The following CA Corp 18000-18410 Codes seem to apply to all unincorporated associations except for the Weber Valley group. In 16 years I have yet to see a valid documentation associated with real property transfers that somehow identify my property rights are owned by any valid homeowners association. Not one locally recorded Deed list or named the fake Association as a real property owner. Below are Corporate Codes as applied to CA unincorporated associations. The Secretary of State claims no such association known as Weber Valley Heights Non-Profit Association ever existed. As of today Aug, 29, 2023 the Recorders Office for the County of Riverside fails to have a Fictitious Business Statement identifying the operators of the fictitious business.
See CA BUSINESS AND PROFESSIONS CODE – BPC
DIVISION 7. GENERAL BUSINESS REGULATIONS [17900-17930]
Chapter 5 Fictitious Business Names [17900-17930]
See section 17913-17930 as it relates to the fictitious Business name Weber Valley Heights Association.
How is the County of Riverside issuing a permit in the name of a fictitious business that truly only exist in name?
California Corporations Code – CORP
TITLE 3 – UNINCORPORATED ASSOCIATIONS
PART 1 – GENERAL PROVISIONS
CHAPTER 1 – Definitions 18000-18035
CHAPTER 2 – Application of Title 18055-18070
CHAPTER 3 – Property 18100-18135
CHAPTER 4 – Designation of Agent for Service of Process 18200-18220
CHAPTER 5 – Liability and Enforcement of Judgments 18250-18340
CHAPTER 6 – Governance 18410
CHAPTER 1 Definitions 18000-18035
CA Corp Code § 18000
Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this title.
CA Corp Code § 18003
Board means the board of directors or other governing body of an unincorporated association.
CA Corp Code § 18005
Director means a natural person serving as a member of the board or other governing body of the unincorporated association.
CA Corp Code § 18008
Governing document means a constitution, articles of association, bylaws, or other writing that governs the purpose or operation of an unincorporated association or the rights or obligations of its members.
CA Corp Code § 18010
Governing principles means the principles stated in an unincorporated association s governing documents. If an association has no governing documents or the governing documents do not include a provision governing an issue, the association s governing principles regarding that issue may be inferred from its established practices. For the purpose of this section, established practices means the practices used by an unincorporated association without material change or exception during the most recent five years of its existence, or if it has existed for less than five years, during its entire existence.
CA Corp Code § 18015
(a) If the governing principles of an unincorporated association define the membership of the association; member has the meaning provided by the governing principles.
(b) If the governing principles of an unincorporated association do not define the membership of the association, member means a person who, pursuant to the governing principles of the unincorporated association, has a right to participate in the selection of persons authorized to manage the affairs of the unincorporated association or in the development of policy of the unincorporated association, but does not include a person who participates solely as director, officer, or agent of the association.
CA Corp Code § 18020
(a) Nonprofit association means an unincorporated association with a primary common purpose other than to operate a business for profit.
(b) A nonprofit association may carry on a business for profit and apply any profit that results from the business activity to any activity in which it may lawfully engage.
CA Corp Code § 18025
Officer means a natural person serving as an unincorporated association s chair, president, secretary, chief financial officer, or other position of authority that is established pursuant to the association s governing principles.
CA Corp Code § 18030
Person includes a natural person, corporation, partnership, or other unincorporated organization, government, or governmental subdivision or agency, or any other entity.
CA Corp Code § 18035
(a) Unincorporated association means an unincorporated group of two or more persons joined by mutual consent for a common lawful purpose, whether organized for profit or not.
(b) Joint tenancy, tenancy in common, community property, or other form or property tenure does not by itself establish an unincorporated association, even if coowners share ownership of the property for a common purpose.
(c) Marriage or creation of a registered domestic partnership does not by itself establish an unincorporated association.
CHAPTER 2 – Application of Title 18055-18070
CA Corp Code § 18055
This title does not apply to any of the following persons:
(a) A corporation.
(b) A government or governmental subdivision or agency.
(c) A partnership or joint venture.
(d) A limited liability company.
(e) A labor organization, labor federation, labor council, or labor committee, that is governed by a constitution or bylaws. As used in this subdivision, labor organization means any organization of any kind, or any agency or employee representation committee or plan, where employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work.
