California

Civil Code

4,109 sections, each with the official text and a plain-English explanation of what it means for you.

• § 3486 — (a) To abate the nuisance caused by illegal conduct involving a controlled substance purpose on real property, the city prosecutor or city attorney may file, in the name of the people, an action for u
• § 3490 — No lapse of time can legalize a public nuisance, amounting to an actual obstruction of public right.
• § 3491 — The remedies against a public nuisance are: 1.
• § 3492 — The remedy by indictment or information is regulated by the Penal Code.
• § 3493 — A private person may maintain an action for a public nuisance, if it is specially injurious to himself, but not otherwise.
• § 3494 — A public nuisance may be abated by any public body or officer authorized thereto by law.
• § 3494.5 — (a) (1) A property owner who voluntarily participates in a lead paint abatement program, and all public entities, shall be immune from liability in any lawsuit where a responsible party seeks to recov
• § 3495 — Any person may abate a public nuisance which is specially injurious to him by removing, or, if necessary, destroying the thing which constitutes the same, without committing a breach of the peace, or
• § 3496 — In any of the following described cases, the court may award costs, including the costs of investigation and discovery, and reasonable attorney’s fees, which are not compensated for pursuant to some o
• § 3501 — The remedies against a private nuisance are: 1.
• § 3502 — A person injured by a private nuisance may abate it by removing, or, if necessary, destroying the thing which constitutes the nuisance, without committing a breach of the peace, or doing unnecessary i
• § 3503 — Where a private nuisance results from a mere omission of the wrongdoer, and cannot be abated without entering upon his land, reasonable notice must be given to him before entering to abate it.
• § 3504 — As used in this title: (a) “Animal” means any amphibian, bird, mammal or reptile.
• § 3505 — (a) The exhibition of any motion picture, if any intentional killing of, or cruelty to, a human being or an animal is shown in the motion picture and such intentional killing of, or cruelty to, a huma
• § 3506 — Whenever there is reasonable cause to believe that a nuisance as defined in this title is kept, maintained or is in existence in any county, the district attorney or the Attorney General, in the name
• § 3507 — Whenever an action is initiated under this title to abate an alleged nuisance, an adversary trial on the merits shall be held pursuant to Section 3507.
• § 3507.1 — In actions brought under this title, the motion picture shall be admissible into evidence.
• § 3507.2 — Actions brought under this title shall be brought as promptly as possible.
• § 3507.3 — Any violation or disobedience of an injunction or order expressly provided for by this title is punishable as a contempt of court by a fine of not less than two hundred dollars ($200) nor more than on
• § 3507.4 — The distributor who furnished a motion picture to a person who is made a defendant in an action under this title, and the producer of a motion picture which is the subject of this title shall be joint
• § 3508 — (a) This title shall not apply to any of the following: (1) The exhibition of any motion picture, such as a newsreel or documentary, involving acts of killing or cruelty which were not intentionally c
• § 3508.1 — Any producer who willfully misstates or causes to be misstated any fact contained in a statement under paragraph (6) or (7) of Section 3508 is guilty of a misdemeanor.
• § 3508.2 — If any provision of this title or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this title which can be g
• § 3509 — The maxims of jurisprudence hereinafter set forth are intended not to qualify any of the foregoing provisions of this code, but to aid in their just application.
• § 3510 — When the reason of a rule ceases, so should the rule itself.
• § 3511 — Where the reason is the same, the rule should be the same.
• § 3512 — One shall not change their purpose to the injury of another.
• § 3513 — Any one may waive the advantage of a law intended solely for their benefit.
• § 3514 — One must so use his own rights as not to infringe upon the rights of another.
• § 3515 — A person who consents to an act is not wronged by it.
• § 3516 — Acquiescence in error takes away the right of objecting to it.
• § 3517 — No one can take advantage of their own wrong.
• § 3518 — A person who has fraudulently dispossessed themselves of a thing may be treated as if they still had possession.
• § 3519 — A person who can and does not forbid that which is done on their behalf, is deemed to have bidden it.
• § 3520 — No one should suffer by the act of another.
• § 3521 — A person who takes the benefit must bear the burden.
• § 3522 — One who grants a thing is presumed to grant also whatever is essential to its use.
• § 3523 — For every wrong there is a remedy.
• § 3524 — Between those who are equally in the right, or equally in the wrong, the law does not interpose.
• § 3525 — Between rights otherwise equal, the earliest is preferred.
• § 3526 — No person is responsible for that which no person can control.
• § 3527 — The law helps the vigilant, before those who sleep on their rights.
