Who does California §5805 apply to?

California §5805 applies to HOA associations in California.

What happens if our CID doesn't comply with §5805?

Non-compliance can expose the association and individual directors to disputes in the governing forum for California community associations. SoShiny's audit trail and documented workflows are designed to demonstrate good-faith compliance.

Where can I read the official text of California §5805?

The official text is published by the California Legislature at leginfo.legislature.ca.gov. The summary on this page is for plain-English reference only and is not legal advice.

California §5805

Limitation of member liability

Statute:: California §5805 · Chapter CIV-9 (Davis-Stirling Act Ch. 9 — Insurance and Liability)
Topic:: Member Rights · Member tort share
Applies to:: HOA associations

A member is not personally liable for damage caused by the association arising out of the common area, beyond the member's proportional share, if the association maintains the insurance this section requires.

member liability; common area; 5805; insurance

📄 Read the official text at leginfo.legislature.ca.gov →

How SoShiny helps with Limitation of member liability

SoShiny tracks every member, owner, and renter at the unit level with the contact details and access rights this statute protects. Privacy-respecting by default, with statutory directory disclosures and opt-outs handled per-member.

See the feature → Start free

Frequently asked

What does California §5805 require?: A member is not personally liable for damage caused by the association arising out of the common area, beyond the member's proportional share, if the association maintains the insurance this section requires.
Who does California §5805 apply to?: California §5805 applies to HOA associations in California.
What happens if our CID doesn't comply with §5805?: Non-compliance can expose the association and individual directors to disputes in the governing forum for California community associations. SoShiny's audit trail and documented workflows are designed to demonstrate good-faith compliance.
Where can I read the official text of California §5805?: The official text is published by the California Legislature at leginfo.legislature.ca.gov. The summary on this page is for plain-English reference only and is not legal advice.
How does SoShiny help with Limitation of member liability?: SoShiny tracks every member, owner, and renter at the unit level with the contact details and access rights this statute protects. Privacy-respecting by default, with statutory directory disclosures and opt-outs handled per-member. Learn more →

Not legal advice. This page is a plain-English summary of California §5805 prepared by SoShiny for board members and managers. For binding legal advice or interpretation, consult a California-licensed attorney. For the official statutory text, see the link above.

Free newsletter

Stay current on California association law.

Get the free quick-reference guide plus a heads-up when the statutes that govern your community change.

Don’t run your CID on spreadsheets.

Start your community free →