CA Corp Code § 18060
If a statute specific to a particular type of unincorporated association is inconsistent with a general provision of this title, the specific statute prevails to the extent of the inconsistency.
CA Corp Code § 18065
Except to the extent this title provides a specific rule, the general law of agency, including Article 2 (commencing with Section 2019) of Chapter 2 of Title 6 of, and Title 9 (commencing with Section 2295) of, Part 4 of Division 3 of the Civil Code, applies to an unincorporated association.
CA Corp Code § 18070
A provision of this title, insofar as it is substantially the same as a previously existing provision relating to the same subject matter, shall be considered as a restatement and continuation thereof and not as a new enactment, and a reference in a statute to the provision shall be deemed to include a reference to the previously existing provision unless a contrary intent appears.
CHAPTER 3 – Property 18100-18135
CA Corp Code § 18100,
The interest of a member in an unincorporated association is personal property.
CA Corp Code § 18105,
An unincorporated association may, in its name, acquire, hold, manage, encumber, or transfer an interest in real or personal property.
CA Corp Code § 18110,
Property acquired by or for an unincorporated association is property of the unincorporated association and not of the members individually.
CA Corp Code § 18115
The acquisition, transfer, or encumbrance of an interest in real property by an unincorporated association shall be executed by its president and secretary or other comparable officers, or by a person specifically designated by a resolution adopted by the association, or by a committee or other body or person authorized to act by the governing principles of the association.
CA Corp Code § 18120
(a) An unincorporated association may record in a county in which it has an interest in real property a verified and acknowledged statement of authority stating the name of the association, and the names, title, or capacity of its officers and other persons who are authorized on its behalf to acquire, transfer, or encumber real property. For the purposes of this section, statement of authority includes a certified copy of a statement recorded in another county.
(b) An unincorporated association may revoke a statement of authority by recording either of the following documents in the county in which the statement of authority is recorded:
(1) A new statement of authority that satisfies the requirements of subdivision (a). The new statement supersedes the revoked statement.
(2) A verified and acknowledged document that expressly revokes the statement of authority.
(c) It shall be conclusively presumed in favor of a bona fide transferor, or purchaser, or encumbrancer for value of real property of the association located in the county in which a statement of authority has been recorded pursuant to subdivision (a), that a person designated in the statement is authorized to acquire, transfer, or encumber real property on behalf of the association.
(d) The presumption provided in subdivision (c) does not apply if, before the acquisition, transfer, or encumbrance, either of the following occurs:
(1) The statement of authority is revoked by the unincorporated association.
(2) A person claiming to be a member, director, or officer of the unincorporated association records, in the county in which the property is located, a verified and acknowledged document stating that the statement of authority is erroneous or unauthorized.
CA Corp Code § 18122
An unincorporated association holding property for charitable purposes shall comply with the Supervision of Trustees and Fundraisers for Charitable Purposes Act, Article 7 (commencing with Section 12580) of Chapter 6 of Part 2 of Division 3 of Title 2 of the Government Code, if applicable.
CA Corp Code § 18125
No limitation on the power of an unincorporated association to acquire, hold, manage, pledge, encumber, or transfer an interest in real or personal property, or the manner of exercise of those powers, shall be asserted as between the unincorporated association or a member of the unincorporated association and a third person, except in the following proceedings:
(a) A proceeding to enjoin an unauthorized act, or the continuation of an unauthorized act, where a third person has not yet acquired rights that would be adversely affected by the injunction, or where, at the time of the unauthorized act, the third person had actual knowledge that the act was unauthorized.
(b) A proceeding to dissolve the unincorporated association
(c) A proceeding against a director, officer, or agent of the unincorporated association for violation of that person s authority.
CA Corp Code § 18130
After all of the known debts and liabilities of an unincorporated association in the process of winding up its affairs have been paid or adequately provided for, the assets of the association shall be distributed in the following manner:
(a) Assets held upon a valid condition requiring return, transfer, or conveyance of the assets, which condition has occurred or will occur, shall be returned, transferred, or conveyed in accordance with the condition.
(b) After complying with subdivision (a), any remaining assets that are held in trust shall be distributed in accordance with the trust.
(c) After complying with subdivisions (a) and (b), any remaining assets shall be distributed in accordance with the governing principles of the association. If the governing principles do not provide the manner of distribution of the assets, the assets shall be distributed pro rata to the current members of the association.
