the purpose of defraying expenses and reserves directly attributable to
				the existence and the use of the structural improvement. The exemption may
				include, but shall not necessarily be limited to:
Roof replacement;
Exterior maintenance;
Walkway and carport lighting;
Refuse disposal;
Cable television; and
Domestic water supplied to living units.
(1) Any exemption from the payment of
				assessments attributed to dwelling units shall be in effect only until the
				earliest of the following events.
(A) A notice
				of completion of the structural improvements has been recorded.
(B) Occupation or use of the dwelling
				unit.
(C) Completion of all
				elements of the residential structures which the Association is obliged to
				maintain.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 12 - Subdivisions › Section 2792.17 - Reasonable Arrangements-Members' Meetings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Regular meetings of members of the
				Association shall be held not less frequently than once each calendar year at a
				time and place prescribed by the Bylaws. The first meeting of the Association,
				whether a regular or special meeting, shall be held within 45 days after the
				closing of the sale of the subdivision interest which represents the 51st
				percentile interest authorized for sale under the first public report for the
				subdivision, provided that public report authorizes the sale of 50 subdivision
				interests or more in the subdivision. However, but in no event shall the
				meeting be held later than six months after the closing of the sale of the
				first subdivision interest without regard to the number of subdivision
				interests authorized for sale in the first public report.
(b) Meetings of Association members shall be
				conducted in accordance with the provisions of Section
				1363 of the
				Civil Code.
(c) A special meeting
				of the members of the Association shall be promptly scheduled by the governing
				body in response to:
(1) The vote of the
				governing body itself.
(2) Written
				request for a special meeting signed by members representing at least 5% of the
				total voting power of the Association.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 12 - Subdivisions › Section 2792.18 - Reasonable Arrangements-Members' Voting Rights

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) With the exception of those Associations
				which have two classes of voting membership, a member of an Association,
				including an Association which provides for unequal assessments against the
				subdivision interests, shall be entitled to one vote for each subdivision
				interest owned. If a subdivision interest is owned by more than one person,
				each such person shall be a member of the Association, but there shall be no
				more than one vote for each subdivision interest.
(b) An Association may have two classes of
				voting membership according to the following provisions:
(1) Each owner of a subdivision interest
				other than a subdivider is a Class A member. Class A membership entitles the
				holder to one vote for each subdivision interest owned.
(2) The subdivider is a Class B member. Class
				B membership entitles the holder to not more than three votes for each
				subdivision interest owned.
(3) In
				a single-phase subdivision development, Class B membership shall be
				irreversibly converted to Class A membership on the first to occur of the
				following:
(A) The total outstanding votes
				held by Class A members equal the total outstanding votes held by the Class B
				member.
(B) A prescribed date which
				is not later than the second anniversary of the first conveyance of a
				subdivision interest in the development.
(4) In a multi-phase development for which
				the subdivider has submitted a plan for phased development through annexation
				which satisfies the requirements of Section
				2792.27, the Class B membership
				shall be irreversibly converted to Class A membership on the first to occur of
				the following:
(A) A prescribed date certain
				which is not later than the second anniversary of the first conveyance of a
				subdivision interest in the most recent phase of the development.
(B) A prescribed date certain which is not
				later than the fourth anniversary of the first conveyance of a subdivision
				interest in the first phase of the development.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 12 - Subdivisions › Section 2792.19 - Reasonable Arrangements-Election of Governing Body

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The first election of a governing body
				for the Association shall be conducted at the first meeting of the Association.
				All positions on the governing body shall be filled at that election.
(b)
(1)
				Voting for the governing body shall be by secret written ballot. Cumulative
				voting in the election of governing body members shall be prescribed for all
				elections in which more than two positions on the governing body are to be
				filled subject only to the procedural prerequisites to cumulative voting
				prescribed in Section
				7615(b)
				of the Corporations Code.
(2)
				Unless the entire governing body is removed from office by the vote of members
				of the Association, no individual governing body members shall be removed prior
				to the expiration of his term of office if the votes cast against removal would
				be sufficient to elect the governing body member if voted cumulatively at an
				election at which the same total number of votes were cast and the entire
				number of governing body members authorized at the time of the most recent
				election of the governing body member were then being
				elected.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 12 - Subdivisions › Section 2792.20 - Reasonable Arrangements-Governing Body Meetings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Regular meetings of the governing body of
				the Association shall be held as prescribed in the Bylaws. Ordinarily such
				meetings shall be conducted at least monthly though the Bylaws may prescribe
				meetings as infrequently as every six months if business to be transacted by
				the governing body does not justify more frequent meetings.