• § 3528 — The law respects form less than substance.
• § 3529 — That which ought to have been done is to be regarded as done, in favor of a person to whom, and against a person from whom, performance is due.
• § 3530 — That which does not appear to exist is to be regarded as if it did not exist.
• § 3531 — The law never requires impossibilities.
• § 3532 — The law neither does nor requires idle acts.
• § 3533 — The law disregards trifles.
• § 3534 — Particular expressions qualify those which are general.
• § 3535 — Contemporaneous exposition is in general the best.
• § 3536 — The greater contains the less.
• § 3537 — Superfluity does not vitiate.
• § 3538 — That is certain which can be made certain.
• § 3539 — Time does not confirm a void act.
• § 3540 — The incident follows the principal, and not the principal the incident.
• § 3541 — An interpretation which gives effect is preferred to one which makes void.
• § 3542 — Interpretation must be reasonable.
• § 3543 — Where one of two innocent persons must suffer by the act of a third, the person, by whose negligence it happened, must be the sufferer.
• § 3545 — Private transactions are fair and regular.
• § 3546 — Things happen according to the ordinary course of nature and the ordinary habits of life.
• § 3547 — A thing continues to exist as long as is usual with things of that nature.
• § 3548 — The law has been obeyed.
• § 38 — A person entirely without understanding has no power to make a contract of any kind, but the person is liable for the reasonable value of things furnished to the person necessary for the support of th
• § 39 — (a) A conveyance or other contract of a person of unsound mind, but not entirely without understanding, made before the incapacity of the person has been judicially determined, is subject to rescissio
• § 4 — The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this Code.
• § 40 — (a) Subject to Section 1871 of the Probate Code, and subject to Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code, after his or her incapacity has been judiciall
• § 4000 — This part shall be known and may be cited as the Davis-Stirling Common Interest Development Act.
• § 4005 — Division, part, title, chapter, article, and section headings do not in any manner affect the scope, meaning, or intent of this act.
• § 4010 — Nothing in the act that added this part shall be construed to invalidate a document prepared or action taken before January 1, 2014, if the document or action was proper under the law governing common
• § 4020 — Unless a contrary intent is clearly expressed, a local zoning ordinance is construed to treat like structures, lots, parcels, areas, or spaces in like manner regardless of the form of the common inter
• § 4035 — (a) If a provision of this act requires that a document be delivered to an association, the document shall be delivered to the person designated in the annual policy statement, prepared pursuant to Se
• § 4040 — (a) (1) If a provision of this act requires an association to deliver a document by “individual delivery” or “individual notice,” the association shall deliver that document in accordance with the pre
• § 4041 — (a) A member shall, on an annual basis, provide written notice to the association of all of the following: (1) The member’s preferred delivery method for receiving notices from the association, which
• § 4045 — (a) If a provision of this act requires “general delivery” or “general notice,” the document shall be provided by one or more of the following methods: (1) Any method provided for delivery of an indiv
• § 4050 — (a) This section governs the delivery of a document pursuant to this act.
• § 4055 — If the association or a member receives information by electronic delivery pursuant to Section 4040, and a provision of this act requires that the information be in writing, that requirement is satisf
• § 4065 — If a provision of this act requires that an action be approved by a majority of all members, the action shall be approved or ratified by an affirmative vote of a majority of the votes entitled to be c
• § 4070 — If a provision of this act requires that an action be approved by a majority of a quorum of the members, the action shall be approved or ratified by an affirmative vote of a majority of the votes repr
• § 4075 — The definitions in this article govern the construction of this act.
• § 4076 — “Annual budget report” means the report described in Section 5300.
• § 4078 — “Annual policy statement” means the statement described in Section 5310.
• § 4080 — “Association” means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development.
• § 4085 — “Board” means the board of directors of the association.
• § 4090 — “Board meeting” means either of the following: (a) A congregation, at the same time and place, of a sufficient number of directors to establish a quorum of the board, to hear, discuss, or deliberate u
• § 4095 — (a) “Common area” means the entire common interest development except the separate interests therein.
• § 41 — A person of unsound mind, of whatever degree, is civilly liable for a wrong done by the person, but is not liable in exemplary damages unless at the time of the act the person was capable of knowing t
• § 4100 — “Common interest development” means any of the following: (a) A community apartment project.
• § 4105 — “Community apartment project” means a development in which an undivided interest in land is coupled with the right of exclusive occupancy of any apartment located thereon.
• § 4110 — (a) “Community service organization or similar entity” means a nonprofit entity, other than an association, that is organized to provide services to residents of the common interest development or to
• § 4120 — “Condominium plan” means a plan described in Section 4285.
