§ 2792.8. Governing Instruments for Common Interest Subdivisions.
10 CA ADC § 2792.8Barclays Official California Code of Regulations
10 CCR § 2792.8
§ 2792.8. Governing Instruments for Common Interest Subdivisions.
(a) Governing instruments for the ownership and management of subdivisions enumerated in Section 11004.5 of the Code (common- interest subdivisions) including the Covenants, Conditions and Restrictions (CC&Rs), Articles of Incorporation (Articles) and Bylaws shall ordinarily provide for, but need not be limited to, the following:
(21) Action to be taken and procedures to be followed in the event of condemnation, destruction or extensive damage to the subdivision interests, including provisions respecting the use and disposition of insurance proceeds or damages payable to the Association or to a trustee on behalf of owners on account of condemnation, destruction or damage;
(26) Special provisions authorizing the governing body, subject to compliance with Section 1354 of the Civil Code, to institute, defend, settle or intervene on behalf of the Association in litigation, arbitration, mediation, or administrative proceedings in matters pertaining to (A) enforcement of the governing instruments, (B) damage to the common areas, (C) damage to the separate interests which the Association is obligated to maintain or repair, or (D) damage to the separate interests which arises out of, or is integrally related to, damage to the common areas or separate interests that the association is obligated to maintain or repair.
(b) The Commissioner will ordinarily consider provisions of the governing instruments proposed for a common-interest subdivision to constitute “reasonable arrangements” under Section 11018.5 of the Code if the provisions are in substantial conformance to the applicable standards prescribed in Sections 2792.4, 2792.15 through 2792.21, 2792.23, 2792.24 and 2792.26 through 2792.28 of these Regulations and if they do not otherwise arbitrarily deny, limit or abridge the right of owners with respect to management, maintenance, preservation, operation or control of their subdivision interests.
Credits
Note: Authority cited: Section 11001, Business and Professions Code. Reference: Sections 11004.5, 11018 and 11018.5, Business and Professions Code.
History
1. Amendment of subsections (a)(6), (7) and (20) filed 1-16-79; effective thirtieth day thereafter (Register 79, No. 3). For prior history, see Register 76, No. 3.
2. Amendment of subsection (b) filed 1-17-80; effective thirtieth day thereafter (Register 80, No. 3).
3. Amendment of subsection (a)(20) filed 4-2-86; effective thirtieth day thereafter (Register 86, No. 14).
4. Amendment of subsections (a) and (a)(25), new subsection (a)(26) and amendment of Note filed 12-7-94; operative 1-6-95 (Register 94, No. 49).
5. Amendment of subsection (b) filed 12-30-97; operative 1-29-98 (Register 98, No. 1).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 10, § 2792.8, 10 CA ADC § 2792.8
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