1363.
(a) A common interest development shall be managed by an association that may be
incorporated or unincorporated. The
association may be referred to as a community association.
(b) An association, whether incorporated or unincorporated, shall
prepare a budget pursuant to Section 1365 and disclose information, if
requested, in accordance with Section 1368.
(c) Unless the governing documents provide otherwise, and
regardless of whether the association is incorporated or
unincorporated, the association may exercise the powers granted to a nonprofit
mutual benefit corporation, as enumerated in Section 7140 of the Corporations
Code, except that an unincorporated
association may not adopt or use a corporate seal or issue membership
certificates in accordance with Section 7313 of the Corporations
Code.
The association, whether incorporated or unincorporated, may
exercise the powers granted to an association in this title.
(d) Meetings of the membership of the association shall be
conducted in accordance with a recognized system of parliamentary procedure or
any parliamentary procedures the association may adopt.
(e) Notwithstanding any other provision of law, notice of meetings
of the members shall specify those matters the board intends to present for
action by the members, but, except as otherwise provided by law, any proper
matter may be presented at the meeting for action.
(f) Members of the association shall have access to association
records, including accounting books and records and membership lists, in
accordance with Article 3 (commencing with Section 8330) of Chapter 13 of Part 3
of Division 2 of Title 1 of the Corporations
Code. The members of the association shall have the same access to the
operating rules of the association as they have to the accounting books and
records of the association.
(g) If an association adopts or has adopted a policy imposing any
monetary penalty, including any fee, on any association member for a violation
of the governing documents or rules of the association, including any monetary
penalty relating to the activities of a guest or invitee of a member, the board
of directors shall adopt and distribute to each member, by personal delivery or
first-class mail, a schedule of the monetary penalties that may be assessed for
those violations, which shall be in accordance with authorization for member
discipline contained in the governing documents. The board of directors shall
not be required to distribute any additional schedules of monetary penalties
unless there are changes from the schedule that was adopted and distributed to
the members pursuant to this subdivision.
(h) When the board of directors is to meet to consider or impose
discipline upon a member, the board shall notify the member in writing, by
either personal delivery or first-class mail, at least 10 days prior to the
meeting. The notification shall contain, at a minimum, the date, time, and place
of the meeting, the nature of the alleged violation for which a member may be
disciplined, and a statement that the member has a right to attend and may
address the board at the meeting. The board of directors of the association
shall meet in executive session if requested by the member being disciplined.
If the board imposes discipline on a member, the board shall
provide the member a written notification of the disciplinary action, by either
personal delivery or first-class mail, within 15 days following the action. A
disciplinary action shall not be effective against a member unless the board
fulfills the requirements of this subdivision.
(i) Whenever two or more associations have consolidated any of
their functions under a joint neighborhood association or similar organization,
members of each participating association shall be (1) entitled to attend all
meetings of the joint association other than executive sessions, (2) given
reasonable opportunity for participation in those meetings, and (3) entitled to
the same access to the joint association's records as they are to the
participating association's records.
(j) Nothing in this section shall be construed to create, expand,
or reduce the authority of the board of directors of an association to impose
monetary penalties on an association member for a violation of the governing
documents or rules of the association.
(Return to
Rules/Governing Documents page)
f f f
Oenothera
berlandieri, Mexican Evening Primrose, deciduous low growing,
spreading roots, with bright pink flowers, use for annual color, good for
slopes, fire retardant. Full sun or partial shade.
(City of
Victorville Water Conservation Tips and
Recommended Xeriscape Plant List)
