1363.5-1363.6 Articles of Incorporation
CIVIL CODE
SECTION 1363.5-1363.6
1363.5. (a) The articles of incorporation of a common interest
development association filed with the Secretary of State shall
include a statement, which shall be in addition to the statement of
purposes of the corporation, that does all of the following:
(1) Identifies the corporation as an association formed to manage
a common interest development under the Davis-Stirling Common
Interest Development Act.
(2) States the business or corporate office of the association, if
any, and, if the office is not on the site of the common interest
development, states the front street and nearest cross street for the
physical location of the common interest development.
(3) States the name and address of the association's managing
agent, as defined in Section 1363.1, if any.
(b) The statement filed by an incorporated association with the
Secretary of State pursuant to Section 8210 of the Corporations Code
shall also contain a statement identifying the corporation as an
association formed to manage a common interest development
association under the Davis-Stirling Common Interest Development Act.
1363.6. (a) To assist with the identification of common interest
developments, each association, whether incorporated or
unincorporated, shall submit to the Secretary of State, on a form and
for a fee not to exceed thirty dollars ($30) that the Secretary of
State shall prescribe, the following information concerning the
association and the development that it manages:
(1) A statement that the association is formed to manage a common
interest development under the Davis-Stirling Common Interest
Development Act.
(2) The name of the association.
(3) The street address of the business or corporate office of the
association, if any.
(4) The street address of the association's onsite office, if
different from the street address of the business or corporate
office, or if there is no onsite office, the street address of the
responsible officer or managing agent of the association.
(5) The name, address, and either the daytime telephone number or
e-mail address of the president of the association, other than the
address, telephone number, or e-mail address of the association's
onsite office or managing agent of the association.
(6) The name, street address, and daytime telephone number of the
association's managing agent, if any.
(7) The county, and if in an incorporated area, the city in which
the development is physically located. If the boundaries of the
development are physically located in more than one county, each of
the counties in which it is located.
(8) If the development is in an unincorporated area, the city
closest in proximity to the development.
(9) The front street and nearest cross street of the physical
location of the development.
(10) The type of common interest development, as defined in
subdivision (c) of Section 1351, managed by the association.
(11) The number of separate interests, as defined in subdivision
(l) of Section 1351, in the development.
(b) The association shall submit the information required by this
section as follows:
(1) By incorporated associations, within 90 days after the filing
of its original articles of incorporation, and thereafter at the time
the association files its statement of principal business activity
with the Secretary of State pursuant to Section 8210 of the
Corporations Code.
(2) By unincorporated associations, in July of 2003, and in that
same month biennially thereafter. Upon changing its status to that of
a corporation, the association shall comply with the filing
deadlines in paragraph (1).
(c) The association shall notify the Secretary of State of any
change in the street address of the association's onsite office or of
the responsible officer or managing agent of the association in the
form and for a fee prescribed by the Secretary of State, within 60
days of the change.
(d) On and after January 1, 2006, the penalty for an incorporated
association's noncompliance with the initial or biennial filing
requirements of this section shall be suspension of the association's
rights, privileges, and powers as a corporation and monetary
penalties, to the same extent and in the same manner as suspension
and monetary penalties imposed pursuant to Section 8810 of the
Corporations Code.
(e) The statement required by this section may be filed,
notwithstanding suspension of the corporate powers, rights, and
privileges under this section or under provisions of the Revenue and
Taxation Code. Upon the filing of a statement under this section by a
corporation that has suffered suspension under this section, the
Secretary of State shall certify that fact to the Franchise Tax Board
and the corporation may thereupon be relieved from suspension,
unless the corporation is held in suspension by the Franchise Tax
Board by reason of Section 23301, 23301.5, or 23775 of the Revenue
and Taxation Code.
(f) The Secretary of State shall make the information submitted
pursuant to paragraph (5) of subdivision (a) available only for
governmental purposes and only to Members of the Legislature and the
Business, Transportation and Housing Agency, upon written request.
All other information submitted pursuant to this section shall be
subject to public inspection pursuant to the California Public
Records Act, Chapter 3.5 (commencing with Section 6250) of Division 7
of Title 1 of the Government Code. The information submitted
pursuant to this section shall be made available for governmental or
public inspection, as the case may be, on or before July 1, 2004, and
thereafter.
(g) Whenever any form is filed pursuant to this section, it
supersedes any previously filed form.
(h) The Secretary of State may destroy or otherwise dispose of any
form filed pursuant to this section after it has been superseded by
the filing of a new form.