• § 4125 — (a) A “condominium project” means a real property development consisting of condominiums.
• § 4130 — “Declarant” means the person or group of persons designated in the declaration as declarant, or if no declarant is designated, the person or group of persons who sign the original declaration or who s
• § 4135 — “Declaration” means the document, however denominated, that contains the information required by Sections 4250 and 4255.
• § 4140 — “Director” means a natural person who serves on the board.
• § 4145 — (a) “Exclusive use common area” means a portion of the common area designated by the declaration for the exclusive use of one or more, but fewer than all, of the owners of the separate interests and w
• § 4148 — “General notice” means the delivery of a document pursuant to Section 4045.
• § 4150 — “Governing documents” means the declaration and any other documents, such as bylaws, operating rules, articles of incorporation, or articles of association, which govern the operation of the common in
• § 4153 — “Individual notice” means the delivery of a document pursuant to Section 4040.
• § 4155 — “Item of business” means any action within the authority of the board, except those actions that the board has validly delegated to any other person or persons, managing agent, officer of the associat
• § 4158 — (a) A “managing agent” is a person who, for compensation or in expectation of compensation, exercises control over the assets of a common interest development.
• § 4160 — “Member” means an owner of a separate interest.
• § 4170 — “Person” means a natural person, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, association, or other entity.
• § 4175 — “Planned development” means a real property development other than a community apartment project, a condominium project, or a stock cooperative, having either or both of the following features: (a) Co
• § 4177 — “Reserve accounts” means both of the following: (a) Moneys that the board has identified for use to defray the future repair or replacement of, or additions to, those major components that the associa
• § 4178 — “Reserve account requirements” means the estimated funds that the board has determined are required to be available at a specified point in time to repair, replace, or restore those major components t
• § 4185 — (a) “Separate interest” has the following meanings: (1) In a community apartment project, “separate interest” means the exclusive right to occupy an apartment, as specified in Section 4105.
• § 4190 — (a) “Stock cooperative” means a development in which a corporation is formed or availed of, primarily for the purpose of holding title to, either in fee simple or for a term of years, improved real pr
• § 4200 — This act applies and a common interest development is created whenever a separate interest coupled with an interest in the common area or membership in the association is, or has been, conveyed, provi
• § 4201 — Nothing in this act may be construed to apply to a real property development that does not contain common area.
• § 4202 — This part does not apply to a commercial or industrial common interest development, as defined in Section 6531.
• § 4205 — (a) To the extent of any conflict between the governing documents and the law, the law shall prevail.
• § 4210 — In order to facilitate the collection of regular assessments, special assessments, transfer fees as authorized by Sections 4530, 4575, and 4580, and similar charges, the board is authorized to record
• § 4215 — 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 pr
• § 4220 — 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 reconstr
• § 4225 — (a) No declaration or other governing document shall include a restrictive covenant in violation of Section 12955 of the Government Code.
• § 4230 — (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,
• § 4235 — (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
• § 4250 — (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 apart
• § 4255 — (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 T
• § 4260 — 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 time
• § 4265 — (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.
• § 4270 — (a) A declaration may be amended pursuant to the declaration or this act.
• § 4275 — (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
• § 4280 — (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 a
• § 4285 — 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.
• § 4290 — (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 re
• § 4295 — 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 r
• § 43 — Besides the personal rights mentioned or recognized in the Government Code, every person has, subject to the qualifications and restrictions provided by law, the right of protection from bodily restra
• § 43.1 — A child conceived, but not yet born, is deemed an existing person, so far as necessary for the child’s interests in the event of the child’s subsequent birth.
• § 43.100 — (a) There shall not be any civil liability on the part of, and no cause of action shall accrue against, a person for property damage or trespass to a motor vehicle, if the damage was caused while the
• § 43.101 — (a) An emergency responder shall not be liable for any damage to an unmanned aircraft or unmanned aircraft system, if that damage was caused while the emergency responder was providing, and the unmann
• § 43.102 — There shall not be any civil liability on the part of, and no cause of action shall accrue against, a person for property damage or trespass to a motor vehicle, if the damage was caused while the pers
• § 43.3 — Notwithstanding any other provision of law, a mother may breastfeed her child in any location, public or private, except the private home or residence of another, where the mother and the child are ot
• § 43.4 — A fraudulent promise to marry or to cohabit after marriage does not give rise to a cause of action for damages.
• § 43.5 — No cause of action arises for: (a) Alienation of affection.
