Section 4202 - Industrial and Commercial Developments - as Originally Placed in the New Common Interest Development Act

As of 1/1/2014 when the new Commercial and Industrial Common Interest Development Act became effective (one year after the new Common Interest Development Act was effective), Section 4202 no longer needed to include exceptions; rather the new Commercial and Industrial Common Interest Development Act simply excluded the provisions listed in Section 4202 set forth below.

Click here to see current Section 4202

The provisions below are no longer applicable

Section 4202 - Industrial and Commercial Developments

(a) The following provisions do not apply to a common interest development that is limited to industrial or commercial uses by zoning or by a declaration of covenants, conditions, and restrictions that has been recorded in the official records of each county in which the common interest development is located:

(1) Section 4275

(2) Article 5 (commencing with Section 4340) of Chapter 3.

(3) Article 2 (commencing with Section 4525), and Article 3 (commencing with Section 4575), of Chapter 4.

(4) Section 4600.

(5) Section 4740.

(6) Section 4765.

(7) 5300, 5305, 5565, and 5810, and paragraph (7) of subdivision (a) of Section 5310.

(8) Sections 5500 through 5560, inclusive.

(9) Subdivision (b) of Section 5600.

(10) Subdivision (b) of Section 5605.

(b) The Legislature finds that the provisions listed in subdivision (a) are appropriate to protect purchasers in residential common interest developments, however, the provisions may not be necessary to protect purchasers in commercial or industrial developments since the application of those provisions could result in unnecessary burdens and costs for these types of developments.

Section 1373 - Common Interest Developments Limited to Industrial or Commercial Use

(a)    The following provisions do not apply to a common interest development that is limited to industrial or commercial uses by zoning or by a declaration of covenants, conditions, and restrictions that has been recorded in the official records of each county in which the common interest development is located:
(1)    Section 1356.
(2)    Article 4 (commencing with Section 1357.100) of Chapter 2 of Title 6 of Part 4 of Division 2.
(3)    Section 1360.2.
(4)    Subdivision (b) of Section 1363.
(5)    Section 1365.
(6)    Section 1365.5.
(7)    Subdivision (b) of Section 1366.
(8)    Section 1366.1.
(9)    Section 1368.
(10)    Section 1378.
(b)    The Legislature finds that the provisions listed in subdivision (a) are appropriate to protect purchasers in residential common interest developments, however, the provisions may not be necessary to protect purchasers in commercial or industrial developments since the application of those provisions could result in unnecessary burdens and costs for these types of developments.

Section 1363.07 - Grants of Exclusive Use of Common Area to a Member

(a)(3)    Any grant of exclusive use that is for any of the following reasons:
(F)    Any grant in connection with an expressly zoned industrial or commercial development, or any grant within a subdivision of the type defined in Section 1373.

Changes

4202.§1373
(a)    The following provisions do not apply to a common interest development that is limited to industrial or commercial uses by zoning or by a declaration of covenants, conditions, and restrictions that has been recorded in the official records of each county in which the common interest development is located:

(1)    Section 13564275.

(2)    Article 45 (commencing with Section 4340) of Chapter 3. 1357.100) of Chapter 2 of Title 6 of Part 4 of Division 2.

(3)    Section 1360.2. Article 2 (commencing with Section 4525), and Article 3 (commencing with Section 4575), of Chapter 4.

(4)  Section 4600.

(5)  Section 4740.

(6)  Section 4765.

(7)  Sections 5300, 5305, 5565, and 5810, and paragraph (7) of subdivision (a) of Section 5310.

(8)  Sections 5500 through 5560, inclusive.

(9)  Subdivision (b) of Section 13635600.
(10) (5)    Section 1365.
(6)    Section 1365.5.
(7)    Subdivision (b) of Section 1366.
(8)    Section 1366.1.
(9)    Section 1368.
(10)    Section 13785605.

(b)    The Legislature finds that the provisions listed in subdivision (a) are appropriate to protect purchasers in residential common interest developments, however, the provisions may not be necessary to protect purchasers in commercial or industrial developments since the application of those provisions could result in unnecessary burdens and costs for these types of developments.

4202.1363.07 (a)
(3)    Any grant of exclusive use that is for any of the following reasons:
(F)    Any grant in connection with an expressly zoned  The following provisions do not apply to a common interest development that is limited to industrial or commercial development, or any grant within a subdivision of the type defined in Section 1373.uses by zoning or by a declaration of covenants, conditions, and restrictions that has been recorded in the official records of each county in which the common interest development is located: