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| This Statement appears at the beginning of the CC&Rs in the section called Recitals: | |||||||
| ..."IT IS FURTHER HEREBY DECLARED that all of the real property described herein is held and owned and shall be held, owned, operated, managed, conveyed, hypothecated, encumbered, leased, used, occupied, and improved subject to the following covenants, conditions, and restrictions, all of which are declared and agreed to be in furtherance of a plan and purpose of protecting, preserving, and enhancing the value, desirability, and attractiveness of the said real property and every part thereof, and of fostering the development, management, improvement, enjoyment and sale of the said real property and any part thereof; and..." | |||||||
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Many laws have been passed since our CC&Rs and By-Laws were written. Some are not part of the Davis Stirling Act and might be covered in the Corporations Code, Real Estate Law, Vehicle Code and/or others. The list is incomplete, but I want you to know about them. Many override what is written in the CC&Rs and By-Laws and/or add to them. I cannot guarantee complete accuracy, I�m not a lawyer. Most of the information was taken from: http://www.cahomelaw.org/ There is some good information on this site. It�s a fairly new website and the organization has an office in Oakland. You can look up the laws at http://www.leginfo.ca.gov/ for bills, and http://www.leginfo.ca.gov/calaw.html for the actual laws. ----------------------------- 1996 AB 1317/Speier. 1996 Establishes that foreclosure can be used only to collect assessments; 1998(?) FCC Rule Over-the-Air Reception Devices Rule, . CCR Art IV, Sec 4.9, Antennas 1999 AB 860/Thomson. Pets CCR Art IV, Sec 4.10 2004 AB 1525/Longville. Signs CCR Art IV, Sec 4.12 2006 AB 2210 (Goldberg). Tow Trucks: Regulating vehicle code Chapter 609, Statutes of 2006 CC&R, Art IV, Section 4.14 2004 Davis-Stirling Act CA Civil Code 1357.130, 1357.140 � AB 512/Bates. Fairness in Association Rulemaking. . CCR Art V, Sec 5.5 2005 Davis-Stirling Act CA Civil Code 1365.1, 1367. 4 � SB 137/Ducheny. assessments CCR VI 2006 Davis-Stirling Act CA Civil Code 1365. � AB 2100/Laird. reserve funding CC&R VI , 6.4, 6.13 2005 Davis-Stirling Act CA Civil Code 1365.2.5. � AB 2718/Laird. Disclosure to Homeowners and to Prospective Buyers of CID Reserve Accounts. CCR VI. Sec 6.13 2002 CA CC 1351, 1363.05, 1366, 1366.3, 1367, and 1368 of, and to add Sections 1361.5, 1365.1, and 1367.1 to, the Civil Code, relating to common interest developments. AB 2289/Kehoe. Due Process in Nonjudicial foreclosures. CC&R ART VI, Sections 6.9, 6.10 AB 2624 (Houston). Common Interest Developments. Nonjudicial Foreclosure Chapter 575, Statutes of 2006 2004 Davis-Stirling Act CA Civil Code 1378 � AB 2376/Bates. Architectural Review Procedures. CCR IX Davis-Stirling Act CA Civil Code 1363.810-1363.850, 1367.1 �AB 1836/Harman. Internal Dispute Resolution Procedures . CCR X, Sec 10.10 Davis-Stirling Act CA Civil Code. 1363(f),. Davis-Stirling Act CA Civil Code 1365.2, California Corp. Code 8330, Corp. 8333 2004 � AB 104/Lowenthal. Homeowner Inspection & Copying of HOA Records. CC&R Art XI, 11.4 Davis-Stirling Act CA Civil Code 1363. 2006 � AB 1098/Jones. inspection records By-Laws ART III, V, and VI Davis-Stirling Act CA Civil Code 1363.03 2006 � SB 61/Battin. CID Elections. By-Laws, Art III, V, and VI SB 1560 (Battin). Common Interest Developments. Governance passed as emergency legislation and took effect SEPTEMBER 18, 2006 Chapter 310, Statutes of 2006 2006 � AB 394/Niello. Housing: discrimination By-Laws, Art VII, 7.2 AB 1881 (Laird). Water Conservation 2006 Chapter 559, Statutes of 2006 AB 1086/Laird. 2004 Prohibition Against Community Service Organizations' (CSOs) collecting transfer fees at the point of sale. 2007 SB 528 Posting meeting agenda AB 691 managers |
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