Title CIV — California Civ. Code

In interpreting deeds and condominium plans, the existing physical boundaries of a unit in a condominium project, when the boundaries of the unit are contained within a building, or of a unit reconstructed in substantial accordance with the original plans thereof, shall be conclu…

(a) No declaration or other governing document shall include a restrictive covenant in violation of Section 12955 of the Government Code. (b) Notwithstanding any other provision of law or provision of the governing documents, the board, without approval of the members, shall amen…

(a) Notwithstanding any provision of the governing documents to the contrary, the board may, after the developer has completed construction of the development, has terminated construction activities, and has terminated marketing activities for the sale, lease, or other dispositio…

(a) Notwithstanding any other provision of law or provision of the governing documents, if the governing documents include a reference to a provision of the Davis-Stirling Common Interest Development Act that was repealed and continued in a new provision by the act that added thi…

(a) A declaration, recorded on or after January 1, 1986, shall contain a legal description of the common interest development, and a statement that the common interest development is a community apartment project, condominium project, planned development, stock cooperative, or co…

(a) If a common interest development is located within an airport influence area, a declaration, recorded after January 1, 2004, shall contain the following statement: “NOTICE OF AIRPORT IN VICINITY This property is presently located in the vicinity of an airport, within what is …

Except to the extent that a declaration provides by its express terms that it is not amendable, in whole or in part, a declaration that fails to include provisions permitting its amendment at all times during its existence may be amended at any time.

(a) The Legislature finds that there are common interest developments that have been created with deed restrictions that do not provide a means for the members to extend the term of the declaration. The Legislature further finds that covenants and restrictions contained in the de…

(a) A declaration may be amended pursuant to the declaration or this act. Except where an alternative process for approving, certifying, or recording an amendment is provided in Section 4225, 4230, 4235, or 4275, an amendment is effective after all of the following requirements h…

(a) If in order to amend a declaration, the declaration requires members having more than 50 percent of the votes in the association, in a single class voting structure, or members having more than 50 percent of the votes in more than one class in a voting structure with more tha…

(a) The articles of incorporation of an association filed with the Secretary of State shall include a statement, which shall be in addition to the statement of purposes of the corporation, that does all of the following: (1) Identifies the corporation as an association formed to …

A condominium plan shall contain all of the following: (a) A description or survey map of a condominium project, which shall refer to or show monumentation on the ground. (b) A three-dimensional description of a condominium project, one or more dimensions of which may extend for …

(a) The certificate consenting to the recordation of a condominium plan that is required by subdivision (c) of Section 4285 shall be signed and acknowledged by all of the following persons: (1) The record owner of fee title to that property included in the condominium project. (2…

A condominium plan may be amended or revoked by a recorded instrument that is acknowledged and signed by all the persons who, at the time of amendment or revocation, are persons whose signatures are required under Section 4290.

For the purposes of this article: (a) “Operating rule” means a regulation adopted by the board that applies generally to the management and operation of the common interest development or the conduct of the business and affairs of the association. (b) “Rule change” means the adop…

An operating rule is valid and enforceable only if all of the following requirements are satisfied: (a) The rule is in writing. (b) The rule is within the authority of the board conferred by law or by the declaration, articles of incorporation or association, or bylaws of the ass…

(a) Sections 4360 and 4365 only apply to an operating rule that relates to one or more of the following subjects: (1) Use of the common area or of an exclusive use common area. (2) Use of a separate interest, including any aesthetic or architectural standards that govern alterati…

(a) The board shall provide general notice pursuant to Section 4045 of a proposed rule change at least 28 days before making the rule change. The notice shall include the text of the proposed rule change and a description of the purpose and effect of the proposed rule change. Not…

(a) Members of an association owning 5 percent or more of the separate interests may call a special vote of the members to reverse a rule change. (b) A special vote of the members may be called by delivering a written request to the association. Not less than 35 days nor more tha…

(a) This article applies to a rule change commenced on or after January 1, 2004. (b) Nothing in this article affects the validity of a rule change commenced before January 1, 2004. (c) For the purposes of this section, a rule change is commenced when the board takes its first off…

(a) To the extent of any conflict between the governing documents and the law, the law shall prevail. (b) To the extent of any conflict between the articles of incorporation and the declaration, the declaration shall prevail. (c) To the extent of any conflict between the bylaws a…

Any deed, declaration, or condominium plan for a common interest development shall be liberally construed to facilitate the operation of the common interest development, and its provisions shall be presumed to be independent and severable. Nothing in Article 3 (commencing with Se…

In interpreting deeds and condominium plans, the existing physical boundaries of a unit in a condominium project, when the boundaries of the unit are contained within a building, or of a unit reconstructed in substantial accordance with the original plans thereof, shall be conclu…

