Title CIV, California Civ. Code

The definitions in this article govern the construction of this act. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)

“Association” means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)

“Board” means the board of directors of the association. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)

A “commercial or industrial common interest development” means a common interest development that is limited to industrial or commercial uses by law or by a declaration of covenants, conditions, and restrictions that has been recorded in the official records of each county in whi…

(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…

“Common interest development” means any of the following: (a) A condominium project. (b) A planned development. (c) A stock cooperative. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)

“Condominium plan” means a plan described in Section 6624. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)

(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 …

“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 declarati…

“Declaration” means the document, however denominated, that contains the information required by Section 6614. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)

“Director” means a natural person who serves on the board. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)

(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…

“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. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB …

“Individual notice” means the delivery of a document pursuant to Section 6514. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)

“Member” means an owner of a separate interest. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)

“Person” means a natural person, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, association, or other entity. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)

“Planned development” means a real property development other than 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 posse…

(a) “Separate interest” has the following meanings: (1) In a condominium project, “separate interest” means a separately owned unit, as specified in Section 6542. (2) In a planned development, “separate interest” means a separately owned lot, parcel, area, or space. (3) In a stoc…

“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) This part is operative on July 1, 2012. (b) Notwithstanding subdivision (a), the effectiveness of a notice given or other action taken on a work of improvement before July 1, 2012, is governed by the applicable law in effect before July 1, 2012, and not by this part. (c) A pr…

(a) This part does not apply to a transaction governed by the Oil and Gas Lien Act (Chapter 2.5 (commencing with Section 1203.50) of Title 4 of Part 3 of the Code of Civil Procedure). (b) This part does not apply to or change improvement security under the Subdivision Map Act (Di…

Except as otherwise provided in this part, Part 2 (commencing with Section 307) of the Code of Civil Procedure provides the rules of practice in proceedings under this part. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Se…

For purposes of this part, “day” means a calendar day. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697 and by Section 8052.)

(a) If this part provides for filing a contract, plan, or other paper with the county recorder, the provision is satisfied by filing the paper in the office of the county recorder of the county in which the work of improvement or part of it is situated. (b) If this part provides …

No act of an owner in good faith and in compliance with a provision of this part shall be construed to prevent a direct contractor’s performance of the contract, or exonerate a surety on a performance or payment bond. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective Ja…

An owner may give a notice or execute or file a document under this part on behalf of a co-owner if the owner acts on the co-owner’s behalf and includes in the notice or document the name and address of the co-owner on whose behalf the owner acts. (Added by Stats. 2010, Ch. 697, …

An act that may be done by or to a person under this part may be done by or to the person’s agent to the extent the act is within the scope of the agent’s authority. (Added by Stats. 2010, Ch. 697, Sec. 20. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 o…

(a) A written direct contract shall provide a space for the owner to enter the following information: (1) The owner’s name, address, and place of business, if any. (2) The name and address of the construction lender, if any. This paragraph does not apply to a home improvement con…

(a) A public entity that issues building permits shall, in its application form for a building permit, provide space and a designation for the applicant to enter the name, branch designation, if any, and address of the construction lender and shall keep the information on file op…

(a) A mortgage, deed of trust, or other instrument securing a loan, any of the proceeds of which may be used for a work of improvement, shall bear the designation “Construction Trust Deed” prominently on its face and shall state all of the following: (1) The name and address of t…

The owner of land in fee has the right to the surface and to everything permanently situated beneath or above it. (Enacted 1872.)

An owner of land bounded by a road or street is presumed to own to the center of the way, but the contrary may be shown. (Enacted 1872.)

Each coterminous owner is entitled to the lateral and subjacent support which his land receives from the adjoining land, subject to the right of the owner of the adjoining land to make proper and usual excavations on the same for purposes of construction or improvement, under the…

Trees whose trunks stand wholly upon the land of one owner belong exclusively to him, although their roots grow into the land of another. (Enacted 1872.)

Trees whose trunks stand partly on the land of two or more coterminous owners, belong to them in common. (Enacted 1872.)

(a) As used in this chapter, “electrified security fence” means any fence, other than an electrified fence as defined in Section 17151 of the Food and Agricultural Code, that meets the following requirements: (1) The electrified security fence is powered by an electrical energize…

The following interests are not subject to expiration or expiration of record pursuant to this title: (a) The interest of a person in possession (including use or occupancy) of real property and the interest of a person under whom a person in possession claims, to the extent the …

(a) The times prescribed in this title for expiration or expiration of record of an interest in real property or for enforcement, for bringing an action, or for doing any other required act are absolute and apply notwithstanding any disability or lack of knowledge of any person o…

An interest in real property, as specified in this title, does not expire or expire of record and is not unenforceable pursuant to this title at the time prescribed in this title if within the time an action is commenced to enforce, establish, clear title to, or otherwise affect …

(a) Except as provided in subdivision (b), any of the following persons that have not been paid in full may give a stop payment notice to the public entity or assert a claim against a payment bond: (1) A person that provides work for a public works contract, if the work is author…

Section Eight Hundred and Thirty. Except where the grant under which the land is held indicates a different intent, the owner of the upland, when it borders on tide water, takes to ordinary high-water mark; when it borders upon a navigable lake or stream, where there is no tide, …

A transfer may be made without writing, in every case in which a writing is not expressly required by statute. (Enacted 1872.)

A grant takes effect, so as to vest the interest intended to be transferred, only upon its delivery by the grantor. (Enacted 1872.)

A grant duly executed is presumed to have been delivered at its date. (Enacted 1872.)

A grant cannot be delivered to the grantee conditionally. Delivery to him, or to his agent as such, is necessarily absolute, and the instrument takes effect thereupon, discharged of any condition on which the delivery was made. (Enacted 1872.)

A grant may be deposited by the grantor with a third person, to be delivered on performance of a condition, and, on delivery by the depositary, it will take effect. While in the possession of the third person, and subject to condition, it is called an escrow. (Enacted 1872.)