Stock Cooperative

A condominium project is one of the four types of CIDs that are considered common interest developments in Civil Code section 4100. Under Civil Code section 4190, a stock cooperative is a CID in which an association holds or a leasehold interest in or title to improved real property, and the shareholders in the corporation receive an exclusive right to occupy a portion of the property. The owner’s interest is considered an interest in a common interest development. However lenders often consider that an owner’s interest is not an interest in real property that would entitle an owner to obtain a loan and give a mortgage or deed of trust to secure the loan.

Security Cameras

These devices can be used to help discourage crime and identify perpetrators. An association should only use cameras in portions of the common area where residents have no reasonable expectation of privacy. Prior to installing security cameras, an association should adopt a comprehensive policy regarding the use of the equipment to prevent claims of improper use and minimize potential liability. Signage should be clearly posted by each camera. The association should notify residents on a periodic basis that these devices cannot guarantee their safety, and that they should also take reasonable safety precautions.

Suspension of Rights

When, after a hearing and consistent with the governing documents, the board deprives an owner of membership rights and privileges, including the right to vote, use the recreational facilities, and/or run or serve on the board of directors, when the owner is in violation of the governing documents or delinquent in the payment of assessments.

 

Secretary of State Filings

Check the Secretary of State’s website to verify the mailing address for the association. Amendments to Statements are not eligible for electronic filing at this time with the Secretary of State; an amendment must be filed either by mail or at the public counter in Sacramento. Statement of Information, P.O. Box 944230, Sacramento, CA 94244-2300. Visit the Secretary of State’s FAQ regarding annual and biennial requirements for a business entity. If you mail anything to the Secretary of State, be sure to mail it certified mail, return receipt for tracking purposes.

Swimming Pools

Swimming pools often serve as a focal point for community activities, gatherings and board meetings. Pools are subject to a myriad of state regulations and potentially federal regulations. Statutory requirements for signage, fencing, equipment and access can change on a yearly basis. Contact your association’s legal counsel before making any major decisions regarding your swimming pools.

Senior Housing

Any of three types of housing recognized by state and federal law as “housing for older persons.” Generally such housing includes (a) housing occupied exclusively by persons 62 years of age or older, (b) “55+” housing (wherein some persons under the age of 55 are required to be permitted to reside under California law), and (c) housing for seniors constructed using governmental monies.

Smoking

Smoke that drifts from one area of association property to another is a nuisance. This includes tobacco smoke, marijuana smoke, BBQ smoke, etc. Associations have a duty to enforce nuisance violations and should require the violating person to abate the nuisance. Developments in both case and statutory law support an association prohibiting or restricting smoking in common areas, exclusive use areas and even inside units.

Service Animal

A term used to distinguish between a pet and an animal which provides a necessary service to a disabled person. A “service animal” is an individually trained animal, per the 2011 ADA regulations. California law also recognizes “emotional support animals” as service animals, under circumstances wherein the use of such animals by persons with emotional or mental disabilities is necessary to afford an equal opportunity to use and enjoy housing.