my homeowners association have to update its documents to conform to
the 2014 Civil Code changes including references to past Civil Code
You may need to update
your documents for other reasons--because they are out of date, badly written, contain
Declarant language, are ambiguous about maintenance duties, etc. but
restating your documents for the sole reason of changing Civil Code numbering is admirable but not necessary.
The most noticeable change in the Davis-Stirling Act is the
renumbering. The current Act is found in sections 1350 to 1378 of the
Civil Code. The rewrite moves everything to sections 4000 to 6150 of the
Civil Code. For example, Civil Code §1350 becomes §4000 starting
January 1, 2014. If your CC&Rs and bylaws refer to the old numbering
system, there is no legal requirement that you switch to the new
numbering system. However, there will likely be other more compelling reasons for updating your documents.
If your documents are new and otherwise in good shape, except for outdated Civil Code references, all you need is a conversion chart to find the new numbers. Charts can
be found on many law firm websites, including my own (see Conversion Chart
You can download and distribute our chart to the membership and include
it in escrows for new owners. That should allay any angst about the new
If your governing documents need updating to get rid of legalese, eliminate confusing declarant language, include disclosure requirements and Open Meeting provisions, then renumbering references to the Civil Code make sense.
: Associations needing legal assistance can contact us
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