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HomeCivil CodeDiv. 4Pt. 5Ch. 10Art. 4§ 5985 Association Comparative Fault Reduction

§ 5985 Association Comparative Fault Reduction

Civil Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 5985 Association Comparative Fault Reduction

Key Takeaways

  • •If a group (like a homeowners association) sues someone for damages, the money they get can be reduced if they were partly to blame.
  • •The group can't be sued separately just for being partly at fault if only their members were hurt.
  • •Even if the group isn't part of the lawsuit anymore, the other side can still say the group was partly to blame to reduce what they have to pay.
  • •This rule doesn't change other laws about who is responsible for damages.

Example

A homeowners association sues a contractor for damaging the clubhouse roof during repairs. But the association didn't maintain the roof properly, making the damage worse.

The contractor can say the association is partly to blame because they didn't take care of the roof. If the court says the association is 30% at fault, they'll get 30% less money from the contractor.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 5985 Association Comparative Fault Reduction

(a) In an action maintained by an association pursuant to subdivision (b), (c), or (d) of Section 5980, the amount of damages recovered by the association shall be reduced by the amount of damages allocated to the association or its managing agents in direct proportion to their percentage of fault based upon principles of comparative fault. The comparative fault of the association or its managing agents may be raised by way of defense, but shall not be the basis for a cross-action or separate action against the association or its managing agents for contribution or implied indemnity, where the only damage was sustained by the association or its members. It is the intent of the Legislature in enacting this subdivision to require that comparative fault be pleaded as an affirmative defense, rather than a separate cause of action, where the only damage was sustained by the association or its members. (b) In an action involving damages described in subdivision (b), (c), or (d) of Section 5980, the defendant or cross-defendant may allege and prove the comparative fault of the association or its managing agents as a setoff to the liability of the defendant or cross-defendant even if the association is not a party to the litigation or is no longer a party whether by reason of settlement, dismissal, or otherwise. (c) Subdivisions (a) and (b) apply to actions commenced on or after January 1, 1993. (d) Nothing in this section affects a person’s liability under Section 1431, or the liability of the association or its managing agent for an act or omission that causes damages to another. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)

Last verified: January 21, 2026

Key Terms

associationliabilityindemnitydamagesportlegislaturedefendantlitigation

Related Statutes

  • § 6860 Association Damage Fault Reduction
  • § 5855 Member Discipline Meeting Notice
  • § 1708.85 Nonconsensual Intimate Image Distribution
  • § 1788.30 Debt Collector Liability Penalties
  • § 2778 Indemnity Contract Interpretation Rules

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Civil Code. Section 5985.
View Official Source