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1365.7.
(a) A volunteer officer or volunteer director of an association, as defined in
subdivision (a) of Section 1351, which manages a common interest development
that is exclusively residential, shall not be personally liable in excess of the
coverage of insurance specified in paragraph (4) to any person who suffers
injury, including, but not limited to, bodily injury, emotional distress,
wrongful death, or property damage or loss as a result of the tortious act or
omission of the volunteer officer or volunteer director if all of the following
criteria are met:
(1) The act or omission was performed within the scope of the
officer's or director's association duties.
(2) The act or omission was performed in good faith.
(3) The act or omission was not willful, wanton, or grossly
negligent.
(4) The association maintained and had in effect at the time the
act or omission occurred and at the time a claim is made one or more policies of
insurance which shall include coverage for (A) general liability of the
association and (B) individual liability of officers
and directors of the association for negligent acts or omissions in that
capacity; provided, that both types of coverage are in the
following minimum amount:
(A) At least five hundred thousand dollars ($500,000) if the common
interest development consists of 100 or fewer separate
interests.
(B) At least one million dollars ($1,000,000) if the common
interest development consists of more than 100 separate interests.
(b) The payment of actual expenses incurred by a director or
officer in the execution of the duties of that position does not affect the
director's or officer's status as a volunteer within the meaning of this
section.
(c) An officer or director who at the time of the act or omission
was a declarant, as defined in subdivision (g) of Section 1351, or who received
either direct or indirect compensation as an employee from the declarant, or
from a financial institution that purchased a separate interest, as defined in
subdivision (l) of Section 1351, at a judicial or nonjudicial foreclosure of a
mortgage or deed of trust on real property, is not a volunteer for the purposes
of this section.
(d) Nothing in this section shall be construed to limit the
liability of the association for its negligent act or omission or for any
negligent act or omission of an officer or director of the association.
(e) This section shall only apply to a volunteer officer or
director who is a tenant of a separate interest in the common interest
development or is an owner of no more than two separate interests in the common
interest development.
(f) (1) For purposes of paragraph (1) of subdivision (a), the scope
of the officer's or director's association duties shall include, but shall not
be limited to, both of the following decisions:
(A) Whether to conduct an investigation of the common interest
development for latent deficiencies prior to the expiration of the
applicable statute of limitations.
(B) Whether to commence a civil
action against the builder for defects in design or construction.
(2) It is the intent of the Legislature that this section clarify
the scope of association duties to which the protections against personal
liability in this section apply. It is not the intent of the Legislature
that these clarifications be construed to expand, or
limit, the fiduciary duties owed by the directors or officers.
1365.9. (a) It is the intent of the Legislature to offer
civil liability protection to owners
of the separate interests in a common
interest development that have common areas owned in tenancy-in-common if the
association carries a certain level of prescribed insurance that covers a cause
of action in tort.
(b) Any cause of action in tort against any owner of a separate
interest arising solely by reason of an ownership interest as a tenant in common
in the common area of a common interest development shall be brought only
against the association and not against the individual owners of the separate
interests, as defined in subdivision (l) of Section 1351, if both of the
insurance requirements in paragraphs (1) and (2) are met:
(1) The association maintained and has in effect for this
cause of action, one or more policies of insurance which include coverage
for general liability of the association.
(2) The coverage described in paragraph (1) is in the following
minimum amounts:
(A) At least two million dollars ($2,000,000) if the common
interest development consists of 100 or fewer separate interests.
(B) At least three million dollars ($3,000,000) if the common
interest development consists of more than 100 separate interests.
(Return to
Rules/Governing Documents page)
f f f
 Thymus
species, Thyme, herbaceous groundcovers for full sun or part shade,
best as edging plants and in rock gardens. Grows to 12 inches, moderate
spreader, purple flowers in summer. Cut back after bloom ends. Note: many herbs
do well in the High Desert, but may freeze back during the winter.
(City of
Victorville Water Conservation Tips and
Recommended Xeriscape Plant List)
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