CA Corp Code § 18135
(a) Notwithstanding Section 18260, a cause of action against an unincorporated association may be enforced against a person who received assets distributed under Section 18130. Liability under this section shall be limited to the value of the assets distributed to the person or the person s pro rata share of the claim against the unincorporated association, whichever is less.
(b) An action under this section shall be commenced before the earlier of the following dates:
(1) Expiration of the statute of limitations applicable to the cause of action.
(2) Four years after dissolution of the unincorporated association. This paragraph does not apply in a quiet title action.
CHAPTER 4 – Designation of Agent for Service of Process 18200-18220
CA Corp Code § 18200
(a) An unincorporated association may file with the Secretary of State, on a form prescribed by the Secretary of State, a statement containing either of the following:
(1) A statement designating the location and complete street address of the unincorporated association s principal office in this state. Only one place may be designated.
(2) A statement
(A) designating the location and complete street address of the unincorporated association s principal office in this state in accordance with paragraph (1) or, if the unincorporated association does not have an office in this state, designating the complete street address and mailing address, if different, of the unincorporated association to which the Secretary of State shall send any notices required to be sent to the association under Sections 18210 and 18215, and (B) designating as agent of the association for service of process any natural person residing in this state or any corporation that has complied with Section 1505 and whose capacity to act as an agent has not terminated.
(b) If a natural person is designated as agent for service of process, the statement shall include the person s complete business or residence street address. If a corporate agent is designated, no address for it shall be included.
(c) Filing is deemed complete on acceptance by the Secretary of State of the statement and the filing fee.
(d) At any time, an unincorporated association that has filed a statement under this section may file a new statement superseding the last previously filed statement. If the new statement does not designate an agent for service of process, the filing of the new statement shall be deemed to revoke the designation of an agent previously designated. A statement filed under this section expires five years from December 31 following the date it was filed in the office of the Secretary of State, unless previously superseded by the filing of a new statement.
(e) Delivery by hand of a copy of any process against the unincorporated association (1) to any natural person designated by it as agent, or (2) if the association has designated a corporate agent, to any person named in the last certificate of the corporate agent filed pursuant to Section 1505 at the office of the corporate agent shall constitute valid service on the association.
(f) For filing a statement as provided in this section, the Secretary of State shall charge and collect the fee provided in paragraph (1) of subdivision (b) of Section 12191 of the Government Code for filing a designation of agent.
(g) Notwithstanding Section 18055, a statement filed by a partnership under former Section 24003 is subject to this chapter until the statement is revoked or expires.
CA Corp Code § 18205
(a) The Secretary of State shall mark each statement filed under Section 18200 with a consecutive file number and the date of filing. In lieu of retaining the original statement, the Secretary of State may retain a copy in accordance with Section 14756 of the Government Code.
(b) The Secretary of State shall index each statement filed under Section 18200 according to the name of the unincorporated association as set out in the statement and shall enter in the index the file number and the address of the association as set out in the statement and, if an agent for service of process is designated in the statement, the name of the agent and, if a natural person is designated as the agent, the address of that person.
(c) Upon request of any person, the Secretary of State shall issue a certificate showing whether, according to the Secretary of State s records, there is on file on the date of the certificate, any presently effective statement filed under Section 18200 for an unincorporated association using a specific name designated by the person making the request. If a statement is on file, the certificate shall include the information required by subdivision (b) to be included in the index. The fee for the certificate is the fee provided in Section 12183 of the Government Code.
(d) When a statement has expired under subdivision (d) of Section 18200, the Secretary of State shall enter that fact in the index together with the date of the expiration.
(e) Four years after a statement has expired, the Secretary of State may destroy or otherwise dispose of the statement and delete information concerning that statement from the index.
CA Corp Code § 18210
18210. (a) An agent designated by an unincorporated association for the service of process may deliver to the Secretary of State, on a form prescribed by the Secretary of State for filing, a signed and acknowledged written statement of resignation as an agent for service of process containing the name of the unincorporated association and Secretary of State s file number of the unincorporated association, the name of the resigning agent for service of process, and a statement that the agent is resigning. The resignation is effective when filed. The Secretary of State shall mail or otherwise provide written notice of the filing to the unincorporated association at its address set out in the statement filed by the association.