(b)
(1)
				Regular meetings of the governing body shall be held at a time and at a meeting
				place fixed by the governing body from time to time. The meeting place shall
				ordinarily be within the subdivision itself unless in the judgment of the
				governing body a larger meeting room is required than exists within the
				subdivision in which case the meeting room selected shall be as close as
				possible to the subdivision.
(2)
				Notice of the time and place of a regular meeting shall be posted at a
				prominent place or places within the common area and shall be communicated to
				governing body members not less than four days prior to the meeting unless the
				time and place of meeting is fixed by the Bylaws provided, however that notice
				of a meeting need not be given to any governing body member who has signed a
				waiver of notice or a written consent to holding of the meeting. If the common
				area consists only of an easement or is otherwise unsuitable for posting of
				such notice, the governing body shall communicate the notice of the time and
				place of such meeting by any means it deems appropriate.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 12 - Subdivisions › Section 2792.21 - Reasonable Arrangements-Governing Body Powers and Limitations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The powers and
				duties of the governing body of the Association shall normally include, but
				shall not be limited to, the following:
(1)
				Enforcement of applicable provisions of the Covenants, Conditions and
				Restrictions, Articles, Bylaws and other instruments for the ownership,
				management and control of the subdivision.
(2) Payment of taxes and assessments which
				are, or could become, a lien on the common area or a portion thereof.
(3) Contracting for casualty, liability and
				other insurance on behalf of the Association.
(4) Contracting for goods and/or services for
				the common areas, facilities and interests or for the Association subject to
				the limitations set forth below.
(5) Delegation of its powers to committees,
				officers or employees of the Association as expressly authorized by the
				governing instruments.
(6)
				Preparation of budgets and financial statements for the Association as
				prescribed in the governing instruments.
(7) Formulation of rules of operation of the
				common areas and facilities owned or controlled by the Association.
(8) Initiation and execution of disciplinary
				proceedings against members of the Association for violations of provisions of
				the governing instruments in accordance with procedures set forth in the
				governing instruments.
(9) Entering
				upon any privately-owned subdivision interest as necessary in connection with
				construction, maintenance or emergency repair for the benefit of the common
				area or the owners in common.
(10)
				Election of officers of the governing body.
(11) Filling of vacancies on the governing
				body except for a vacancy created by the removal of a governing body
				member.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 12 - Subdivisions › Section 2792.22 - Reasonable Arrangements-Budgets and Financial Statements. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
				  filed 1-17-80; effective thirtieth day thereafter (Register 80, No. 3). For
				  prior history, see Register 76, No. 3.
2. Amendment filed 2-1-84;
				  designated effective 2-10-84 pursuant to Government Code section
				  11346.2(d)
				  (Register 84, No. 5).
3. Amendment of subsection (a)(1) filed
				  1-9-85; effective thirtieth day thereafter (Register 85, No. 2).
4.
				  New subsection (d) filed 11-16-87; operative 12-16-87 (Register 87, No.
				  47).
5. Amendment of subsections (a)(1)(C) and (b) filed 5-4-89;
				  operative 6-3-89 (Register 89, No. 23).
6. Amendment filed 5-9-90;
				  operative 6-8-90 (Register 90, No. 25).
7. Amendment of subsections
				  (b) and (c) filed 7-12-91; operative 8-11-91 (Register 91, No.
				  44).
8. Editorial correction of printing errors (Register 91, No.
				  44).
9. Repealer and new subsections (a)(1)(B) and (a)(1)(C) filed
				  4-1-93; operative 5-3-93 (Register 93, No. 14).
10. Repealer filed
				  11-13-96; operative 11-13-96 pursuant to Government Code section
				  11343.4(d)
				  (Register 96, No. 46).
Note: Authority cited: Section
					 11001,
					 Business and Professions Code. Reference: Section
					 11018.5,
					 Business and Professions Code; and Section
					 1365, Civil
					 Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 12 - Subdivisions › Section 2792.24 - Reasonable Arrangements-Governing Instruments Amendments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In a single-class voting structure,
				amendments of the CC&R's may be enacted by requiring the vote or written
				assent of members representing both:
(1) A
				majority of the total voting power of the Association which is at least a bare
				majority and not more than 75%; and
(2) At least a bare majority of the votes of
				members other than the subdivider.
