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Civil Code - CIV - CIV § 5915
Civil Code - CIV - CIV § 5915
(a) This section applies to an association that does not otherwise provide a fair, reasonable, and expeditious dispute resolution procedure. The procedure provided in this section is fair, reasonable, and expeditious within the meaning of this article. (b) Either party to a dispu
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Civil Code - CIV - CIV § 5920
Civil Code - CIV - CIV § 5920
The annual policy statement prepared pursuant to Section 5310 shall include a description of the internal dispute resolution process provided pursuant to this article.
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Civil Code - CIV - CIV § 5925
Civil Code - CIV - CIV § 5925
As used in this article: (a) “Alternative dispute resolution” means mediation, arbitration, conciliation, or other nonjudicial procedure that involves a neutral party in the decisionmaking process. The form of alternative dispute resolution chosen pursuant to this article may be
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Civil Code - CIV - CIV § 5930
Civil Code - CIV - CIV § 5930
(a) An association or a member may not file an enforcement action in the superior court unless the parties have endeavored to submit their dispute to alternative dispute resolution pursuant to this article. (b) This section applies only to an enforcement action that is solely for
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Civil Code - CIV - CIV § 5935
Civil Code - CIV - CIV § 5935
(a) Any party to a dispute may initiate the process required by Section 5930 by serving on all other parties to the dispute a Request for Resolution. The Request for Resolution shall include all of the following: (1) A brief description of the dispute between the parties. (2) A r
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Civil Code - CIV - CIV § 5940
Civil Code - CIV - CIV § 5940
(a) If the party on whom a Request for Resolution is served accepts the request, the parties shall complete the alternative dispute resolution within 90 days after the party initiating the request receives the acceptance, unless this period is extended by written stipulation sign
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Civil Code - CIV - CIV § 5945
Civil Code - CIV - CIV § 5945
If a Request for Resolution is served before the end of the applicable time limitation for commencing an enforcement action, the time limitation is tolled during the following periods: (a) The period provided in Section 5935 for response to a Request for Resolution. (b) If the Re
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Civil Code - CIV - CIV § 5950
Civil Code - CIV - CIV § 5950
(a) At the time of commencement of an enforcement action, the party commencing the action shall file with the initial pleading a certificate stating that one or more of the following conditions are satisfied: (1) Alternative dispute resolution has been completed in compliance wit
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Civil Code - CIV - CIV § 5955
Civil Code - CIV - CIV § 5955
(a) After an enforcement action is commenced, on written stipulation of the parties, the matter may be referred to alternative dispute resolution. The referred action is stayed. During the stay, the action is not subject to the rules implementing subdivision (c) of Section 68603
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Civil Code - CIV - CIV § 5960
Civil Code - CIV - CIV § 5960
In an enforcement action in which attorney’s fees and costs may be awarded, the court, in determining the amount of the award, may consider whether a party’s refusal to participate in alternative dispute resolution before commencement of the action was reasonable.
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Civil Code - CIV - CIV § 5965
Civil Code - CIV - CIV § 5965
(a) An association shall annually provide its members a summary of the provisions of this article that specifically references this article. The summary shall include the following language: “Failure of a member of the association to comply with the alternative dispute resolution
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Civil Code - CIV - CIV § 5975
Civil Code - CIV - CIV § 5975
(a) The covenants and restrictions in the declaration shall be enforceable equitable servitudes, unless unreasonable, and shall inure to the benefit of and bind all owners of separate interests in the development. Unless the declaration states otherwise, these servitudes may be e
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Civil Code - CIV - CIV § 5980
Civil Code - CIV - CIV § 5980
An association has standing to institute, defend, settle, or intervene in litigation, arbitration, mediation, or administrative proceedings in its own name as the real party in interest and without joining with it the members, in matters pertaining to the following: (a) Enforceme
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Civil Code - CIV - CIV § 5985
Civil Code - CIV - CIV § 5985
(a) In an action maintained by an association pursuant to subdivision (b), (c), or (d) of Section 5980, the amount of damages recovered by the association shall be reduced by the amount of damages allocated to the association or its managing agents in direct proportion to their p
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Civil Code - CIV - CIV § 5986
Civil Code - CIV - CIV § 5986
(a) Subject to compliance with Section 6150, which requires the board to provide notice of a meeting with the members to discuss, among other things, problems that may lead to the filing of a civil action, before the board files a civil action against a declarant or other develop
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Civil Code - CIV - CIV § 6
Civil Code - CIV - CIV § 6
No action or proceeding commenced before this Code takes effect, and no right accrued, is affected by its provisions.
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Civil Code - CIV - CIV § 6100
Civil Code - CIV - CIV § 6100
(a) As soon as is reasonably practicable after the association and the builder have entered into a settlement agreement or the matter has otherwise been resolved regarding alleged defects in the common areas, alleged defects in the separate interests that the association is oblig
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Civil Code - CIV - CIV § 6150
Civil Code - CIV - CIV § 6150
(a) Not later than 30 days before filing of any civil action by the association against the declarant or other developer of a common interest development for alleged damage to the common areas, alleged damage to the separate interests that the association is obligated to maintain
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Civil Code - CIV - CIV § 6500
Civil Code - CIV - CIV § 6500
This part shall be known, and may be cited, as the Commercial and Industrial Common Interest Development Act. In a provision of this part, the part may be referred to as the act.
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Civil Code - CIV - CIV § 6502
Civil Code - CIV - CIV § 6502
Division, part, title, chapter, article, and section headings do not in any manner affect the scope, meaning, or intent of this act.
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Civil Code - CIV - CIV § 6505
Civil Code - CIV - CIV § 6505
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 interest developments at the time that the document was prepared or the action
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Civil Code - CIV - CIV § 6510
Civil Code - CIV - CIV § 6510
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 interest development.
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Civil Code - CIV - CIV § 6512
Civil Code - CIV - CIV § 6512
(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 to receive documents on behalf of the association, in a written notice delivered by the association to members by individual delivery.
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Civil Code - CIV - CIV § 6514
Civil Code - CIV - CIV § 6514
(a) If a provision of this act requires that an association deliver a document by “individual delivery” or “individual notice,” the document shall be delivered by one of the following methods: (1) First-class mail, postage prepaid, registered or certified mail, express mail, or o
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Civil Code - CIV - CIV § 6518
Civil Code - CIV - CIV § 6518
(a) This section governs the delivery of a document pursuant to this act. (b) If a document is delivered by mail, delivery is deemed to be complete on deposit into the United States mail. (c) If a document is delivered by electronic means, delivery is complete at the time of tran