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CIVIL CODE

SECTION 4000-4070

4000. This part shall be known and may be cited as the

Davis-Stirling Common Interest Development Act. In a provision of

this part, the part may be referred to as the act.

4005. Division, part, title, chapter, article, and section headings

do not in any manner affect the scope, meaning, or intent of this

act.

4010. Nothing in the act that added this part shall be construed to

invalidate a document prepared or action taken before January 1,

2014, if the document or action was proper under the law governing

common interest developments at the time that the document was

prepared or the action was taken. For the purposes of this section,

"document" does not include a governing document.

4020. Unless a contrary intent is clearly expressed, a local zoning

ordinance is construed to treat like structures, lots, parcels,

areas, or spaces in like manner regardless of the form of the common

interest development.

4035. (a) If a provision of this act requires that a document be

delivered to an association, the document shall be delivered to the

person designated in the annual policy statement, prepared pursuant

to Section 5310, to receive documents on behalf of the association.

If no person has been designated to receive documents, the document

shall be delivered to the president or secretary of the association.

(b) A document delivered pursuant to this section may be delivered

by any of the following methods:

(1) By email, facsimile, or other electronic means, if the

association has assented to that method of delivery.

(2) By personal delivery, if the association has assented to that

method of delivery. If the association accepts a document by personal

delivery it shall provide a written receipt acknowledging delivery

of the document.

(3) By first-class mail, postage prepaid, registered or certified

mail, express mail, or overnight delivery by an express service

center.

4040. (a) If a provision of this act requires that an association

deliver a document by "individual delivery" or "individual notice,"

the document shall be delivered by one of the following methods:

(1) First-class mail, postage prepaid, registered or certified

mail, express mail, or overnight delivery by an express service

carrier. The document shall be addressed to the recipient at the

address last shown on the books of the association.

(2) E-mail, facsimile, or other electronic means, if the recipient

has consented, in writing, to that method of delivery. The consent

may be revoked, in writing, by the recipient.

(b) Upon receipt of a request by a member, pursuant to Section

5260, identifying a secondary address for delivery of notices of the

following types, the association shall deliver an additional copy of

those notices to the secondary address identified in the request:

(1) The documents to be delivered to the member pursuant to

Article 7 (commencing with Section 5300) of Chapter 6.

(2) The documents to be delivered to the member pursuant to

Article 2 (commencing with Section 5650) of Chapter 8, and Section

5710.

(c) For the purposes of this section, an unrecorded provision of

the governing documents providing for a particular method of delivery

does not constitute agreement by a member to that method of

delivery.

4045. (a) If a provision of this act requires "general delivery" or

"general notice," the document shall be provided by one or more of

the following methods:

(1) Any method provided for delivery of an individual notice

pursuant to Section 4040.

(2) Inclusion in a billing statement, newsletter, or other

document that is delivered by one of the methods provided in this

section.

(3) Posting the printed document in a prominent location that is

accessible to all members, if the location has been designated for

the posting of general notices by the association in the annual

policy statement, prepared pursuant to Section 5310.

(4) If the association broadcasts television programming for the

purpose of distributing information on association business to its

members, by inclusion in the programming.

(b) Notwithstanding subdivision (a), if a member requests to

receive general notices by individual delivery, all general notices

to that member, given under this section, shall be delivered pursuant

to Section 4040. The option provided in this subdivision shall be

described in the annual policy statement, prepared pursuant to

Section 5310.

4050. (a) This section governs the delivery of a document pursuant

to this act.

(b) If a document is delivered by mail, delivery is deemed to be

complete on deposit into the United States mail.

(c) If a document is delivered by electronic means, delivery is

complete at the time of transmission.

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4050. (a) This section governs the delivery of a document pursuant

to this act.

(b) If a document is delivered by mail, delivery is deemed to be

complete on deposit into the United States mail.

(c) If a document is delivered by electronic means, delivery is

complete at the time of transmission.

4055. If the association or a member has consented to receive

information by electronic delivery, and a provision of this act

requires that the information be in writing, that requirement is

satisfied if the information is provided in an electronic record

capable of retention by the recipient at the time of receipt. An

electronic record is not capable of retention by the recipient if the

sender or its information processing system inhibits the ability of

the recipient to print or store the electronic record.

4065. If a provision of this act requires that an action be

approved by a majority of all members, the action shall be approved

or ratified by an affirmative vote of a majority of the votes

entitled to be cast.

4070. If a provision of this act requires that an action be

approved by a majority of a quorum of the members, the action shall

be approved or ratified by an affirmative vote of a majority of the

votes represented and voting in a duly held election in which a

quorum is represented, which affirmative votes also constitute a

majority of the required quorum.

1452 W. 9th Street # 3  Upland, CA 91786

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Address: 1452 W. 9th Street #E Upland, CA 91786