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	<title>Sacramento Condo Talk</title>
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	<link>http://blog.sacramentocondos.com</link>
	<description>SacramentoCondos.com Official Blog</description>
	<lastBuildDate>Wed, 28 Mar 2012 19:55:22 +0000</lastBuildDate>
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		<title>Rental Restrictions Limits Under The Davis-Stirling Act</title>
		<link>http://blog.sacramentocondos.com/2012/03/28/rental-restrictions-limits-under-the-davis-stirling-act/</link>
		<comments>http://blog.sacramentocondos.com/2012/03/28/rental-restrictions-limits-under-the-davis-stirling-act/#comments</comments>
		<pubDate>Wed, 28 Mar 2012 19:55:22 +0000</pubDate>
		<dc:creator>bslaton</dc:creator>
				<category><![CDATA[Condominiums As Investments]]></category>
		<category><![CDATA[Davis Stirling Act]]></category>
		<category><![CDATA[california condos]]></category>
		<category><![CDATA[condo rental caps]]></category>
		<category><![CDATA[condo rental restrictions]]></category>
		<category><![CDATA[davis-stirling act]]></category>
		<category><![CDATA[sacramento condos]]></category>

		<guid isPermaLink="false">http://blog.sacramentocondos.com/?p=187</guid>
		<description><![CDATA[Civil Code §1360.2. Rent Restrictions. (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 leasing of any of the separate interests in that common interest development to a renter, [...]]]></description>
			<content:encoded><![CDATA[<p><strong>Civil Code §1360.2. Rent Restrictions.</strong></p>
<p>(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 leasing of any of the separate interests in that common interest development to a renter, lessee, or tenant unless that governing document, or amendment thereto, was effective prior to the date the owner acquired title to his or her separate interest.</p>
<p>(b) Notwithstanding the provisions of this section, an owner of a separate interest in a common interest development may expressly consent to be subject to a governing document or an amendment to a governing document that prohibits the rental or leasing of any of the separate interests in the common interest development to a renter, lessee, or tenant.</p>
<p>(c) For purposes of this section, the right to rent or lease the separate interest of an owner shall not be deemed to have terminated if the transfer by the owner of all or part of the separate interest meets at least one of the following conditions:</p>
<blockquote><p>(1) Pursuant to Section 62 or 480.3 of the Revenue and Taxation Code, the transfer is exempt, for purposes of reassessment by the county tax assessor.</p>
<p>(2) Pursuant to subdivision (b) of, solely with respect to probate transfers, or subdivision (e), (f), or (g) of, Section 1102.2, the transfer is exempt from the requirements to prepare and deliver a Real Estate Transfer Disclosure Statement, as set forth in Section 1102.6.</p></blockquote>
<p>(d) Prior to renting or leasing his or her separate interest as provided by this section, an owner shall provide the association verification of the date the owner acquired title to the separate interest and the name and contact information of the prospective tenant or the prospective tenant&#8217;s representative.</p>
<p>(e) Nothing in this section shall be deemed to revise, alter, or otherwise affect the voting process by which a common interest development adopts or amends its governing documents.</p>
<p>(f) This section shall apply only to a provision in a governing document or a provision in an amendment to a governing document that becomes effective on or after January 1, 2012.</p>
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		</item>
		<item>
		<title>How Does Davis-Stirling Act Limit Foreclosures By HOA?</title>
		<link>http://blog.sacramentocondos.com/2012/03/28/how-does-davis-stirling-act-limit-foreclosures-by-hoa/</link>
		<comments>http://blog.sacramentocondos.com/2012/03/28/how-does-davis-stirling-act-limit-foreclosures-by-hoa/#comments</comments>
		<pubDate>Wed, 28 Mar 2012 19:52:02 +0000</pubDate>
		<dc:creator>bslaton</dc:creator>
				<category><![CDATA[Davis Stirling Act]]></category>
		<category><![CDATA[Foreclosure]]></category>
		<category><![CDATA[Homeowners Associations]]></category>
		<category><![CDATA[california condos]]></category>
		<category><![CDATA[davis-stirling act]]></category>
		<category><![CDATA[sacramento condos]]></category>

		<guid isPermaLink="false">http://blog.sacramentocondos.com/?p=185</guid>
		<description><![CDATA[Civil Code §1367.4. Limitations on Foreclosure. (a) Notwithstanding any law or any provisions of the governing documents to the contrary, this section shall apply to debts for assessments that arise on and after January 1, 2006. (b) An association that seeks to collect delinquent regular or special assessments of an amount less than one thousand eight hundred [...]]]></description>
			<content:encoded><![CDATA[<p><strong>Civil Code §1367.4. Limitations on Foreclosure.</strong></p>
<p>(a) Notwithstanding any law or any provisions of the governing documents to the contrary, this section shall apply to debts for assessments that arise on and after January 1, 2006.</p>
<p>(b) An association that seeks to collect delinquent regular or special assessments of an amount less than one thousand eight hundred dollars ($1,800), not including any accelerated assessments, late charges, fees and costs of collection, attorney&#8217;s fees, or interest, may not collect that debt through judicial or nonjudicial foreclosure, but may attempt to collect or secure that debt in any of the following ways:</p>
<blockquote><p>(1) By a civil action in small claims court, pursuant to Chapter 5.5 (commencing with Section 116.110) of Title 1 of the Code of Civil Procedure. An association that chooses to proceed by an action in small claims court, and prevails, may enforce the judgment as permitted under Article 8 (commencing with Section 116.810) of Title 1 of the Code of Civil Procedure. The amount that may be recovered in small claims court to collect upon a debt for delinquent assessments may not exceed the jurisdictional limits of the small claims court and shall be the sum of the following:</p>
<blockquote><p>(A) The amount owed as of the date of filing the complaint in the small claims court proceeding.</p>
