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CASE LAW




Because the community association industry in California is relatively young and unsettled and the Davis-Stirling Act is not always clear, there has been a great deal of litigation over the respective rights and responsibilities of associations and members.

As a result, courts regularly make important rulings that clarify ambiguities in the law. Most cases are decided in the Court of Appeals but a number of them have made it to California's Supreme Court.

The index on the left is a list of some of the more significant cases* that impact community associations in California. For a list of new statutes and case law by year, see new laws.

  
  Cang Le, Esq.
  ADAMS | STIRLING
  A Professional Law Corporation

*The list of cases on our website is not exhaustive and some rulings have been revised by subsequent cases. Attorneys should check the current status of cases before citing or otherwise relying on cases posted on our website.

TERMINOLOGY

A decree is a judgment by a court of equity, admiralty, divorce, or probate granting relief to a party. A decree is also referred to as a judgment.

A judgment is a court's final determination of the rights and obligations of the parties.

An opinion is a court's statement of relevant facts, applicable points of law, and reasoning that led to the court's decision.

An order is issued by a court requiring a person to do or not do something.

A ruling is the outcome of a court's decision, whether on some particular point of law (such as the admissibility of evidence) or on the case as a whole. A ruling may lead to an order.

A verdict is delivered by a jury, which decides whether the evidence satisfies the elements of a claim.

ASSISTANCE: Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.

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