Civil Code section 4525 requires an owner of a separate interest to provide specified documents to a prospective purchaser of that interest. These are often termed “escrow disclosures.” Upon written request, a community association must provide copies of specified documents to the owner of the separate or other owner-authorized recipient within 10 days. (Civil Code §4530) The association’s duty to provide lawfully requested documents pursuant to this section is to the owner of the separate interest, and not to the prospective purchaser.
Resignation
The voluntary relinquishment of office by a director, officer, or committee member. The resignation may be effective upon submission of the resignation, or it may specify a later date, upon which date the resignation is effective.
Separate Interest
A separate interest is the generic term used to describe the ownership interest an owner in a CID receives in the space he or she occupies. Civil Code section 4185 states that a separate interest in a condominium project is a separately-owned unit. In a planned development, it is a separately-owned lot, parcel, area, or space. In a stock cooperative, it is the exclusive right to occupy a portion of the real property. In a community apartment project, it is the exclusive right to occupy an apartment.
Standing to Sue
Pursuant to Civil Code section 5980 an association has standing to institute, defend, settle or otherwise intervene in litigation, arbitration, mediation, or administrative proceedings in its own name, without joining its members individually, in matters involving enforcement of the governing documents, damage to the common area, damage to separate interest that the association is obligated to maintain or repair, or damage to separate interest that arises out of or is integrally related to damage to the common area or separate interest the association is obligated to maintain or repair.
Trees
A perennial plant characterized by a woody stem; may be deciduous or evergreen.
Violations
See Enforcement
Reasonable Modification
The term used in disability statutes to refer to the duty of a housing provider to allow modifications to the unit and common areas, at the cost of the disabled applicant, where necessary to afford the disabled resident an equal opportunity to use and enjoy the housing, and common areas and recreational amenities of the association. See also Reasonable Accommodation.
CC&Rs
A recorded document (generically referred to as the “declaration” of “conditions, covenants and restrictions” or “CC&Rs”) setting forth use restrictions governing the common interest development, making membership in the association, and payment of assessments, mandatory. “CC&Rs” may also refer to recorded amendments of the original CC&Rs. For CC&Rs first recorded after January 1, 1996, the declaration has to contain a legal description of the development, a statement identifying the development as one of four types of common interest developments, the name of the association, the use restrictions, and (occasionally) other statutorily-mandated items. Civ. Code §§4250, 4255.