<p>(B) In the discretion of the court, an additional amount to that described in subparagraph (A) equal to the amount owed for the period from the date the complaint is filed until satisfaction of the judgment, which total amount may include accruing unpaid assessments and any reasonable late charges, fees and costs of collection, attorney&#8217;s fees, and interest, up to the jurisdictional limits of the small claims court.</p></blockquote>
<p>(2) By recording a lien on the owner&#8217;s separate interest upon which the association may not foreclose until the amount of the delinquent assessments secured by the lien, exclusive of any accelerated assessments, late charges, fees and costs of collection, attorney&#8217;s fees, or interest, equals or exceeds one thousand eight hundred dollars ($1,800) or the assessments are more than 12 months delinquent. An association that chooses to record a lien under these provisions, prior to recording the lien, shall offer the owner and, if so requested by the owner, participate in dispute resolution as set forth in Article 5 (commencing with Section 1368.810) of Chapter 4.</p>
<p>(3) Any other manner provided by law, except for judicial or nonjudicial foreclosure.</p></blockquote>
<p>(c) An association that seeks to collect delinquent regular or special assessments of an amount of one thousand eight hundred dollars ($1,800) or more, not including any accelerated assessments, late charges, fees and costs of collection, attorney&#8217;s fees, or interest, or any assessments that are more than 12 months delinquent, may use judicial or nonjudicial foreclosure subject to the following conditions:</p>
<blockquote><p>(1) Prior to initiating a foreclosure on an owner&#8217;s separate interest, the association shall offer the owner and, if so requested by the owner, participate in dispute resolution pursuant to the association&#8217;s &#8220;meet and confer&#8221; program required in Article 5 (commencing with Section 1363.810) of Chapter 4 or alternative dispute resolution as set forth in Article 2 (commencing with Section 1369.510) of Chapter 7. The decision to pursue dispute resolution or a particular type of alternative dispute resolution shall be the choice of the owner, except that binding arbitration shall not be available if the association intends to initiate a judicial foreclosure.</p>
<p>(2) The decision to initiate foreclosure of a lien for delinquent assessments that has been validly recorded shall be made only by the board of directors of the association and may not be delegated to an agent of the association. The board shall approve the decision by a majority vote of the board members in an executive session. The board shall record the vote in the minutes of the next meeting of the board open to all members. The board shall maintain the confidentiality of the owner or owners of the separate interest by identifying the matter in the minutes by the parcel number of the property, rather than the name of the owner or owners. A board vote to approve foreclosure of a lien shall take place at least 30 days prior to any public sale.</p>
<p>(3) The board shall provide notice by personal service to an owner of a separate interest who occupies the separate interest or to the owner&#8217;s legal representative, if the board votes to foreclose upon the separate interest. The board shall provide written notice to an owner of a separate interest who does not occupy the separate interest by first-class mail, postage prepaid, at the most current address shown on the books of the association. In the absence of written notification by the owner to the association, the address of the owner&#8217;s separate interest may be treated as the owner&#8217;s mailing address.</p>
<p>(4) A nonjudicial foreclosure by an association to collect upon a debt for delinquent assessments shall be subject to a right of redemption. The redemption period within which the separate interest may be redeemed from a foreclosure sale under this paragraph ends 90 days after the sale.</p></blockquote>
<p>(d) The limitation on foreclosure of assessment liens for amounts under the stated minimum in this section does not apply to assessments owed by owners of separate interests in timeshare estates, as defined in subdivision (x) of Section 11112 of the Business and Professions Code, or to assessments owed by developers.</p>
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		</item>
		<item>
		<title>Whats Disclosures Are Required Of The Seller Under Davis-Sterling Act?</title>
		<link>http://blog.sacramentocondos.com/2012/03/28/whats-disclosures-are-required-of-the-seller-under-davis-sterling-act/</link>
		<comments>http://blog.sacramentocondos.com/2012/03/28/whats-disclosures-are-required-of-the-seller-under-davis-sterling-act/#comments</comments>
		<pubDate>Wed, 28 Mar 2012 19:49:52 +0000</pubDate>
		<dc:creator>bslaton</dc:creator>
				<category><![CDATA[Condo Lawsuits/Issues]]></category>
		<category><![CDATA[Condo Sellers]]></category>
		<category><![CDATA[Davis Stirling Act]]></category>
		<category><![CDATA[Disclosures]]></category>
		<category><![CDATA[california condos]]></category>
		<category><![CDATA[davis-stirling act]]></category>
		<category><![CDATA[disclosures]]></category>
		<category><![CDATA[sacramento condos]]></category>

		<guid isPermaLink="false">http://blog.sacramentocondos.com/?p=183</guid>
		<description><![CDATA[Civil Code §1368. Disclosure Requirements of Seller. (a) The owner of a separate interest, other than an owner subject to the requirements of Section 11018.6 of the Business and Professions Code, shall, as soon as practicable before transfer of title to the separate interest or execution of a real property sales contract therefor, as defined in [...]]]></description>
			<content:encoded><![CDATA[<p><strong>Civil Code §1368. Disclosure Requirements of Seller.</strong></p>
<p>(a) The owner of a separate interest, other than an owner subject to the requirements of Section 11018.6 of the Business and Professions Code, shall, as soon as practicable before transfer of title to the separate interest or execution of a real property sales contract therefor, as defined in Section 2985, provide the following to the prospective purchaser:</p>
<blockquote><p>(1) A copy of the governing documents of the common interest development, including any operating rules, and including a copy of the association&#8217;s articles of incorporation, or, if not incorporated, a statement in writing from an authorized representative of the association that the association is not incorporated.</p>
