1368.3-1369 Association Standing to Defend

CALIFORNIA CODES

CIVIL CODE

SECTION 1368.3-1369

1368.3. An association established to manage a common interest

development has standing to institute, defend, settle, or intervene

in litigation, arbitration, mediation, or administrative proceedings

in its own name as the real party in interest and without joining

with it the individual owners of the common interest development, in

matters pertaining to the following:

(a) Enforcement of the governing documents.

(b) Damage to the common area.

obligated to maintain or repair.

(d) Damage to a separate interest that arises out of, or is

integrally related to, damage to the common area or a separate

interest that the association is obligated to maintain or repair.

1368.4. (a) In an action maintained by an association pursuant to

subdivision (b), (c), or (d) of Section 1368.3, the amount of damages

recovered by the association shall be reduced by the amount of

damages allocated to the association or its managing agents in direct

proportion to their percentage of fault based upon principles of

comparative fault. The comparative fault of the association or its

managing agents may be raised by way of defense, but shall not be the

basis for a cross-action or separate action against the association

or its managing agents for contribution or implied indemnity, where

the only damage was sustained by the association or its members. It

is the intent of the Legislature in enacting this subdivision to

require that comparative fault be pleaded as an affirmative defense,

rather than a separate cause of action, where the only damage was

sustained by the association or its members.

(b) In an action involving damages described in subdivision (b),

(c), or (d) of Section 1368.3, the defendant or cross-defendant may

allege and prove the comparative fault of the association or its

managing agents as a setoff to the liability of the defendant or

cross-defendant even if the association is not a party to the

litigation or is no longer a party whether by reason of settlement,

dismissal, or otherwise.

after January 1, 1993.

(d) Nothing in this section affects a person's liability under

Section 1431, or the liability of the association or its managing

agent for an act or omission which causes damages to another.

1368.5. (a) Not later than 30 days prior to the filing of any civil

action by the association against the declarant or other developer

of a common interest development for alleged damage to the common

areas, alleged damage to the separate interests that the association

is obligated to maintain or repair, or alleged damage to the separate

interests that arises out of, or is integrally related to, damage to

the common areas or separate interests that the association is

obligated to maintain or repair, the board of directors of the

association shall provide a written notice to each member of the

association who appears on the records of the association when the

notice is provided. This notice shall specify all of the following:

(1) That a meeting will take place to discuss problems that may

lead to the filing of a civil action.

(2) The options, including civil actions, that are available to

address the problems.

(3) The time and place of this meeting.

(b) Notwithstanding subdivision (a), if the association has reason

to believe that the applicable statute of limitations will expire

before the association files the civil action, the association may

give the notice, as described above, within 30 days after the filing

of the action.

1369. In a condominium project, no labor performed or services or

materials furnished with the consent of, or at the request of, an

owner in the condominium project or his or her agent or his or her

contractor shall be the basis for the filing of a lien against any

other property of any other owner in the condominium project unless

that other owner has expressly consented to or requested the

performance of the labor or furnishing of the materials or services.

However, express consent shall be deemed to have been given by the

owner of any condominium in the case of emergency repairs thereto.

Labor performed or services or materials furnished for the common

areas, if duly authorized by the association, shall be deemed to be

performed or furnished with the express consent of each condominium

owner. The owner of any condominium may remove his or her condominium

from a lien against two or more condominiums or any part thereof by

payment to the holder of the lien of the fraction of the total sum

secured by the lien which is attributable to his or her condominium.