California Civil Code
§ 4075-4190. Definitions
As used in this title, the following terms have the following meanings:
4075. The definitions in this article govern the construction of
4076. "Annual budget report" means the report described in Section
4078. "Annual policy statement" means the statement described in
4080. "Association" means a nonprofit corporation or unincorporated
association created for the purpose of managing a common interest
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
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
(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
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
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
(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
(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
4148. "General notice" means the delivery of a document pursuant to
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
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
(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
(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