<p>(2) If there is a restriction in the governing documents limiting the occupancy, residency, or use of a separate interest on the basis of age in a manner different from that provided in Section 51.3, a statement that the restriction is only enforceable to the extent permitted by Section 51.3 and a statement specifying the applicable provisions of Section 51.3.</p>
<p>(3) A copy of the most recent documents distributed pursuant to Section 1365.</p>
<p>(4) A true statement in writing obtained from an authorized representative of the association as to the amount of the association&#8217; s current regular and special assessments and fees, any assessments levied upon the owner&#8217;s interest in the common interest development that are unpaid on the date of the statement, and any monetary fines or penalties levied upon the owner&#8217;s interest and unpaid on the date of the statement. The statement obtained from an authorized representative shall also include true information on late charges, interest, and costs of collection which, as of the date of the statement, are or may be made a lien upon the owner&#8217;s interest in a common interest development pursuant to Section 1367 or 1367.1.</p>
<p>(5) A copy or a summary of any notice previously sent to the owner pursuant to subdivision (h) of Section 1363 that sets forth any alleged violation of the governing documents that remains unresolved at the time of the request. The notice shall not be deemed a waiver of the association&#8217;s right to enforce the governing documents against the owner or the prospective purchaser of the separate interest with respect to any violation. This paragraph shall not be construed to require an association to inspect an owner&#8217;s separate interest.</p>
<p>(6) A copy of the initial list of defects provided to each member of the association pursuant to Section 1375, unless the association and the builder subsequently enter into a settlement agreement or otherwise resolve the matter and the association complies with Section 1375.1. Disclosure of the initial list of defects pursuant to this paragraph does not waive any privilege attached to the document. The initial list of defects shall also include a statement that a final determination as to whether the list of defects is accurate and complete has not been made.</p>
<p>(7) A copy of the latest information provided for in Section 1375.1.</p>
<p>(8) Any change in the association&#8217;s current regular and special assessments and fees which have been approved by the association&#8217;s board of directors, but have not become due and payable as of the date disclosure is provided pursuant to this subdivision.</p>
<p>(9) If there is a provision in the governing documents that prohibits the rental or leasing of any of the separate interests in the common interest development to a renter, lessee, or tenant, a statement describing the prohibition and its applicability.</p>
<p>(10) If requested by the prospective purchaser, a copy of the minutes of the meetings, excluding meetings held in executive session, of the association&#8217;s board of directors, conducted over the previous 12 months, that were approved by the association&#8217;s board of directors.</p></blockquote>
<p>(b)</p>
<blockquote><p>(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, with a copy of the requested documents specified in paragraphs (1) to (10), inclusive, of subdivision (a). Upon receipt of a written request, the association shall provide, on the form described in Section 1368.2, a written or electronic estimate of the fees that will be assessed for providing the requested documents. The documents required to be made available pursuant to this section may be maintained in electronic form, and may be posted on the association&#8217;s Internet Web site. Requesting parties shall have the option of receiving the documents by electronic transmission if the association maintains the documents in electronic form. The association may collect a reasonable fee based upon the association&#8217;s actual cost for the procurement, preparation, reproduction, and delivery of the documents requested pursuant to the provisions of this section.</p>
<p>(2) No additional fees may be charged by the association for the electronic delivery of the documents requested.</p>
<p>(3) Fees for any documents required by this section shall be distinguished from other fees, fines, or assessments billed as part of the transfer or sales transaction. Delivery of the documents required by this section shall not be withheld for any reason nor subject to any condition except the payment of the fee allowed pursuant to paragraph (1).</p>
<p>(4) An association may contract with any person or entity to facilitate compliance with the requirements of this subdivision on behalf of the association.</p>
<p>(5) The association shall also provide a recipient authorized by the owner of a separate interest with a copy of the completed form specified in Section 1368.2 at the time the required documents are delivered.</p></blockquote>
<p>(c)</p>
<blockquote><p>(1) Except as provided in paragraph (2), 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 title or any other interest except for the following:</p>
<blockquote><p>(A) An amount not to exceed the association&#8217;s actual costs to change its records.</p>
<p>(B) An amount authorized by subdivision (b).</p></blockquote>
</blockquote>
<blockquote><p>(2) The prohibition in paragraph (1) 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 declaration of trust, that is described in subparagraph (A) or (B):</p>
<blockquote><p>(A) The community service organization or similar entity satisfies both of the following requirements:</p>
<blockquote><p>(i) The community service organization or similar entity was established prior to February 20, 2003.</p>
<p>(ii) The community service organization or similar entity exists and operates, in whole or in part, to fund or perform environmental mitigation or to restore or maintain wetlands or native habitat, as required by the state or local government as an express written condition of development.</p></blockquote>
<p>(B) The community service organization or similar entity, or a nonprofit entity that provides services to a common interest development under a declaration of trust, satisfies all of the following requirements:</p>
<blockquote><p>(i) The organization or entity is not an organization or entity described in subparagraph (A).</p>
