A Public Report (a.k.a. White Report) is a permit issued to a subdivider by the Bureau of Real Estate pursuant to the Subdivided Lands Law and it is required in connection with a subdivider’s sale of a lot or unit in a subdivision to the public. For the purposes of a Public Report, a subdivider may be a developer, a builder or any other person or entity who acquires five (5) or more lots or units in a subdivision with the intention of selling one or more of those lots or units to the public. A Public Report will contain disclosures for review by a prospective purchaser of a lot or unit in that subdivision including the subdivision’s type, assessments, amenities and whether there are any agreements between the subdivider and the association concerning maintenance or subsidies by the subdivider. A Public Report is valid for five (5) years from the date of its issuance.
If an association fails to obtain supermajority approval for an amendment to its CC&Rs, it may petition the court for approval of the amendment pursuant to Civil Code section 4275 (formerly §1356) if it meets a number of requirements, including having received at least majority approval of the amendment pursuant to a vote of the members in accordance with the law and governing documents.
Any of several types of domestic animals. The Davis-Stirling Act defines the term as “any domesticated bird, cat, dog, aquatic animal kept within an aquarium, or other animal as agreed to between the association and the homeowner.” See also, Guide Dogs, Service Animal.
A condominium project is one of the four types of CIDs that are considered common interest developments in Civil Code section 4100. A planned development is defined in Civil Code section 4175 as a common interest development other than a community apartment project, condominium project, or stock cooperative. It also must have either or both of the following characteristics: (1) common area that is owned either by an association or in common by the owners of the separate interests who possess appurtenant rights to the beneficial use and enjoyment of the common area, and/or (2) common area and an association that maintains the common area with the power to levy assessments that may become a lien upon the separate interests. The owners’ separate interests are typically platted lots.
The law is unclear whether a check that states “payment in full” is considered to be binding. Prior to 2002, acceptance of a check with the words “payment in full” did not constitute an accord and satisfaction under California Civil Code section 1526, if the association protested by striking out or otherwise deleting that notation or accepted the check inadvertently or without knowledge of the notation. However, the California appellate case decided in 2002 Woolridge v. J.F.L. Electric, Inc., 96 Cal.App.4th Supp. 52 (2002) (“”Woolridge””), suggests that if you cash such a check, you will not be able to pursue the owner for any remaining balance. Specifically, Woolridge held that the Uniform Commercial Code Section 3311, which says “payment in full” is binding, applies to negotiable instruments (e.g., checks) and overrides the California Civil Code. Consult with your attorney on a case-by-case basis to determine whether cashing the check is worth the risk involved.
A living organism of the kind exemplified by trees, shrubs, herbs, grasses, ferns, and mosses.
A parcel map is a division of land into four or fewer parcels for the purpose of selling, leasing or financing those parcels. It is different from a subdivision map, which is required for a division of land into five or more lots for the purpose of selling, leasing or financing those lots. Both a parcel map and a subdivision map are governed by the Subdivision Map Act, which, in addition to setting forth a number of requirements necessary to obtain a parcel map or a subdivision map, lists certain exceptions as well (such as leases for agricultural, mineral, oil or gas purposes or leases or easements for certain solar or wind-powered electrical generation facilities).
Plumbing includes the pipes, fittings and valves that bring water into a building and removes liquid-borne wastes from the building. The responsibility to maintain, repair and replace the plumbing system servicing the common areas or a specific separate interest will be defined in the governing documents.
Associations generally have the power to regulate parking on their private streets and other common areas. California Vehicle Code section 22658 authorizes associations to tow vehicles parked illegally within the common area, subject to certain restrictions and procedural requirements. Occasionally, the governing documents will grant an association the power to regulate parking on public streets. In such instances, the ability of the association to exercise this power is limited.