• § 43.54 — (a) A person shall not be subject to civil arrest in a courthouse while attending a court proceeding or having legal business in the courthouse.
• § 43.55 — (a) There shall be no liability on the part of, and no cause of action shall arise against, any peace officer who makes an arrest pursuant to a warrant of arrest regular upon its face if the peace off
• § 43.56 — No cause of action arises against a foster parent for alienation of affection of a foster child.
• § 43.6 — (a) No cause of action arises against a parent of a child based upon the claim that the child should not have been conceived or, if conceived, should not have been allowed to have been born alive.
• § 43.7 — (a) There shall be no monetary liability on the part of, and no cause of action for damages shall arise against, any member of a duly appointed mental health professional quality assurance committee t
• § 43.8 — (a) In addition to the privilege afforded by Section 47, there shall be no monetary liability on the part of, and no cause of action for damages shall arise against, any person on account of the commu
• § 43.9 — (a) There shall be no liability on the part of, and no cause of action shall accrue against, any health care provider for professional negligence on account of the receipt by such provider of an unsol
• § 43.91 — (a) There shall be no monetary liability on the part of, and no cause of action shall arise against, any member of a duly appointed committee of a professional society which comprises a substantial pe
• § 43.92 — (a) There shall be no monetary liability on the part of, and no cause of action shall arise against, any person who is a psychotherapist as defined in Section 1010 of the Evidence Code in failing to p
• § 43.93 — (a) For the purposes of this section the following definitions are applicable: (1) “Psychotherapy” means the professional treatment, assessment, or counseling of a mental or emotional illness, symptom
• § 43.95 — (a) There shall be no monetary liability on the part of, and no cause of action for damages shall arise against, any professional society or any nonprofit corporation authorized by a professional soci
• § 43.96 — (a) Any medical or podiatric society, health facility licensed or certified under Division 2 (commencing with Section 1200) of the Health and Safety Code, state agency as defined in Section 11000 of t
• § 43.97 — There shall be no monetary liability on the part of, and no cause of action for damages, other than economic or pecuniary damages, shall arise against, a hospital for any action taken upon the recomme
• § 43.98 — (a) There shall be no monetary liability on the part of, and no cause of action shall arise against, any consultant on account of any communication by that consultant to the Director of the Department
• § 43.99 — (a) There shall be no monetary liability on the part of, and no cause of action for damages shall arise against, any person or other legal entity that is under contract with an applicant for a residen
• § 4340 — 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
• § 4350 — An operating rule is valid and enforceable only if all of the following requirements are satisfied: (a) The rule is in writing.
• § 4355 — (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.
• § 4360 — (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.
• § 4365 — (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.
• § 4370 — (a) This article applies to a rule change commenced on or after January 1, 2004.
• § 44 — Defamation is effected by either of the following: (a) Libel.
• § 45 — Libel is a false and unprivileged publication by writing, printing, picture, effigy, or other fixed representation to the eye, which exposes any person to hatred, contempt, ridicule, or obloquy, or wh
• § 4500 — Unless the declaration otherwise provides, in a condominium project, or in a planned development in which the common area is owned by the owners of the separate interests, the common area is owned as
• § 4505 — Unless the declaration otherwise provides: (a) In a community apartment project and condominium project, and in those planned developments with common area owned in common by the owners of the separat
• § 4510 — Except as otherwise provided in law, an order of the court, or an order pursuant to a final and binding arbitration decision, an association may not deny a member or occupant physical access to the me
• § 4515 — (a) It is the intent of the Legislature to ensure that members and residents of common interest developments have the ability to exercise their rights under law to peacefully assemble and freely commu
• § 4525 — (a) The owner of a separate interest shall provide the following documents to a prospective purchaser of the separate interest, as soon as practicable before the transfer of title or the execution of
• § 4528 — The form for billing disclosures required by Section 4530 shall be in at least 10-point type and substantially the following form: CHARGES FOR DOCUMENTS PROVIDED AS REQUIRED BY SECTION 4525* The selle
• § 4530 — (a) (1) Upon written request, the association shall, within 10 days of the mailing or delivery of the request, provide the owner of a separate interest, or any other recipient authorized by the owner,
• § 4535 — In addition to the requirements of this article, an owner transferring title to a separate interest shall comply with applicable requirements of Sections 1133 and 1134.
• § 4540 — Any person who willfully violates this article is liable to the purchaser of a separate interest that is subject to this section for actual damages occasioned thereby and, in addition, shall pay a civ
• § 4545 — Nothing in this article affects the validity of title to real property transferred in violation of this article.