<p>(ii) The organization or entity was established and received a transfer fee prior to January 1, 2004.</p>
<p>(iii) On and after January 1, 2006, the organization or entity offers a purchaser the following payment options for the fee or charge it collects at time of transfer:</p>
<blockquote><p>(I) Paying the fee or charge at the time of transfer.</p>
<p>(II) Paying the fee or charge pursuant to an installment payment plan for a period of not less than seven years. If the purchaser elects to pay the fee or charge in installment payments, the organization or entity may also collect additional amounts that do not exceed the actual costs for billing and financing on the amount owed. If the purchaser sells the separate interest before the end of the installment payment plan period, he or she shall pay the remaining balance prior to transfer.</p></blockquote>
</blockquote>
</blockquote>
<p>(3) For the purposes of this subdivision, a &#8220;community service organization or similar entity&#8221; means a nonprofit entity, other than an association, that is organized to provide services to residents of the common interest development or to the public in addition to the residents, to the extent community common areas or facilities are available to the public. A &#8220;community service organization or similar entity&#8221; does not include an entity that has been organized solely to raise moneys and contribute to other nonprofit organizations that are qualified as tax exempt under Section 501(c)(3) of the Internal Revenue Code and that provide housing or housing assistance.</p></blockquote>
<p>(d) Any person or entity who willfully violates this section 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 civil penalty in an amount not to exceed five hundred dollars ($500). In an action to enforce this liability, the prevailing party shall be awarded reasonable attorneys&#8217; fees.</p>
<p>(e) Nothing in this section affects the validity of title to real property transferred in violation of this section.</p>
<p>(f) In addition to the requirements of this section, an owner transferring title to a separate interest shall comply with applicable requirements of Sections 1133 and 1134.</p>
<p>(g) For the purposes of this section, a person who acts as a community association manager is an agent, as defined in Section 2297, of the association.</p>
<div></div>
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		<item>
		<title>Davis-Stirling Act Civil Code 1353.5:  American Flag</title>
		<link>http://blog.sacramentocondos.com/2012/03/28/davis-stirling-act-civil-code-1353-5-american-flag/</link>
		<comments>http://blog.sacramentocondos.com/2012/03/28/davis-stirling-act-civil-code-1353-5-american-flag/#comments</comments>
		<pubDate>Wed, 28 Mar 2012 19:46:17 +0000</pubDate>
		<dc:creator>bslaton</dc:creator>
				<category><![CDATA[Davis Stirling Act]]></category>
		<category><![CDATA[american flag]]></category>
		<category><![CDATA[california condos]]></category>
		<category><![CDATA[davis-stirling act]]></category>
		<category><![CDATA[laws governing condominiums]]></category>
		<category><![CDATA[sacramento condos]]></category>

		<guid isPermaLink="false">http://blog.sacramentocondos.com/?p=181</guid>
		<description><![CDATA[Civil Code §1353.5. Right to Display American Flag. (a) Except as required for the protection of the public health or safety, no declaration or other governing document shall limit or prohibit, or be construed to limit or prohibit, the display of the flag of the United States by an owner on or in the owner&#8217;s [...]]]></description>
			<content:encoded><![CDATA[<p><strong>Civil Code §1353.5. Right to Display American Flag.</strong></p>
<p>(a) Except as required for the protection of the public health or safety, no declaration or other governing document shall limit or prohibit, or be construed to limit or prohibit, the display of the flag of the United States by an owner on or in the owner&#8217;s separate interest or within the owner&#8217;s exclusive use common area, as defined in <a href="http://www.davis-stirling.com/LinkClick.aspx?link=811&amp;tabid=853">Section 1351</a>.</p>
<p>(b) For purposes of this section, &#8220;display of the flag of the United States&#8221; means a flag of the United States made of fabric, cloth, or paper displayed from a staff or pole or in a window, and does not mean a depiction or emblem of the flag of the United States made of lights, paint, roofing, siding, paving materials, flora, or balloons, or any other similar building, landscaping, or decorative component.</p>
<p>(c) In any action to enforce this section, the prevailing party shall be awarded reasonable attorneys&#8217; fees and costs.</p>
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		</item>
		<item>
		<title>Davis-Stirling Act Civil Code 1353:  Contents of Declarationn</title>
		<link>http://blog.sacramentocondos.com/2012/03/28/davis-stirling-act-civil-code-1353-contents-of-declarationn/</link>
		<comments>http://blog.sacramentocondos.com/2012/03/28/davis-stirling-act-civil-code-1353-contents-of-declarationn/#comments</comments>
		<pubDate>Wed, 28 Mar 2012 19:44:24 +0000</pubDate>
		<dc:creator>bslaton</dc:creator>
				<category><![CDATA[Davis Stirling Act]]></category>
		<category><![CDATA[california condos]]></category>
		<category><![CDATA[davis-stirling act]]></category>
		<category><![CDATA[laws governing condominiums]]></category>
		<category><![CDATA[sacramento condos]]></category>

		<guid isPermaLink="false">http://blog.sacramentocondos.com/?p=178</guid>
		<description><![CDATA[Civil Code §1353. Contents of Declaration. (a) (1) 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 apartment project, condominium project, planned development, stock cooperative, or combination thereof. The declaration shall additionally set forth the name [...]]]></description>
			<content:encoded><![CDATA[<p><strong>Civil Code §1353. Contents of Declaration.</strong></p>
<p>(a)</p>
<blockquote><p>(1) 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 apartment project, condominium project, planned development, stock cooperative, or combination thereof. The declaration shall additionally set forth the name of the association and the restrictions on the use or enjoyment of any portion of the common interest development that are intended to be enforceable equitable servitudes. If the property is located within an airport influence area, a declaration, recorded after January 1, 2004, shall contain the following statement:</p>
