California Code Library · Topic
Owning & HOAs: inheritance, insurance and trusts
What comes with holding a property: HOA disclosures, assessments and disputes, loan servicing, homeowners insurance, trusts, and passing a home on at death.
60 documents of verbatim text. Where a code is listed section by section, the library holds those sections, not the whole code.
What this topic covers
Browse collected material or search within this topic. Subjects without a dedicated listing include a coverage note.
HOAs & common-interest developments
Resale disclosures, assessments, meetings, elections and disputes.
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Mortgage & loan servicing
Loan-servicing provisions do not yet have a dedicated list on this page. For foreclosure and forced-sale material, use the Auctions shelf linked below.
Browse related material →Insurance renewal, cancellation & wildfire
Property-policy continuation and wildfire protections.
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Claims & loss valuation
Claims practices, valuation, appraisal and standard fire coverage.
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California FAIR Plan
The basic-property-insurance backstop.
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Trust notice & information
Beneficiary notices and access to trust information.
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Trustee accounting & discretion
Accounts, exceptions and fiduciary discretion.
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Inheritance & passing a home
Inheritance provisions do not yet have a dedicated list on this page. Trust rules are listed below; probate sales are on the Foreclosure & auctions shelf and Proposition 19 reassessment is on the Property taxes shelf.
Browse related material →How to read these sources
Start with a research question, then follow the collected sources. These notes explain the organization; the linked provisions supply their conditions and exceptions.
Where are HOA resale disclosures and association records?
Transfer disclosures sit in Chapter 4 of the Davis-Stirling Act. Record inspection and annual reports sit in Chapter 6. Read the transfer provisions with the relevant records and reporting provisions when locating documents for an ownership or resale question. These are selected collected sections, not a reproduction of every provision in the Act.
How do HOA finances, assessments and disputes relate?
Reserve planning and association finances have their own chapter. Assessment authority, delinquency and collection belong to Chapter 8, while discipline and dispute-resolution procedures belong to Chapter 10. Following that structure helps distinguish a financial obligation from the process used to collect or challenge it.
The law, verbatim
Collected provisions are indexed by their official chapter or Article. Eviction reading groups are labeled separately. This is a selection of source snapshots; consult each document’s edition and the linked official source for applicable text.
Common interest developments & HOAs (Davis-Stirling Act)
Resale disclosures, assessments, collection, meetings and dispute resolution. Selected sections.
Civil Code · Part 5 · Chapter 4. Ownership and Transfer of Interests
Article 2. Transfer Disclosure
Transfer disclosures and the delivery of disclosure documents, including fees. Start here for the association documents involved in a resale.
2 collected provisions
Civil Code · Part 5 · Chapter 6. Association Governance
Article 5. Record Inspection
Association records, inspection rights and the conditions governing access. Read the definitions with the inspection and withholding provisions.
5 collected provisions
Civil Code · Part 5 · Chapter 6. Association Governance
Article 6. Recordkeeping
The association’s recordkeeping provisions.
1 collected provision
Civil Code · Part 5 · Chapter 6. Association Governance
Article 7. Annual Reports
Annual budget and policy reporting and delivery of the required reports.
4 collected provisions
Civil Code · Part 5 · Chapter 6. Association Governance
Article 8. Conflict of Interest
The conflict-of-interest provision for association decisions.
1 collected provision
Civil Code · Part 5 · Chapter 6. Association Governance
Article 9. Managing Agent
Provisions governing the association’s managing agent and funds.
1 collected provision
Civil Code · Part 5 · Chapter 6. Association Governance
Article 10. Government Assistance
Association participation in government assistance and related notices.
1 collected provision
Civil Code · Part 5 · Chapter 6. Association Governance
Article 11. Emergency Powers and Procedures
Emergency powers and procedures of an association.
1 collected provision
Civil Code · Part 5 · Chapter 7. Finances
Article 1. Accounting
Financial review and accounting controls.
1 collected provision
Civil Code · Part 5 · Chapter 7. Finances
Article 2. Use of Reserve Funds
Use of reserve accounts and transfers involving reserve funds.
2 collected provisions
Civil Code · Part 5 · Chapter 7. Finances
Article 3. Reserve Planning
Reserve studies and planning for future repair and replacement costs.
