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Definitions

California Civil Code

§ 4075-4190. Definitions

Text
As used in this title, the following terms have the following meanings:

4075. The definitions in this article govern the construction of

this act.

4076. "Annual budget report" means the report described in Section

5300.

4078. "Annual policy statement" means the statement described in

Section 5310.

4080. "Association" means a nonprofit corporation or unincorporated

association created for the purpose of managing a common interest

development.

4085. "Board" means the board of directors of the association.

4090. "Board meeting" means either of the following:

(a) A congregation, at the same time and place, of a sufficient

number of directors to establish a quorum of the board, to hear,

discuss, or deliberate upon any item of business that is within the

authority of the board.

(b) A teleconference, where a sufficient number of directors to

establish a quorum of the board, in different locations, are

connected by electronic means, through audio or video, or both. A

teleconference meeting shall be conducted in a manner that protects

the rights of members of the association and otherwise complies with

the requirements of this act. Except for a meeting that will be held

solely in executive session, the notice of the teleconference meeting

shall identify at least one physical location so that members of the

association may attend, and at least one director or a person

designated by the board shall be present at that location.

Participation by directors in a teleconference meeting constitutes

presence at that meeting as long as all directors participating are

able to hear one another, as well as members of the association

speaking on matters before the board.

4095. (a) "Common area" means the entire common interest

development except the separate interests therein. The estate in the

common area may be a fee, a life estate, an estate for years, or any

combination of the foregoing.

(b) Notwithstanding subdivision (a), in a planned development

described in subdivision (b) of Section 4175, the common area may

consist of mutual or reciprocal easement rights appurtenant to the

separate interests.

4100. "Common interest development" means any of the following:

(a) A community apartment project.

(b) A condominium project.

(c) A planned development.

(d) A stock cooperative.

4105. "Community apartment project" means a development in which an

undivided interest in land is coupled with the right of exclusive

occupancy of any apartment located thereon.

4110. (a) "Community service organization or similar entity" means

a nonprofit entity, other than an association, that is organized to

provide services to residents of the common interest development or

to the public in addition to the residents, to the extent community

common area or facilities are available to the public.

(b) "Community service organization or similar entity" does not

include an entity that has been organized solely to raise moneys and

contribute to other nonprofit organizations that are qualified as tax

exempt under Section 501(c)(3) of the Internal Revenue Code and that

provide housing or housing assistance.

4120. "Condominium plan" means a plan described in Section 4285.

4125. (a) A "condominium project" means a real property development

consisting of condominiums.

(b) A condominium consists of an undivided interest in common in a

portion of real property coupled with a separate interest in space

called a unit, the boundaries of which are described on a recorded

final map, parcel map, or condominium plan in sufficient detail to

locate all boundaries thereof. The area within these boundaries may

be filled with air, earth, water, or fixtures, or any combination

thereof, and need not be physically attached to land except by

easements for access and, if necessary, support. The description of

the unit may refer to (1) boundaries described in the recorded final

map, parcel map, or condominium plan, (2) physical boundaries, either

in existence, or to be constructed, such as walls, floors, and

ceilings of a structure or any portion thereof, (3) an entire

structure containing one or more units, or (4) any combination

thereof.

(c) The portion or portions of the real property held in undivided

interest may be all of the real property, except for the separate

interests, or may include a particular three-dimensional portion

thereof, the boundaries of which are described on a recorded final

map, parcel map, or condominium plan. The area within these

boundaries may be filled with air, earth, water, or fixtures, or any

combination thereof, and need not be physically attached to land

except by easements for access and, if necessary, support.

(d) An individual condominium within a condominium project may

include, in addition, a separate interest in other portions of the

real property.

4130. "Declarant" means the person or group of persons designated

in the declaration as declarant, or if no declarant is designated,

the person or group of persons who sign the original declaration or

who succeed to special rights, preferences, or privileges designated

in the declaration as belonging to the signator of the original

declaration.

4135. "Declaration" means the document, however denominated, that

contains the information required by Sections 4250 and 4255.

4140. "Director" means a natural person who serves on the board.

4145. (a) "Exclusive use common area" means a portion of the common

area designated by the declaration for the exclusive use of one or

more, but fewer than all, of the owners of the separate interests and

which is or will be appurtenant to the separate interest or

interests.