(b) An unincorporated association may at any time file with the Secretary of State a revocation of a designation of an agent for service of process on a form prescribed by the Secretary of State containing the name of the unincorporated association and Secretary of State s file number for the unincorporated association, the name of the agent whose designation to accept service of process is being revoked and a statement that the unincorporated association has revoked the designation to accept service of process. The revocation is effective when filed.
(c) Notwithstanding subdivisions (a) and (b), service made on an agent designated by an unincorporated association for service of process in the manner provided in subdivision (e) of Section 18200 is effective if made within 30 days after the statement of resignation or the revocation is filed with the Secretary of State.
(d) The resignation of an agent may be effective if, on a form prescribed by the Secretary of State containing the name of the unincorporated association and Secretary of State s file number for the unincorporated association and the name of the agent for service of process, the agent disclaims having been properly appointed as the agent.
(e) The Secretary of State may destroy or otherwise dispose of any resignation filed pursuant to this section after a new form is filed pursuant to Section 18200 replacing the agent for service of process that has resigned.
CA Corp Code § 18215
Between the first day of October and the first day of December immediately preceding the expiration date of a statement filed under Section 18200, the Secretary of State shall send by first-class mail a notice, indicating the date on which the statement will expire and the file number assigned to the statement, to the unincorporated association at its address as set out in the statement. Neither the failure of the Secretary of State to mail the notice as provided in this section nor the failure of the notice to reach the unincorporated association shall continue the statement in effect after the date of its expiration. Neither the state nor any officer or employee of the state is liable for damages for failure to mail the notice as required by this section.
CA Corp Code § 18220
If designation of an agent for the purpose of service of process has not been made as provided in Section 18200, or if the agent designated cannot with reasonable diligence be found at the address specified in the index referred to in Section 18205 for delivery by hand of the process, and it is shown by affidavit to the satisfaction of a court or judge that process against an unincorporated association cannot be served with reasonable diligence upon the designated agent by hand or the unincorporated association in the manner provided for in Section 415.10 or 415.30 of the Code of Civil Procedure or subdivision (a) of Section 415.20 of the Code of Civil Procedure, the court or judge may make an order that service be made upon the unincorporated association by delivery of a copy of the process to one or more of the association s members designated in the order and by mailing a copy of the process to the association at its last known address. Service in this manner constitutes personal service upon the unincorporated association.
CHAPTER 5 – Liability and Enforcement of Judgments 18250-18340
CA Corp Code § 18250Except as otherwise provided by law, an unincorporated association is liable for its act or omission and for the act or omission of its director, officer, agent, or employee, acting within the scope of the office, agency, or employment, to the same extent as if the association were a natural person.
CA Corp Code § 18260
A money judgment against an unincorporated association, whether organized for profit or not, may be enforced only against the property of the association.
CA Corp Code § 18270
(a) A judgment creditor of a member, director, officer, or agent of an unincorporated association may not levy execution against the assets of the member, director, officer, or agent to satisfy a judgment based on a claim against the unincorporated association unless a judgment based on the same claim has been obtained against the unincorporated association and any of the following conditions is satisfied:
(1) A writ of execution on the judgment against the unincorporated association has been returned unsatisfied in whole or in part.
(2) The unincorporated association is a debtor in bankruptcy.
(3) The member, director, officer, or agent has agreed that the creditor need not exhaust the assets of the unincorporated association.
(4) A court grants permission to the judgment creditor to levy execution against the assets of a member, director, officer, or agent based on a finding that the assets of the unincorporated association subject to execution are clearly insufficient to satisfy the judgment, that exhaustion of the assets of the unincorporated association is excessively burdensome, or that the grant of permission is an appropriate exercise of the courts equitable power.
(b) Nothing in this section affects the right of a judgment creditor to levy execution against the assets of a member, director, officer, or agent of an unincorporated association if the claim against the member, director, officer, or agent is not based on a claim against the unincorporated association.
ARTICLE 2 – Termination or Suspension of Membership
Universal Citation: CA Corp Code § 18310
(a) Unless otherwise provided by an unincorporated association s governing principles, membership in the unincorporated association is terminated by any of the following events:
(1) Resignation of the member.