The percentage of the voting power necessary to amend a
				  specific clause or provision shall not be less than the percentage of
				  affirmative votes prescribed for action to be taken under that clause. For
				  example, if the CC&R's expressly state that 75% of the voting power must
				  agree to an increase in the maximum annual assessment, then 75% of the voting
				  power is necessary to amend this provision regardless of the percentage
				  prescribed in the general provision pertaining to amendments of the
				  CC&R's.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 12 - Subdivisions › Section 2792.25 - Reasonable Arrangements-Restrictions upon Alienation. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 1-16-76; effective thirtieth day thereafter (Register 76, No.
				  3).
2. Amendment and new subsection (c) filed 7-9-80; effective
				  thirtieth day thereafter (Register 80, No. 28).
3. Amendment filed
				  12-3-80; effective thirtieth day thereafter (Register 80, No.
				  49).
4. Repealer filed 11-13-96; operative 11-13-96 pursuant to
				  Government Code section
				  11343.4(d)
				  (Register 96, No. 46).
Note: Authority cited: Sections
					 10080,
					 10226,
					 11001,
					 11011.8,
					 Business and Professions Code and Section
					 21082,
					 Public Resources Code. Reference: Sections
					 11003.2,
					 11018,
					 11018.5,
					 Business and Professions Code; and Sections
					 35700 et seq., Health and Safety
					 Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 12 - Subdivisions › Section 2792.26 - Reasonable Arrangements-Disciplining of Members by the Association

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Association
				cannot be empowered to cause a forfeiture or abridgement of an owner's right to
				the full use and enjoyment of his individually-owned subdivision interest on
				account of the failure by the owner to comply with provisions of the governing
				instruments or of duly-enacted rules of operation for common areas and
				facilities except by judgment of a court or a decision arising out of an
				arbitration or on account of a foreclosure or sale under a power of sale for
				failure of the owner to pay assessments duly levied by the
				Association.
(b) The governing
				instruments shall include provisions which authorize the governing body to
				impose monetary penalties, temporary suspensions of an owner's rights as a
				member of the Association or other appropriate discipline for failure to comply
				with the governing instruments provided that the procedures for notice and
				hearing, satisfying the minimum requirements of subdivision (h) of Section
				1363 of the
				Civil Code, are followed with respect to the accused member before a decision
				to impose discipline is reached.
(c) A monetary penalty imposed by the
				Association as a disciplinary measure for failure of a member to comply with
				the governing instruments or as a means of reimbursing the Association for
				costs incurred by the Association in the repair of damage to common areas and
				facilities for which the member was allegedly responsible or in bringing the
				member and his subdivision interest into compliance with the governing
				instruments may not be characterized nor treated in the governing instruments
				as an assessment which may become a lien against the member's subdivision
				interest enforceable by a sale of the interest in accordance with the
				provisions of Sections
				2924,
				2924(b)
				and
				2924(c)
				of the Civil Code.
(d) The
				provisions of subdivision (c) do not apply to charges imposed against an owner
				consisting of reasonable late payment penalties for delinquent assessments
				and/or charges to reimburse the Association for the loss of interest and for
				costs reasonably incurred (including attorney's fees) in its efforts to collect
				delinquent assessments.
1. Amendment
				  of subsection (b) filed 1-17-80; effective thirtieth day thereafter (Register
				  80, No. 3). For prior history, see Register 76, No. 3.
2. Amendment
				  filed 12-1-81; designated effective 1-1-82 (Register 81, No. 49).
3.
				  Amendment of subsection (b) filed 9-5-2003; operative 10-5-2003 (Register 2003,
				  No. 36).
Note: Authority cited: Section
					 11001,
					 Business and Professions Code. Reference: Section
					 11018.5,
					 Business and Professions Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 12 - Subdivisions › Section 2792.27 - Reasonable Arrangements-Annexation of Property to the Subdivision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Provisions in
				the CC & Rs to effect the annexation of real property to the existing
				subdivision shall require the vote or written assent of not less than 66 2/3%
				of the total votes residing in Association members other than the subdivider
				unless the proposed annexation is in substantial conformance with a detailed
				plan of phased development submitted to the commissioner with the application
				for a public report for the first phase of the subdivision.
(b) The plan for phased development through
				annexation referred to in subdivision (a) must include, but need not be limited
				to, the following:
(1) Proof satisfactory to
				the Commissioner that no proposed annexation will result in an overburdening of
				common facilities.