<blockquote><p>NOTICE OF AIRPORT IN VICINITY</p>
<p>This property is presently located in the vicinity of an airport, within what is known as an airport influence area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to  airport operations (for example: noise, vibration, or odors). Individual sensitivities to those annoyances can vary from person to person. You may wish to consider what airport  annoyances, if any, are associated with the property before you complete your purchase and determine whether they are  acceptable to you.</p></blockquote>
<p>(2) For purposes of this section, an &#8220;airport influence area,&#8221; also known as an &#8220;airport referral area,&#8221; is the area in which current or future airport-related noise, overflight, safety, or airspace protection factors may significantly affect land uses or necessitate restrictions on those uses as determined by an airport land use commission.</p>
<p>(3) The statement in a declaration acknowledging that a property is located in an airport influence area does not constitute a title defect, lien, or encumbrance.</p></blockquote>
<p>(b) The declaration may contain any other matters the original signator of the declaration or the owners consider appropriate.</p>
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		<item>
		<title>Davis-Stirling Act  Civil Code 1352.5.  Discrimination</title>
		<link>http://blog.sacramentocondos.com/2012/03/28/davis-stirling-act-civil-code-1352-5-discrimination/</link>
		<comments>http://blog.sacramentocondos.com/2012/03/28/davis-stirling-act-civil-code-1352-5-discrimination/#comments</comments>
		<pubDate>Wed, 28 Mar 2012 19:42:19 +0000</pubDate>
		<dc:creator>bslaton</dc:creator>
				<category><![CDATA[Davis Stirling Act]]></category>
		<category><![CDATA[CA Civil Code 1352.5]]></category>
		<category><![CDATA[california condos]]></category>
		<category><![CDATA[davis-stirling act]]></category>
		<category><![CDATA[sacramento condos]]></category>

		<guid isPermaLink="false">http://blog.sacramentocondos.com/?p=176</guid>
		<description><![CDATA[Civil Code §1352.5. Board Authority to Delete Discriminatory Covenants. (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 of directors of an association, without approval of the owners, shall [...]]]></description>
			<content:encoded><![CDATA[<p><strong>Civil Code §1352.5. Board Authority to Delete Discriminatory Covenants.</strong></p>
<p>(a) No declaration or other governing document shall include a restrictive covenant in violation of Section 12955 of the Government Code.</p>
<p>(b) Notwithstanding any other provision of law or provision of the governing documents, the board of directors of an association, without approval of the owners, shall amend any declaration or other governing document that includes a restrictive covenant prohibited by this section to delete the restrictive covenant, and shall restate the declaration or other governing document without the restrictive covenant but with no other change to the declaration or governing document.</p>
<p>(c) If after providing written notice to an association requesting that the association delete a restrictive covenant that violates subdivision (a), and the association fails to delete the restrictive covenant within 30 days of receiving the notice, the Department of Fair Employment and Housing, a city or county in which a common interest development is located, or any person may bring an action against the association for injunctive relief to enforce subdivision (a). The court may award attorney&#8217;s fees to the prevailing party.</p>
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		<title>Davis-Stirling Act Civil Code 1352 Who Does It Apply To?</title>
		<link>http://blog.sacramentocondos.com/2012/03/28/davis-stirling-act-civil-code-1352-who-does-it-apply-to/</link>
		<comments>http://blog.sacramentocondos.com/2012/03/28/davis-stirling-act-civil-code-1352-who-does-it-apply-to/#comments</comments>
		<pubDate>Wed, 28 Mar 2012 19:39:48 +0000</pubDate>
		<dc:creator>bslaton</dc:creator>
				<category><![CDATA[Davis Stirling Act]]></category>
		<category><![CDATA[ca civil code 1352]]></category>
		<category><![CDATA[california condos]]></category>
		<category><![CDATA[davis-stirling act]]></category>
		<category><![CDATA[laws governing condominiums]]></category>
		<category><![CDATA[sacramentos condos]]></category>

		<guid isPermaLink="false">http://blog.sacramentocondos.com/?p=174</guid>
		<description><![CDATA[Civil Code §1352. Creation of Common Interest Development and Applicability of this Act. This title 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 declaration. (b) A [...]]]></description>
			<content:encoded><![CDATA[<p><strong>Civil Code §1352. Creation of Common Interest Development and Applicability of this Act.</strong></p>
<p>This title 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:</p>
<p>(a) A declaration.</p>
<p>(b) A condominium plan, if any exists.</p>
<p>(c) A final map or parcel map, if Division 2 (commencing with Section 66410) of Title 7 of the Government Code requires the recording of either a final map or parcel map for the common interest development.</p>
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		<title>Davis -Stirling Act Definitions Civil Code 1351</title>
		<link>http://blog.sacramentocondos.com/2012/03/28/davis-stirling-act-definitions-civil-code-1351/</link>
		<comments>http://blog.sacramentocondos.com/2012/03/28/davis-stirling-act-definitions-civil-code-1351/#comments</comments>
		<pubDate>Wed, 28 Mar 2012 19:37:05 +0000</pubDate>
		<dc:creator>bslaton</dc:creator>
				<category><![CDATA[Davis Stirling Act]]></category>
		<category><![CDATA[california condos]]></category>
		<category><![CDATA[davis-stirling act]]></category>
		<category><![CDATA[laws governing condominiums]]></category>
		<category><![CDATA[sacramento condos]]></category>

		<guid isPermaLink="false">http://blog.sacramentocondos.com/?p=171</guid>
		<description><![CDATA[Civil Code §1351. Defined Terms. As used in this title, the following terms have the following meanings: (a) &#8220;Association&#8221; means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development. (b) &#8220;Common area&#8221; means the entire common interest development except the separate interests therein. The estate in the common area [...]]]></description>
