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Civil Code - CIV - CIV § 657
Civil Code - CIV - CIV § 657
Property is either: l. Real or immovable; or, 2. Personal or movable.
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Civil Code - CIV - CIV § 658
Civil Code - CIV - CIV § 658
Real or immovable property consists of: l. Land; 2. That which is affixed to land; 3. That which is incidental or appurtenant to land; 4. That which is immovable by law; except that for the purposes of sale, emblements, industrial growing crops and things attached to or forming p
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Civil Code - CIV - CIV § 6580
Civil Code - CIV - CIV § 6580
Subject to Section 6582, 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, provided all of the following are recorded: (a) A declaratio
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Civil Code - CIV - CIV § 6582
Civil Code - CIV - CIV § 6582
(a) This act applies only to a commercial or industrial common interest development. (b) Nothing in this act may be construed to apply to a real property development that does not contain common area. This subdivision is declaratory of existing law.
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Civil Code - CIV - CIV § 659
Civil Code - CIV - CIV § 659
Land is the material of the earth, whatever may be the ingredients of which it is composed, whether soil, rock, or other substance, and includes free or occupied space for an indefinite distance upwards as well as downwards, subject to limitations upon the use of airspace imposed
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Civil Code - CIV - CIV § 660
Civil Code - CIV - CIV § 660
A thing is deemed to be affixed to land when it is attached to it by roots, as in the case of trees, vines, or shrubs; or imbedded in it, as in the case of walls; or permanently resting upon it, as in the case of buildings; or permanently attached to what is thus permanent, as by
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Civil Code - CIV - CIV § 6600
Civil Code - CIV - CIV § 6600
(a) To the extent of any conflict between the governing documents and the law, the law shall prevail. (b) To the extent of any conflict between the articles of incorporation and the declaration, the declaration shall prevail. (c) To the extent of any conflict between the bylaws a
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Civil Code - CIV - CIV § 6602
Civil Code - CIV - CIV § 6602
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 presumed to be independent and severable. Nothing in Article 3 (commencing with Se
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Civil Code - CIV - CIV § 6604
Civil Code - CIV - CIV § 6604
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 reconstructed in substantial accordance with the original plans thereof, shall be conclu
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Civil Code - CIV - CIV § 6606
Civil Code - CIV - CIV § 6606
(a) No declaration or other governing document shall include a restrictive covenant in violation of Section 12955 of the Government Code. (b) Notwithstanding any other provision of law or provision of the governing documents, the board, without approval of the members, shall amen
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Civil Code - CIV - CIV § 6608
Civil Code - CIV - CIV § 6608
(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, and has terminated marketing activities for the sale, lease, or other dispositio
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Civil Code - CIV - CIV § 6610
Civil Code - CIV - CIV § 6610
(a) Notwithstanding any other law or provision of the governing documents, if the governing documents include a reference to a provision of the Davis-Stirling Common Interest Development Act that was continued in a new provision by the act that added this section, the board may a
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Civil Code - CIV - CIV § 6614
Civil Code - CIV - CIV § 6614
(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 condominium project, planned development, stock cooperative, or combination thereof. The declar
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Civil Code - CIV - CIV § 6616
Civil Code - CIV - CIV § 6616
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 times during its existence may be amended at any time.
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Civil Code - CIV - CIV § 6618
Civil Code - CIV - CIV § 6618
(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. The Legislature further finds that covenants and restrictions, contained in the d
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Civil Code - CIV - CIV § 662
Civil Code - CIV - CIV § 662
A thing is deemed to be incidental or appurtenant to land when it is by right used with the land for its benefit, as in the case of a way, or watercourse, or of a passage for light, air, or heat from or across the land of another.
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Civil Code - CIV - CIV § 6620
Civil Code - CIV - CIV § 6620
(a) A declaration may be amended pursuant to the declaration or this act. An amendment is effective after all of the following requirements have been met: (1) The proposed amendment has been delivered by individual notice to all members not less than 15 days and not more than 60
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Civil Code - CIV - CIV § 6622
Civil Code - CIV - CIV § 6622
(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 all of the following: (1) Identifies the corporation as an association formed to
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Civil Code - CIV - CIV § 6624
Civil Code - CIV - CIV § 6624
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. (b) A three-dimensional description of a condominium project, one or more dimensions of which may extend for
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Civil Code - CIV - CIV § 6626
Civil Code - CIV - CIV § 6626
(a) The certificate consenting to the recordation of a condominium plan that is required by subdivision (c) of Section 6624 shall be signed and acknowledged by all of the following persons: (1) The record owner of fee title to that property included in the condominium project. (2
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Civil Code - CIV - CIV § 6628
Civil Code - CIV - CIV § 6628
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 required under Section 6626.
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Civil Code - CIV - CIV § 663
Civil Code - CIV - CIV § 663
Every kind of property that is not real is personal.
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Civil Code - CIV - CIV § 6630
Civil Code - CIV - CIV § 6630
For the purposes of this article, “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 of the business and affairs of the association.
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Civil Code - CIV - CIV § 6632
Civil Code - CIV - CIV § 6632
An operating rule is valid and enforceable only if all of the following requirements are satisfied: (a) The rule is in writing. (b) The rule is within the authority of the board conferred by law or by the declaration, articles of incorporation or association, or bylaws of the ass
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Civil Code - CIV - CIV § 6650
Civil Code - CIV - CIV § 6650
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 tenants in common, in equal shares, one for each separate interest.