Go to Section 1365.7.



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.



Go to Section 1366.

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