(2) Proof
				satisfactory to the Commissioner that no proposed annexation will cause a
				substantial increase in assessments against existing owners which was not
				disclosed in subdivision public reports under which pre-existing owners
				purchased their interests.
(3)
				Identification of the land proposed to be annexed and the total number of
				residential units then contemplated by the subdivider for the overall
				subdivision development.
(4) A
				written commitment by the subdivider to pay to the association, concurrently
				with the closing of the escrow for the first sale of a subdivision interest in
				an annexed phase, appropriate amounts for reserves for replacement or deferred
				maintenance of common area improvements in the annexed phase necessitated by or
				arising out of the use and occupancy of residential units under a rental
				program conducted by the subdivider which has been in effect for a period of at
				least one year as of the date of closing of escrow for the first sale of a
				residential unit in the annexed phase.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 12 - Subdivisions › Section 2792.28 - Reasonable Arrangements-Architectural and Design Control

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The committee for the control of
				structural and landscaping architecture and design (Architectural Control
				Committee) within the subdivision shall consist of not less than three nor more
				than five members.
(b) The
				subdivider may appoint all of the original members of the Architectural Control
				Committee and all replacements until the first anniversary of the issuance of
				the original public report for the first (or only) phase of the subdivision.
				The subdivider may reserve to himself the power to appoint a majority of the
				members of the Committee until 90% of all the subdivision interests in the
				overall development have been sold or until the fifth anniversary date of the
				original issuance of the final public report for the first (or only) phase of
				the subdivision, whichever first occurs.
(c) After one year from the date of issuance
				of the original public report for the first (or only) phase of the subdivision,
				the governing body of the Association shall have the power to appoint one
				member to the Architectural Control Committee until 90% of all of the
				subdivision interests in the overall development have been sold or until the
				fifth anniversary date of the original issuance of the final public report for
				the first (or only) phase of the subdivision, whichever first occurs.
				Thereafter the governing body of the Association shall have the power to
				appoint all of the members of the Architectural Control Committee.
1. New section
				  filed 1-16-76; effective thirtieth day thereafter (Register 76, No.
				  3).
2. Amendment filed 2-10-77; effective thirtieth day thereafter
				  (Register 77, No. 7).
3. Redesignation of former subsections (a)(1),
				  (a)(2) and (a)(3) as subsections (a), (b) and (c), respectively, repealer of
				  former subsection (b), and amendment of NOTE filed 11-13-96; operative 11-13-96
				  pursuant to Government Code section
				  11343.4(d)
				  (Register 96, No. 46).
Note: Authority cited: Sections
					 10080
					 and
					 11001,
					 Business and Professions Code; and Section
					 21082,
					 Public Resources Code. Reference: Section
					 11018.5,
					 Business and Professions Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 12 - Subdivisions › Section 2792.29 - Reasonable Arrangements-Distribution in the Case of Condemnation or Destruction. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 1-17-80; effective thirtieth day thereafter (Register 80, No.
				  3).
2. New subsection (c) filed 7-9-80; effective thirtieth day
				  thereafter (Register 80, No. 28).
3. Repealer filed 11-13-96;
				  operative 11-13-96 pursuant to Government Code section
				  11343.4(d)
				  (Register 96, No. 46).
Note: Authority cited: Section
					 11001,
					 Business and Professions Code. Reference: Sections
					 11018.5,
					 11003.2,
					 Business and Professions Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 12 - Subdivisions › Section 2792.30 - Rescission Rights

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A person who has made an offer to purchase an interest in an
				  undivided interest subdivision may exercise the right of rescission granted by
				  Section 11000.2 of the Code by giving
				  written notification of the election to rescind to the subdivider at the place
				  of business designated by the subdivider pursuant to Section
				  2792.31 of these
				  regulations.
If the notice of election is by United States mail, it shall
				  be considered given on the date that it is postmarked. If the notice is sent by
				  telegraph, it shall be considered as given when transmitted by telegraph from
				  the place of origin. If notification is by means of writing sent other than by
				  United States mail or telegraph, it shall be considered as given at the time of
				  delivery at the place of business designated by the
				  subdivider.
1. New section
				  filed 5-4-89; operative 6-3-89 (Register 89, No.
				  23).
Note: Authority cited: Section
					 11001,
					 Business and Professions Code. Reference: Section
					 11000.2,
					 Business and Professions Code.