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2004 CHANGES IN THE LAW

2004 STATUTES

Fire Retardant Roofing (Civ. Code §1353.7).  Associations cannot put aesthetics over fire safety when it comes to roofs. Associations are prohibited from requiring owners to install or repair their roofs in a manner that violates Health & Safety Code §13132.7.

Alternative Dispute Resolution. Made changes to ADR provisions. Civ. Code §1354, §1369.510-1369.590

Architectural Standards (Civ. Code §1357.120, §1378). Makes architectural procedures "operating rules" requiring membership review and added procedures for reviewing architectural applications.

Internal Dispute Resolution (Civ. Code §1363.810-1363.850). Requires associations to adopt a "fair, reasonable and expeditions process" for resolving disputes internally.

Budgets (Civ. Code §1365). Lengthened the time period for distribution of budgets.

Reserve Disclosures (Civ. Code §1365.2.5). Requires additional reserve disclosures using a particular format.

Reserve Transfers (Civ. Code §1365.5). Adds notice requirements whenever boards transfer funds from reserves.

Community Service Organizations (Civ. Code §1365.3) Adds new financial disclosure obligations.

Litigation (Civ. Code §1368.3). Provides that associations have standing to litigate matters.

Construction Defects (Civ. Code §1368.4). Allows associations to use comparative fault.

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