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DAVIS-STIRLING
ACT
Civil Code
§1357.120. Applicability and Limitations
(a) Sections 1357.130 and
1357.140 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 alteration of a separate interest. (3) Member discipline, including any schedule of monetary penalties for
violation of the governing documents and any procedure for the imposition of
penalties. (4) Any standards for delinquent assessment payment plans. (5) Any procedures adopted by the association for resolution of assessment
disputes. (6) Any procedures for
reviewing and approving or disapproving a proposed physical change to a
member's separate interest or to the common area.
(7) Procedures
for elections.
(b) Sections
1357.130 and
1357.140 do not apply to the following actions by
the board of directors of an association:
(1) A decision regarding maintenance of the common area. (2) A decision on a
specific matter that is not intended to apply generally.
(3) A decision setting the amount of a regular or special assessment. (4) A rule change that is required by law, if the board of directors has no
discretion as to the substantive effect of the rule change. (5) Issuance of a document that merely repeats existing law or the governing
documents.
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Updated 6/30/2008 |