			<content:encoded><![CDATA[<p><strong>Civil Code §1351. Defined Terms.</strong><strong></strong></p>
<p>As used in this title, the following terms have the following meanings:</p>
<p>(a) &#8220;<strong>Association</strong>&#8221; means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development.</p>
<p>(b) &#8220;<strong>Common area</strong>&#8221; means the entire common interest development except the separate interests therein. The estate in the common area may be a fee, a life estate, an estate for years, or any combination of the foregoing. However, the common area for a planned development specified in paragraph (2) of subdivision (k) may consist of mutual or reciprocal easement rights appurtenant to the separate interests.</p>
<p>(c) &#8220;<strong>Common interest development</strong>&#8221; means any of the following:</p>
<blockquote><p>   (1)  A community apartment project.<br />
(2)  A condominium project.<br />
(3)  A planned development.<br />
(4)  A stock cooperative.</p></blockquote>
<p>(d) &#8220;<strong>Community apartment project</strong>&#8221; means a development in which an undivided interest in land is coupled with the right of exclusive occupancy of any apartment located thereon.</p>
<p>(e) &#8220;<strong>Condominium plan</strong>&#8221; means a plan consisting of</p>
<blockquote><p>(1) a description or survey map of a condominium project, which shall refer to or show monumentation on the ground,</p>
<p>(2) a three-dimensional description of a condominium project, one or more dimensions of which may extend for an indefinite distance upwards or downwards, in sufficient detail to identify the common areas and each separate interest, and</p>
<p>(3) a certificate consenting to the recordation of the condominium plan pursuant to this title signed and acknowledged by the following:</p></blockquote>
<blockquote>
<blockquote><p>(A) The record owner of fee title to that property included in the condominium project.</p>
<p>(B) In the case of a condominium project which will terminate upon the termination of an estate for years, the certificate shall be signed and acknowledged by all lessors and lessees of the estate for years.</p>
<p>(C) In the case of a condominium project subject to a life estate, the certificate shall be signed and acknowledged by all life tenants and remainder interests.</p>
<p>(D) The certificate shall also be signed and acknowledged by either the trustee or the beneficiary of each recorded deed of trust, and the mortgagee of each recorded mortgage encumbering the property.</p></blockquote>
</blockquote>
<p>Owners of mineral rights, easements, rights-of-way, and other nonpossessory interests do not need to sign the condominium plan. Further, in the event a conversion to condominiums of a community apartment project or stock cooperative has been approved by the required number of owners, trustees, beneficiaries, and mortgagees pursuant to Section 66452.10 of the Government<strong> Code</strong>, the certificate need only be signed by those owners, trustees, beneficiaries, and mortgagees approving the conversion. A condominium plan may be amended or revoked by a subsequently acknowledged recorded instrument executed by all the persons whose signatures would be required pursuant to this subdivision.</p>
<p>(f) A &#8220;<strong>condominium project</strong>&#8221; means a development consisting of condominiums. A condominium consists of an undivided interest in common in a portion of real property coupled with a separate interest in space called a unit, the boundaries of which are described on a recorded final map, parcel map, or condominium plan in sufficient detail to locate all boundaries thereof. The area within these boundaries may be filled with air, earth, or water, or any combination thereof, and need not be physically attached to land except by easements for access and, if necessary, support. The description of the unit may refer to</p>
<blockquote><p>(1) boundaries described in the recorded final map, parcel map, or condominium plan,</p>
<p>(2) physical boundaries, either in existence, or to be constructed, such as walls, floors, and ceilings of a structure or any portion thereof,</p>
<p>(3) an entire structure containing one or more units, or</p>
<p>(4) any combination thereof.</p></blockquote>
<p>The portion or portions of the real property held in undivided interest may be all of the real property, except for the separate interests, or may include a particular three-dimensional portion thereof, the boundaries of which are described on a recorded final map, parcel map, or condominium plan. The area within these boundaries may be filled with air, earth, or water, or any combination thereof, and need not be physically attached to land except by easements for access and, if necessary, support. An individual condominium within a condominium project may include, in addition, a separate interest in other portions of the real property.</p>
<p>(g) &#8220;<strong>Declarant</strong>&#8221; 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 succeed to special rights, preferences, or privileges designated in the declaration as belonging to the signator of the original declaration.</p>
<p>(h) &#8220;<strong>Declaration</strong>&#8221; means the document, however denominated, which contains the information required by Section 1353.</p>
<p>(i) &#8220;<strong>Exclusive use common area</strong>&#8221; means a portion of the common areas designated by the declaration for the exclusive use of one or more, but fewer than all, of the owners of the separate interests and which is or will be appurtenant to the separate interest or interests.</p>
<blockquote><p>(1) Unless the declaration otherwise provides, any shutters, awnings, window boxes, doorsteps, stoops, porches, balconies, patios, exterior doors, doorframes, and hardware incident thereto, screens and windows or other fixtures designed to serve a single separate interest, but located outside the boundaries of the separate interest, are exclusive use common areas allocated exclusively to that separate interest.</p>
<p>(2) Notwithstanding the provisions of the declaration, internal and external telephone wiring designed to serve a single separate interest, but located outside the boundaries of the separate interest, are exclusive use common areas allocated exclusively to that separate interest.</p></blockquote>
