California Codes, Civil Code - CIV, Division 4 — General Provisions, Part 5 — Common Interest Developments, Chapter 9 — Insurance and Liability, Section 5805
(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 area 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, 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 that 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.
Notes
Limits tort claims arising solely from an owner's tenancy-in-common interest in common area to the association, rather than individual owners, when required general-liability insurance is maintained. Coverage must be at least $2,000,000 for developments with 100 or fewer separate interests and at least $3,000,000 for developments with more than 100 interests.
Use as reference
Lexinter.net | California Code, Civil Code - CIV § 5805 | https://laws.lexinter.net/codes/california/civil-code/division-4/part-5/chapter-9/section-5805