(2) Expiration of the fixed term of the membership, unless the membership is renewed before its expiration.
(3) Expulsion of the member.
(4) Death of the member.
(5) Termination of the legal existence of a member that is not a natural person.
(b) Termination of membership does not relieve a person from an obligation incurred as a member before termination.
(c) Termination of membership does not affect the right of an unincorporated association to enforce an obligation against a person incurred as a member before termination, or to obtain damages for its breach.
CA Corp Code § 18320
(a) This section only applies if membership in an unincorporated association includes a property right or if expulsion or suspension of a member would affect an important, substantial economic interest. This section does not apply to an unincorporated association that has a religious purpose.
(b) Expulsion or suspension of a member shall be done in good faith and in a fair and reasonable manner. A procedure that satisfies the requirements of subdivision (c) is fair and reasonable, but a court may also determine that another procedure is fair and reasonable taking into account the full circumstances of the expulsion or suspension.
(c) A procedure for expulsion or suspension of a member that satisfies the following requirements is fair and reasonable:
(1) The procedure is included in the unincorporated association s governing documents.
(2) The member to be expelled or suspended is given notice, including a statement of the reasons for the expulsion or suspension. The notice shall be delivered at least 15 days before the effective date of the expulsion or suspension.
(3) The member to be expelled or suspended is given an opportunity to be heard by the person or body deciding the matter, orally or in writing, not less than five days before the effective date of the expulsion or suspension.
(d) A notice pursuant to this section may be delivered by any method reasonably calculated to provide actual notice. A notice delivered by mail shall be sent by first-class, certified, or registered mail to the last address of the member shown on the unincorporated association s records.
(e) A member may commence a proceeding to challenge the expulsion or suspension of the member, including a claim alleging defective notice, within one year after the effective date of the expulsion or suspension. The court may order any relief, including reinstatement, it determines is equitable under the circumstances. A vote of the members or of the board may not be set aside solely because a person was wrongfully excluded from voting by virtue of the challenged expulsion or suspension, unless the court determines that the wrongful expulsion or suspension was in bad faith and for the purpose, and with the effect, of wrongfully excluding the member from the vote or from the meeting at which the vote took place, so as to affect the outcome of the vote.
(f) This section governs only the procedure for expulsion or suspension and not the substantive grounds for expulsion or suspension. An expulsion or suspension based on substantive grounds that violate contractual or other rights of the member or are otherwise unlawful is not made valid by compliance with this section.
ARTICLE 3 – Member Voting
CA Corp Code § 18330
Except as otherwise provided by statute or by an unincorporated association s governing principles, the following rules govern a member vote conducted pursuant to this chapter:
(a) A vote may be conducted either at a member meeting at which a quorum is present or by a written ballot in which the number of votes cast equals or exceeds the number required for a quorum. Approval of a matter voted on requires an affirmative majority of the votes cast.
(b) Written notice of the vote shall be delivered to all members entitled to vote on the date of delivery. The notice shall be delivered or mailed or sent electronically to the member addresses shown in the association s records a reasonable time before the vote is to be conducted. The notice shall not be delivered electronically, unless the recipient has consented to electronic delivery of the notice. The notice shall state the matter to be decided and describe how and when the vote is to be conducted.
(c) If the vote is to be conducted by written ballot, the notice of the vote shall serve as the ballot. It shall set forth the proposed action, provide an opportunity to specify approval or disapproval of any proposal, and provide a reasonable time within which to return the ballot to the unincorporated association.
(d) One-third the voting power of the association constitutes a quorum.
(e) The voting power of the association is the total number of votes that can be cast by members on a particular issue at the time the member vote is held.
ARTICLE 4 – Amendment of Governing Documents
CA Corp Code § 18340
If an unincorporated association s governing principles do not provide a procedure to amend the association s governing documents, the governing documents may be amended by a vote of the members.
GENERAL PROVISIONS CHAPTER 6 – Governance
ARTICLE 5 – Merger
CA Corp Code § 18350
The following definitions govern the construction of this article:
(a) Constituent entity means an entity that is merged with one or more other entities and includes the surviving entity.
(b) Disappearing entity means a constituent entity that is not the surviving entity.
(c) Surviving entity means an entity into which one or more other entities are merged.