1 collected provision
Civil Code · Part 5 · Chapter 8. Assessments and Assessment Collection
Article 1. Establishment and Imposition of Assessments
Authority and limits for establishing regular and special assessments.
1 collected provision
Civil Code · Part 5 · Chapter 8. Assessments and Assessment Collection
Article 2. Assessment Payment and Delinquency
Delinquent assessments, required notices, liens and related owner protections.
4 collected provisions
Civil Code · Part 5 · Chapter 8. Assessments and Assessment Collection
Article 3. Assessment Collection
Assessment enforcement and collection, including procedures and limits involving foreclosure.
4 collected provisions
Civil Code · Part 5 · Chapter 9. Insurance and Liability
Insurance and Liability
Association insurance and liability provisions. This chapter is separate from the property-insurance statutes listed later on this shelf.
1 collected provision
Civil Code · Part 5 · Chapter 10. Dispute Resolution and Enforcement
Article 1. Discipline and Cost Reimbursement
Association discipline and reimbursement procedures.
1 collected provision
Civil Code · Part 5 · Chapter 10. Dispute Resolution and Enforcement
Article 2. Internal Dispute Resolution
Internal procedures for resolving disputes between an association and its members.
3 collected provisions
Civil Code · Part 5 · Chapter 10. Dispute Resolution and Enforcement
Article 3. Alternative Dispute Resolution Prerequisite to Civil Action
The alternative-dispute-resolution provisions that precede certain civil actions.
4 collected provisions
- Alternative Dispute Resolution Prerequisite to Civil Action — Civil Code § 5930
- Alternative Dispute Resolution Prerequisite to Civil Action — Civil Code § 5940
- Alternative Dispute Resolution Prerequisite to Civil Action — Civil Code § 5950
- Alternative Dispute Resolution Prerequisite to Civil Action — Civil Code § 5960
Civil Code · Part 5 · Chapter 10. Dispute Resolution and Enforcement
Article 4. Civil Action
Civil enforcement and litigation provisions.
1 collected provision
Civil Code · Part 5 · Chapter 11. Construction Defect Litigation
Construction Defect Litigation
The chapter governing association construction-defect litigation and notices.
2 collected provisions
Property insurance (Insurance Code)
Renewal and nonrenewal notices, wildfire and disaster-loss protections, the FAIR Plan, claims handling.
Policy renewal, cancellation & wildfire
When residential and commercial property policies may be renewed, changed or not renewed.
5 collected provisions
- Property policy scope and pending-claim nonrenewal — Insurance Code § 675
- Residential disaster-loss renewal and wildfire protection — Insurance Code § 675.1
- Wildfire commercial-property cancellation and nonrenewal — Insurance Code § 675.55
- Residential policy renewal and nonrenewal notices — Insurance Code § 678
- Commercial insurance conditional renewal and nonrenewal notices — Insurance Code § 678.1
Claims, loss valuation & the standard fire policy
Claims practices, actual cash value, appraisal and the standard fire-policy terms.
3 collected provisions
California FAIR Plan
The basic-property-insurance backstop for people who cannot obtain coverage in the voluntary market.
1 collected provision
Trusts & estates (Probate Code)
Trustee notice, information and accounting duties when property is held or passes through a trust.
Beneficiary notice & access to trust information
Notices after a trust becomes irrevocable and a beneficiary's right to the trust terms and requested information.
4 collected provisions
Trustee accounts & required contents
When an account is due and what the trustee's account must contain.
2 collected provisions
Accounting waivers & exceptions
When accounting or information duties may be waived, when they still apply, and who is excepted.
3 collected provisions
Trustee discretionary powers
The fiduciary limits on a trustee's absolute, sole or uncontrolled discretion.
1 collected provision
Other topics
Development & building
What can be built and how: the Title 24 building codes, every city and county zoning code, and the state planning, environmental and development-finance law above them.
Buying & selling
The rules for the people who carry a sale: real estate licensing, broker supervision, trust funds and the Real Estate Commissioner's regulations.
Renting & eviction
Rent caps, just cause, deposits, repairs and entry, the eviction lawsuit itself, and the fair-housing rules every rental decision is read against.
Foreclosure & auctions
The law and official process for trustee's sales, tax-defaulted property, judgment enforcement, probate sales and bankruptcy.
Property taxes
Find property assessment, reassessment, exemptions, tax bills, appeals and transfer taxes by the task you need to complete.
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