(b) Unless the declaration otherwise provides, any shutters,

awnings, window boxes, doorsteps, stoops, porches, balconies, patios,

exterior doors, doorframes, and hardware incident thereto, screens

and windows or other fixtures designed to serve a single separate

interest, but located outside the boundaries of the separate

interest, are exclusive use common area allocated exclusively to that

separate interest.

(c) Notwithstanding the provisions of the declaration, internal

and external telephone wiring designed to serve a single separate

interest, but located outside the boundaries of the separate

interest, is exclusive use common area allocated exclusively to that

separate interest.

4148. "General notice" means the delivery of a document pursuant to

Section 4045.

4150. "Governing documents" means the declaration and any other

documents, such as bylaws, operating rules, articles of

incorporation, or articles of association, which govern the operation

of the common interest development or association.

4153. "Individual notice" means the delivery of a document pursuant

to Section 4040.

4155. "Item of business" means any action within the authority of

the board, except those actions that the board has validly delegated

to any other person or persons, managing agent, officer of the

association, or committee of the board comprising less than a quorum

of the board.

4158. (a) A "managing agent" is a person who, for compensation or

in expectation of compensation, exercises control over the assets of

a common interest development.

(b) A "managing agent" does not include any of the following:

(1) A regulated financial institution operating within the normal

course of its regulated business practice.

(2) An attorney at law acting within the scope of the attorney's

license.

4160. "Member" means an owner of a separate interest.

4170. "Person" means a natural person, corporation, government or

governmental subdivision or agency, business trust, estate, trust,

partnership, limited liability company, association, or other entity.

4175. "Planned development" means a real property development other

than a community apartment project, a condominium project, or a

stock cooperative, having either or both of the following features:

(a) Common area that is owned either by an association or in

common by the owners of the separate interests who possess

appurtenant rights to the beneficial use and enjoyment of the common

area.

(b) Common area and an association that maintains the common area

with the power to levy assessments that may become a lien upon the

separate interests in accordance with Article 2 (commencing with

Section 5650) of Chapter 8.

4177. "Reserve accounts" means both of the following:

(a) Moneys that the board has identified for use to defray the

future repair or replacement of, or additions to, those major

components that the association is obligated to maintain.

(b) The funds received, and not yet expended or disposed of, from

either a compensatory damage award or settlement to an association

from any person for injuries to property, real or personal, arising

from any construction or design defects. These funds shall be

separately itemized from funds described in subdivision (a).

4178. "Reserve account requirements" means the estimated funds that

the board has determined are required to be available at a specified

point in time to repair, replace, or restore those major components

that the association is obligated to maintain.

4185. (a) "Separate interest" has the following meanings:

(1) In a community apartment project, "separate interest" means

the exclusive right to occupy an apartment, as specified in Section

4105.

(2) In a condominium project, "separate interest" means a

separately owned unit, as specified in Section 4125.

(3) In a planned development, "separate interest" means a

separately owned lot, parcel, area, or space.

(4) In a stock cooperative, "separate interest" means the

exclusive right to occupy a portion of the real property, as

specified in Section 4190.

(b) Unless the declaration or condominium plan, if any exists,

otherwise provides, if walls, floors, or ceilings are designated as

boundaries of a separate interest, the interior surfaces of the

perimeter walls, floors, ceilings, windows, doors, and outlets

located within the separate interest are part of the separate

interest and any other portions of the walls, floors, or ceilings are

part of the common area.

(c) The estate in a separate interest may be a fee, a life estate,

an estate for years, or any combination of the foregoing.

4190. (a) "Stock cooperative" means a development in which a

corporation is formed or availed of, primarily for the purpose of

holding title to, either in fee simple or for a term of years,

improved real property, and all or substantially all of the

shareholders of the corporation receive a right of exclusive

occupancy in a portion of the real property, title to which is held

by the corporation. The owners' interest in the corporation, whether

evidenced by a share of stock, a certificate of membership, or

otherwise, shall be deemed to be an interest in a common interest

development and a real estate development for purposes of subdivision

(f) of Section 25100 of the Corporations Code.

(b) A "stock cooperative" includes a limited equity housing

cooperative which is a stock cooperative that meets the criteria of

Section 817.

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