(a) No declaration or other governing document shall include a restrictive covenant in violation of Section 12955 of the Government Code. (b) Notwithstanding any other provision of law or provision of the governing documents, the board, without approval of the members, shall amen…

(a) Notwithstanding any provision of the governing documents to the contrary, the board may, after the developer has completed construction of the development, has terminated construction activities, and has terminated marketing activities for the sale, lease, or other dispositio…

(a) Notwithstanding any other law or provision of the governing documents, if the governing documents include a reference to a provision of the Davis-Stirling Common Interest Development Act that was continued in a new provision by the act that added this section, the board may a…

(a) A declaration, recorded on or after January 1, 1986, shall contain a legal description of the common interest development, and a statement that the common interest development is a condominium project, planned development, stock cooperative, or combination thereof. The declar…

Except to the extent that a declaration provides by its express terms that it is not amendable, in whole or in part, a declaration that fails to include provisions permitting its amendment at all times during its existence may be amended at any time.

(a) The Legislature finds that there are common interest developments that have been created with deed restrictions that do not provide a means for the members to extend the term of the declaration. The Legislature further finds that covenants and restrictions, contained in the d…

(a) A declaration may be amended pursuant to the declaration or this act. An amendment is effective after all of the following requirements have been met: (1) The proposed amendment has been delivered by individual notice to all members not less than 15 days and not more than 60 …

(a) The articles of incorporation of an association filed with the Secretary of State shall include a statement, which shall be in addition to the statement of purposes of the corporation, that does all of the following: (1) Identifies the corporation as an association formed to …

A condominium plan shall contain all of the following: (a) A description or survey map of a condominium project, which shall refer to or show monumentation on the ground. (b) A three-dimensional description of a condominium project, one or more dimensions of which may extend for …

(a) The certificate consenting to the recordation of a condominium plan that is required by subdivision (c) of Section 6624 shall be signed and acknowledged by all of the following persons: (1) The record owner of fee title to that property included in the condominium project. (2…

A condominium plan may be amended or revoked by a recorded instrument that is acknowledged and signed by all the persons who, at the time of amendment or revocation, are persons whose signatures are required under Section 6626.

For the purposes of this article, “operating rule” means a regulation adopted by the board that applies generally to the management and operation of the common interest development or the conduct of the business and affairs of the association.

An operating rule is valid and enforceable only if all of the following requirements are satisfied: (a) The rule is in writing. (b) The rule is within the authority of the board conferred by law or by the declaration, articles of incorporation or association, or bylaws of the ass…

As used in this chapter, “mineral right” means an interest in minerals, regardless of character, whether fugacious or nonfugacious, organic or inorganic, that is created by grant or reservation, regardless of form, whether a fee or lesser interest, mineral, royalty, or leasehold,…

(a) This chapter does not apply to a mineral right reserved to the United States (whether in a patent, pursuant to federal law, or otherwise) or to an oil or gas lease, mining claim, or other mineral right of a person entitled pursuant thereto, to the extent provided in Section 8…

Nothing in this chapter limits or affects the common law governing abandonment of a mineral right or any other procedure provided by statute for clearing an abandoned mineral right from title to real property.

(a) As used in this section: (1) “Lessee” includes an assignee or other successor in interest of the lessee. (2) “Lessor” includes a successor in interest or heir or grantee of the lessor. (b) If the term of a mineral right lease has expired or a mineral right lease has been aban…

The owner of real property subject to a mineral right may bring an action to terminate the mineral right pursuant to this article if the mineral right is dormant.

For the purpose of this article, a mineral right is dormant if all of the following conditions are satisfied for a period of 20 years immediately preceding commencement of the action to terminate the mineral right: (a) There is no production of the minerals and no exploration, dr…

(a) An owner of a mineral right may at any time record a notice of intent to preserve the mineral right. (b) In lieu of the statement of the character of the interest claimed and the record location of the documents creating or evidencing the mineral rights claimed as otherwise r…

(a) An action to terminate a mineral right pursuant to this article shall be brought in the superior court of the county in which the real property subject to the mineral right is located. (b) The action shall be brought in the same manner and shall be subject to the same procedu…

In an action to terminate a mineral right pursuant to this article, the court shall permit the owner of the mineral right to record a late notice of intent to preserve the mineral right as a condition of dismissal of the action, upon payment into court for the benefit of the owne…

A mineral right terminated pursuant to this article is unenforceable and is deemed to have expired. A court order terminating a mineral right pursuant to this article is equivalent for all purposes to a conveyance of the mineral right to the owner of the real property.

Subject to Section 880.370 (grace period for recording notice), this article applies to all mineral rights, whether executed or recorded before, on, or after January 1, 1985.