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CIVIL CODE 2007
SECTION 1363
PUBLIC INFORMATION
1363. (a) A common interest development shall be managed
by an
association which may be incorporated or unincorporated. The
association may be referred to as a community association.
(b) An association, whether incorporated or unincorporated,
shall
prepare a budget pursuant to Section 1365 and disclose information,
if requested, in accordance with Section 1368.
(c) Unless the governing documents provide otherwise, and
regardless of whether the association is incorporated or
unincorporated, the association may exercise the powers granted
to a
nonprofit mutual benefit corporation, as enumerated in Section
7140
of the Corporations Code, except that an unincorporated association
may not adopt or use a corporate seal or issue membership
certificates in accordance with Section 7313 of the Corporations
Code.
The association, whether incorporated or unincorporated, may
exercise the powers granted to an association by Section 383
of the
Code of Civil Procedure and the powers granted to the association
in
this title.
(d) Meetings of the membership of the association shall be
conducted in accordance with a recognized system of parliamentary
procedure or any parliamentary procedures the association
may adopt.
(e) Notwithstanding any other provision of law, notice of
meetings
of the members shall specify those matters the board intends
to
present for action by the members, but, except as otherwise
provided
by law, any proper matter may be presented at the meeting
for action.
(f) Members of the association shall have access to association
records, including accounting books and records and membership
lists,
in accordance with Article 3 (commencing with Section 8330)
of
Chapter 13 of Part 3 of Division 2 of Title 1 of the Corporations
Code. The members of the association shall have the same access
to
the operating rules of the association as they have to the
accounting
books and records of the association.
(g) 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 or rules of the association,
including any monetary penalty relating to the activities
of a guest
or invitee of a member, the board of directors shall adopt
and
distribute to each member, by personal delivery or first-class
mail,
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. The
board of
directors shall not be required to distribute any additional
schedules of monetary penalties unless there are changes from
the
schedule that was adopted and distributed to the members pursuant
to
this subdivision.
(h) When the board of directors is to meet to consider or
impose
discipline upon a member, the board shall notify the member
in
writing, by either personal delivery or first-class mail,
at least 10
days prior to the meeting. 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, and
a
statement that the member has a right to attend and may address
the
board at the meeting. The board of directors of the association
shall meet in executive session if requested by the member
being
disciplined.
If the board imposes discipline on a member, the board shall
provide the member a written notification of the disciplinary
action,
by either personal delivery or first-class mail, within 15
days
following the action. A disciplinary action shall not be effective
against a member unless the board fulfills the requirements
of this
subdivision.
(i) Whenever two or more associations have consolidated any
of
their functions under a joint neighborhood association or
similar
organization, members of each participating association shall
be
entitled to attend all meetings of the joint association other
than
executive sessions, (1) shall be given reasonable opportunity
for
participation in those meetings and (2) shall be entitled
to the same
access to the joint association's records as they are to the
participating association's records.
(j) Nothing in this section shall be construed to create,
expand,
or reduce the authority of the board of directors of an association
to impose monetary penalties on an association member for
a violation
of the governing documents or rules of the association.
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