• § 4575 — Except as provided in Section 4580, neither an association nor a community service organization or similar entity may impose or collect any assessment, penalty, or fee in connection with a transfer of
• § 4580 — The prohibition in Section 4575 does not apply to a community service organization or similar entity, or to a nonprofit entity that provides services to a common interest development under a declarati
• § 45a — A libel which is defamatory of the plaintiff without the necessity of explanatory matter, such as an inducement, innuendo or other extrinsic fact, is said to be a libel on its face.
• § 46 — Slander is a false and unprivileged publication, orally uttered, and also communications by radio or any mechanical or other means which: 1.
• § 4600 — (a) Unless the governing documents specify a different percentage, the affirmative vote of members owning at least 67 percent of the separate interests in the common interest development shall be requ
• § 4605 — (a) A member of an association may bring a civil action for declaratory or equitable relief for a violation of Section 4600 by the association, including, but not limited to, injunctive relief, restit
• § 4610 — (a) Except as provided in this section, the common area in a condominium project shall remain undivided, and there shall be no judicial partition thereof.
• § 4615 — (a) In a common interest development, no labor performed or services or materials furnished with the consent of, or at the request of, an owner in the common interest development or the owners’ agent
• § 4620 — If the association is served with a claim of lien pursuant to Part 6 (commencing with Section 8000) for a work of improvement on a common area, the association shall, within 60 days of service, give i
• § 4625 — In a community apartment project, any conveyance, judicial sale, or other voluntary or involuntary transfer of the separate interest includes the undivided interest in the community apartment project.
• § 4630 — In a condominium project the common area is not subject to partition, except as provided in Section 4610.
• § 4635 — In a planned development, any conveyance, judicial sale, or other voluntary or involuntary transfer of the separate interest includes the undivided interest in the common area, if any exists.
• § 4640 — In a stock cooperative, any conveyance, judicial sale, or other voluntary or involuntary transfer of the separate interest includes the ownership interest in the corporation, however evidenced.
• § 4645 — Nothing in this article prohibits the transfer of exclusive use areas, independent of any other interest in a common interest subdivision, if authorization to separately transfer exclusive use areas i
• § 4650 — Any restrictions upon the severability of the component interests in real property which are contained in the declaration shall not be deemed conditions repugnant to the interest created within the me
• § 47 — A privileged publication or broadcast is one made: (a) In the proper discharge of an official duty.
• § 47.1 — (a) A communication made by an individual, without malice, regarding an incident of sexual assault, harassment, or discrimination is privileged under Section 47.
• § 47.5 — Notwithstanding Section 47, a peace officer may bring an action for defamation against an individual who has filed a complaint with that officer’s employing agency alleging misconduct, criminal conduc
• § 4700 — This article includes provisions that limit the authority of an association or the governing documents to regulate the use of a member’s separate interest.
• § 4705 — (a) Except as required for the protection of the public health or safety, no governing document shall limit or prohibit, or be construed to limit or prohibit, the display of the flag of the United Sta
• § 4706 — (a) Except as restricted in Section 1940.
• § 4710 — (a) The governing documents may not prohibit posting or displaying of noncommercial signs, posters, flags, or banners on or in a member’s separate interest, except as required for the protection of pu
• § 4715 — (a) No governing documents shall prohibit the owner of a separate interest within a common interest development from keeping at least one pet within the common interest development, subject to reasona
• § 4720 — (a) No association may require a homeowner to install or repair a roof in a manner that is in violation of Section 13132.
• § 4725 — (a) Any covenant, condition, or restriction contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of, or any interest in, a common interest developme
• § 4730 — (a) Any provision of a governing document that arbitrarily or unreasonably restricts an owner’s ability to market the owner’s interest in a common interest development is void.
• § 4735 — (a) Notwithstanding any other law, a provision of the governing documents or architectural or landscaping guidelines or policies shall be void and unenforceable if it does any of the following: (1) Pr
• § 4736 — (a) A provision of the governing documents shall be void and unenforceable if it requires pressure washing the exterior of a separate interest and any exclusive use common area appurtenant to the sepa
• § 4739 — (a) Notwithstanding Section 4740, an owner of a separate interest in a common interest development shall not be subject to a provision in a governing document, or amendments thereto, that prohibits th
• § 4740 — (a) An owner of a separate interest in a common interest development shall not be subject to a provision in a governing document or an amendment to a governing document that prohibits the rental or le
• § 4741 — (a) An owner of a separate interest in a common interest development shall not be subject to a provision in a governing document or an amendment to a governing document that prohibits, has the effect
• § 4745 — (a) Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in a common interest development, a