CA Corp Code § 18360
An unincorporated association may merge with a domestic or foreign corporation, domestic or foreign limited partnership, domestic or foreign general partnership, or domestic or foreign limited liability company. Notwithstanding this section, a merger may be effected only if each constituent entity is authorized to effect the merger by the laws under which it was organized.
CA Corp Code § 18370
A merger involving an unincorporated association is subject to the following requirements:
(a) Each party to the merger shall approve an agreement of merger. The agreement shall include the following provisions:
(1) The terms of the merger.
(2) Any amendments the merger would make to the articles, bylaws, or other governing documents of the surviving entity.
(3) The name, place of organization, and type of entity of each constituent entity.
(4) The name of the constituent entity that will be the surviving entity.
(5) If the name of the surviving entity will be changed in the merger, the new name of the surviving entity.
(6) The disposition of the memberships or ownership interests of each constituent entity.
(7) Other details or provisions, if any, including any details or provisions required by the law under which a constituent entity is organized.
(b) The principal terms of the merger agreement shall be approved by the board, the members, and any person whose approval is required by the association s governing documents. Unless otherwise provided in the governing documents, the members shall approve the agreement in the manner provided for amendment of the association s governing documents. The members may approve the agreement before or after the board approves the agreement.
(c) A merger agreement that would cause the members of an unincorporated association to become individually liable for an obligation of a constituent or surviving entity shall be approved by all of the members of the unincorporated association. Approval by all members is not required under this subdivision if the agreement of merger provides for purchase by the surviving entity of the membership interest of a member who votes against approval of the merger agreement.
(d) A merger agreement may be amended by the board, unless the amendment would change a principal term of the agreement, in which case it shall be approved as provided in subdivision (b).
(e) Subject to the contractual rights of third parties, the board may abandon a merger without the approval of the members.
CA Corp Code § 18380
(a) A merger pursuant to this article has the following effect:
(1) The separate existence of the disappearing entity ceases.
(2) The surviving entity succeeds, without other transfer, to the rights and property of the disappearing entity.
(3) The surviving entity is subject to all the debts and liabilities of the disappearing entity. A trust or other obligation governing property of the disappearing entity applies as if it were incurred by the surviving entity.
(b) All rights of creditors and all liens on or arising from the property of each of the constituent entities are preserved unimpaired, provided that a lien on property of a disappearing entity is limited to the property subject to the lien immediately before the merger is effective.
(c) An action or proceeding pending by or against a disappearing entity or other party to the merger may be prosecuted to judgment, which shall bind the surviving entity, or the surviving entity may be proceeded against or substituted in its place.
(d) A merger does not affect an existing liability of a member, director, officer, or agent of a constituent unincorporated association for an obligation of the unincorporated association.
CA Corp Code § 18390
If, as a consequence of merger, a surviving entity succeeds to ownership of real property located in this state, the surviving entity s record ownership of that property may be evidenced by recording in the county in which the property is located a copy of the agreement of merger that is signed by the president and secretary or other comparable officers of the constituent entities and is verified and acknowledged as provided in Sections 149 and 193.
ARTICLE 5 – Merger
CA Corp Code § 18400
A bequest, devise, gift, grant, or promise contained in a will or other instrument of donation, subscription, or conveyance that is made to a disappearing entity and that takes effect or remains payable after the merger inures to the benefit of the surviving entity. A trust obligation that would govern property if transferred to the disappearing entity applies to property that is instead transferred to the surviving entity under this section.
CHAPTER 6 – Governance
ARTICLE 6 – Dissolution,
CA Corp Code § 18410
An unincorporated association may be dissolved by any of the following methods:
(a) If the association s governing documents provide a method for dissolution, by that method.
(b) If the association s governing documents do not provide a method for dissolution, by the affirmative vote of a majority of the voting power of the association.
(c) If the association s operations have been discontinued for at least three years, by the board or, if the association has no incumbent board, by the members of its last preceding incumbent board.
(d) If the association s operations have been discontinued, by court order.
CA Corp Code § 18420
Promptly after commencement of dissolution of an unincorporated association, the board or, if none, the members shall promptly wind up the affairs of the association, pay or provide for its known debts or liabilities, collect any amounts due to it, take any other action as is necessary or appropriate for winding up, settling, and liquidating its affairs, and dispose of its assets as provided in Section 18130.