<p>(j) &#8220;<strong>Governing documents</strong>&#8221; means the declaration and any other documents, such as bylaws, operating rules of the association, articles of incorporation, or articles of association, which govern the operation of the common interest development or association.</p>
<p>(k) &#8220;<strong>Planned development</strong>&#8221; means a development (other than a community apartment project, a condominium project, or a stock cooperative) having either or both of the following features:</p>
<blockquote><p>(1) The common area is owned either by an association or in common by the owners of the separate interests who possess appurtenant rights to the beneficial use and enjoyment of the common area.</p>
<p>(2) A power exists in the association to enforce an obligation of an owner of a separate interest with respect to the beneficial use and enjoyment of the common area by means of an assessment which may become a lien upon the separate interests in accordance with Section 1367 or 1367.1.</p></blockquote>
<p>(l) &#8220;<strong>Separate interest</strong>&#8221; has the following meanings:</p>
<blockquote><p>(1) In a community apartment project, &#8220;separate interest&#8221; means the exclusive right to occupy an apartment, as specified in subdivision (d).</p>
<p>(2) In a condominium project, &#8220;separate interest&#8221; means an individual unit, as specified in subdivision (f).</p>
<p>(3) In a planned development, &#8220;separate interest&#8221; means a separately owned lot, parcel, area, or space.</p>
<p>(4) In a stock cooperative, &#8220;separate interest&#8221; means the exclusive right to occupy a portion of the real property, as specified in subdivision (m).</p></blockquote>
<p>Unless the declaration or condominium plan, if any exists, otherwise provides, if walls, floors, or ceilings are designated as boundaries of a separate interest, the interior surfaces of the perimeter walls, floors, ceilings, windows, doors, and outlets located within the separate interest are part of the separate interest and any other portions of the walls, floors, or ceilings are part of the common areas. The estate in a separate interest may be a fee, a life estate, an estate for years, or any combination of the foregoing.</p>
<p>(m) &#8220;<strong>Stock cooperative</strong>&#8221; 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 property, and all or substantially all of the shareholders of the corporation receive a right of exclusive occupancy in a portion of the real property, title to which is held by the corporation. The owners&#8217; interest in the corporation, whether evidenced by a share of stock, a certificate of membership, or otherwise, shall be deemed to be an interest in a common interest development and a real estate development for purposes of subdivision (f) of Section 25100 of the Corporations Code. A &#8220;stock cooperative&#8221; includes a limited equity housing cooperative which is a stock cooperative that meets the criteria of Section 817.</p>
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		<title>Whats Laws Govern Condominiums In California?</title>
		<link>http://blog.sacramentocondos.com/2012/03/28/whats-laws-govern-condominiums-in-california/</link>
		<comments>http://blog.sacramentocondos.com/2012/03/28/whats-laws-govern-condominiums-in-california/#comments</comments>
		<pubDate>Wed, 28 Mar 2012 19:34:35 +0000</pubDate>
		<dc:creator>bslaton</dc:creator>
				<category><![CDATA[Corporations Code]]></category>
		<category><![CDATA[Davis Stirling Act]]></category>
		<category><![CDATA[CA corporations code]]></category>
		<category><![CDATA[california condos]]></category>
		<category><![CDATA[davis stirling act]]></category>
		<category><![CDATA[laws governing condominiums]]></category>
		<category><![CDATA[sacramento condos]]></category>

		<guid isPermaLink="false">http://blog.sacramentocondos.com/?p=169</guid>
		<description><![CDATA[The two major laws or acts that govern Condominiums or CIDs in California are the Davis Stirling Act and the Corporations Code. Davis Stirling Act Common interest developments were first regulated in California in 1963 with the passage of the California Condominium Act. However, the laws affecting homeowners associations were scattered throughout the Corporations Code [...]]]></description>
			<content:encoded><![CDATA[<p>The two major laws or acts that govern Condominiums or CIDs in California are the Davis Stirling Act and the Corporations Code.</p>
<p><strong>Davis Stirling Act</strong></p>
<p>Common interest developments were first regulated in California in 1963 with the passage of the California Condominium Act. However, the laws affecting homeowners associations were scattered throughout the Corporations Code and the Civil Code and did not adequately address the unique issues posed by community associations.</p>
<p>Through the efforts of Assemblyman Lawrence W. Stirling and law professor Katherine Rosenberry, a comprehensive body of law governing common interest developments was drafted in 1985 and became known as the Davis-Stirling Common Interest Development Act. The Act went into effect January 1, 1986 as Civil Code §§1350-1378.</p>
<p>The Davis-Stirling Act applies to all common interest developments in California, including those in existence prior to the Act.</p>
<p><strong>Corporations Code</strong></p>
<p><strong>Corporations Code</strong>. The Davis-Stirling Act applies to all common interest developments in California. In addition, the Corporations Code applies to all incorporated associations.</p>
<div>The Davis-Stirling Act applies to all common interest developments in California, including those in existence prior to the Act.</p>
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		<title>A Year In Review:  2011 Jasmine Market Update Elk Grove, CA</title>
		<link>http://blog.sacramentocondos.com/2012/01/03/a-year-in-review-2011-jasmine-market-update-elk-grove-ca/</link>
		<comments>http://blog.sacramentocondos.com/2012/01/03/a-year-in-review-2011-jasmine-market-update-elk-grove-ca/#comments</comments>
		<pubDate>Wed, 04 Jan 2012 03:00:47 +0000</pubDate>
		<dc:creator>bslaton</dc:creator>
				<category><![CDATA[2011 Market Updates]]></category>
		<category><![CDATA[Jasmine]]></category>
		<category><![CDATA[elk grove ca real estate]]></category>
		<category><![CDATA[elk grove condos]]></category>
		<category><![CDATA[jasmine elk grove ca]]></category>
		<category><![CDATA[pacific west housing]]></category>
		<category><![CDATA[real estate]]></category>
		<category><![CDATA[sacramento condos]]></category>

		<guid isPermaLink="false">http://blog.sacramentocondos.com/?p=159</guid>
		<description><![CDATA[A Year In Review Jasmine Condominiums Elk Grove CA SacramentoCondos.com The condominium market for Jasmine in Elk Grove CA was a cash buyers paradise for 2011 due to the lack of financing in the complex.  There were approximately 21 sales in 2011 according to data obtained from Metrolist Services. The Jasmine condominium complex in Elk [...]]]></description>
			<content:encoded><![CDATA[<p style="text-align: center"><a href="http://blog.sacramentocondos.com/files/2012/01/jasmine-condos-elk-grove-ca.jpg"><img class="alignleft  wp-image-160" src="http://blog.sacramentocondos.com/files/2012/01/jasmine-condos-elk-grove-ca-199x300.jpg" alt="" width="92" height="139" /></a><strong>A Year In Review</strong></p>
<p style="text-align: center"><a href="http://www.sacramentocondos.com/condo/jasmine">Jasmine Condominiums</a> Elk Grove CA</p>
<p style="text-align: center"><a href="http://www.SacramentoCondos.com">SacramentoCondos.com</a></p>
<p style="text-align: center">The condominium market for Jasmine in Elk Grove CA was a cash buyers paradise for 2011 due to the lack of financing in the complex.  There were approximately 21 sales in 2011 according to data obtained from Metrolist Services.</p>
<p style="text-align: left">The Jasmine condominium complex in Elk Grove consists of 4 models, the 1185 sq ft Model which is a 1 bedroom plus loft with a 1 car garage, the 1314 sq ft model which is a single story model has 2 bedrooms and a 2 car garage, the 1519 sq ft model which has 2 bedrooms plus a loft and a 2 car garage and the 1728 sq ft model which has 2 bedrooms plus a loft and a 2 car garage.</p>
<p style="text-align: left">The 1185 sq ft model in Jasmine started the year with a sale on 2/22/11 at $87,000 which was an REO and used Homepath financing to close and ended with a sale on 9/21/11 at 73,500 which included a $500 credit to the buyers closing costs.  The year end decline was approximately 16%.  A total of 4 units of the 1185 sq ft Jasmine model were sold in 2011.  All of the 1185 sq ft Jasmine models were REO sales.</p>
<p style="text-align: left">The 1314 sq ft model in Jasmine started the year with an REO sale on 2/3/2011 at 110,000 which was a cash sale and ended the year with an REO sale on 9/1/2011 at $105,600 which was a cash sale.  The year end decline was approximately 4%.  A total of 5 units of the 1314 sq ft Jasmine model were sold in 2011.  All of the 1314 sq ft Jasmine models were REO sales.</p>
<p style="text-align: left">The 1519 sq ft model in Jasmine was the most active sold unit sold in Jasmine in 2011 with the first sale of the year on 4/1/2011 which was an REO sale at $114,000 which was a cash sale and ended the year with the last sale on 12/19/2011 at $99,950.  The year end decline was approximately 12% and turned in the last quarter from a positive trend to a negative trend with the closing of two short sales which took the comparable sale from $115,000 (which would have been a $1000 increase from the beginning of the year to an approximate $15,000 decrease from the beginning of the year.  A total of 8 units of the 1519 sq ft Jasmine model were sold in 2011.  Of the 8 units, 5 were REO sales, 1 was a HUD owned condo and 2 were short sales.</p>
<p style="text-align: left">The last model in Jasmine is the 1728 sq ft model which started the year with a sale on 1/14/2011 at $117,500 which was an REO sale sold for cash and ended the year with an REO sale on 9/20/2011 at $119,500.  A bright note is the year end INCREASE came in at 2%.  There may have been concessions to the buyer on the last sale which were not listed in the MLS so the increase should be viewed with caution.  There were a total of 4 units of the 1728 sq ft Jasmine model sold in 2011.</p>
<p style="text-align: left">So the recap we saw in Jasmine was that only 2 short sales closed in Jasmine and they had the highest depreciation in value against the REO sales.  We did see one investor flip in the data but listed it as REO based on how it was acquired.  There were no equity sales in Jasmine for 2011.</p>
<p style="text-align: center">We have provided for your use this chart of:</p>
<p style="text-align: center"><a href="http://blog.sacramentocondos.com/files/2012/01/Market-Template-Jasmine.pdf">2011 condominium sales in the Jasmine community of Elk Grove CA</a></p>
<p style="text-align: left">Our prediction for 2012</p>
<p style="text-align: left">Jasmine will continue to see small depreciation in pricing due the lack of financing available to homebuyers and will see continued purchases with cash buyers.  One key to the financial recovery of this complex will be to get those condominium owners facing foreclosure to keep their HOA fees paid and pursue a short sale instead of letting their condo units sit vacant and affecting the other sellers in the complex.  Once financing opens up in the complex we anticipate to see an improvement of the sales pricing in the complex which is still in demand for homebuyers but out of reach due to financing options.  Homebuyers searching for condos in Jasmine should focus on Homepath eligible units or HUD owned units as these provide more available homeowner financing than openly available.</p>
<p style="text-align: left">SacramentoCondos.com continues to be dedicated to the condominium community through providing options for first time homebuyers to purchase their first condominium as well as providing services for those homeowners who may be at risk of foreclosure pursue short sales on their units.  First time homebuyers should monitor our <a href="http://www.sacramentocondos.com/condo/jasmine">Jasmine</a> page and condominium owners who need to seek advise on their foreclosure alternatives should contact us directly at info@SacramentoCondos.com or visit our information page at <a href="http://www.ForeclosureOptions.com">ForeclosureOptions.com</a>.  Our office can also be reached at 916-226-2700.</p>
<p style="text-align: center"><a href="http://blog.sacramentocondos.com/files/2012/01/Sac-Condos-Logo.jpg"><img class="alignleft  wp-image-164" src="http://blog.sacramentocondos.com/files/2012/01/Sac-Condos-Logo-300x172.jpg" alt="" width="137" height="78" /></a>SacramentoCondos.com is a division of eCurb Realty Services Inc.  Real estate services provided by Realty World eCurb REALTORS CA License #01904297.</p>
<p style="text-align: center">
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