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DAVIS-STIRLING ACT

 DAVIS-STIRLING ACT
Effective January 1, 2014
CHAPTER 1.
GENERAL PROVISIONS

Article 1. Preliminary Provisions
4000 Title
4005 Effect of Headings
4010 Application of Act
4020 Construction of Zoning Ordinance
4035 Delivery to Association
4040 Individual Delivery or Notice
4041 Member Contact Information
4045 General Delivery or Notice
4050 When Document is Deemed Delivered
4055 Electronic Delivery Requirements
4065 Approval by Majority of Members Defined
4070 Approval by Majority of a Quorum
Article 2. Definitions
4075 Applicability
4076 Annual Budget Report
4078 Annual Policy Statement
4080 Association
4085 Board
4090 Board Meeting
4095 Common Area
4100 Common Interest Development
4105 Community Apartment Project
4110 Community Service Organization
4120 Condominium Plan
4125 Condominium Project
4130 Declarant
4135 Declaration
4140 Director
4145 Exclusive Use Common Area
4148 General Notice
4150 Governing Documents
4153 Individual Notice
4155 Item of Business
4158 Managing Agent
4160 Member
4170 Person
4175 Planned Development
4177 Reserve Accounts
4178 Reserve Account Requirements
4185 Separate Interest
4190 Stock Cooperative
 CHAPTER 2.
APPLICATION OF ACT
4200 Applies to Common Interest Dev'l
4201 Not Applicable if No Common Area
4202 Commercial and Industrial Developments
 CHAPTER 3.
GOVERNING DOCUMENTS

Article 1. General Provisions
4205 Hierarchy of Document Authority
4210 Recording Relevant Information
4215 Liberal Construction of Documents
4220 Boundaries of Units
4225 Deletion of Unlawful Restrictions
4230 Deletion of Declarant Provisions
4235 Correction of Cross-Referencing
Article 2. Declaration
4250 Contents of Declaration
4255 Airport Influence Area Disclosures
4260 Amendment of Declaration Authorized
4265 Extending Term of Declaration
4270 Amendment Procedure
4275 Judicial Authorization of Amendments
Article 3. Articles of Incorporation
4280 Content of Articles of Incorporation
Article 4. Condominium Plan
4285 Condominium Plan Requirements
4290 Recording a Condominium Plan
4295 Amending-Revoking a Condominium Plan
 Article 5. Operating Rules
4340 Operating Rule Defined
4350 Requirements for Validity & Enforceability
4355 Application of Rulemaking Procedures
4360 Approval of Rule Change by Board
4365 Veto by Members
4370 Rule Changes after January 1, 2004
 CHAPTER 4.
OWNERSHIP & TRANSFER OF INTERESTS

Article 1. Ownership Rights and Interests
4500 Ownership of Common Area
4505 Ingress & Egress Rights
4510 Access to Separate Interest
Article 2. Transfer Disclosure
4525 Disclosure to Prospective Purchaser
4528 Document Disclosure Summary Form
4530 Documents Provided by Association
4535 Owner's Related Requirements
4540 Enforcement of Escrow Disclosures
4545 Validity of Title
Article 3. Transfer Fee
4575 Transfer Fee Limitation
4580 Exemption from Transfer Fee Limitations
Article 4. Restrictions on Transfer
4600 Grant of Exclusive Use
4605 Enforcement of §4600
4610 Partition of Condominium Project
4615 Lien for Work Performed in Condo Project
Article 5. Transfer of Separate Interest
4625 Community Apartment Project
4630 Condominium Project
4635 Planned Development
4640 Stock Cooperative
4645 Transfer of Exclusive Use Common Area
4650 Severability of Interests
 CHAPTER 5.
PROPERTY USE & MAINTENANCE

Article 1. Protected Uses
4700 Limits to Regulation of Separate Interests
4705 Display of U.S. Flag
4710 Display of Noncommercial Signs
4715 Pet Prohibitions
4720 Roofing Materials
4725 TV Antennas & Satellite Dishes
4730 Real Estate Marketing Restrictions
4735 Low Water-Using Plants
4736 Limitations on Pressure Washing
4740 Limitation on Rental Restrictions
4745 Electric Vehicle Charging Stations
4750 Personal Agriculture
4750.10 Clotheslines
Article 2. Modification of Separate Interest
4760 Improvements to Separate Interest
4765 Architectural Review
Article 3. Maintenance
4775 Maintenance Responsibility
4780 Wood-Destroying Pests
4785 Temporary Removal of Occupants
4790 Exclusive Use Telephone Wiring
 CHAPTER 6.
ASSOCIATION GOVERNANCE
Article 1. Association Existence and Powers
4800 Association as Manager
4805 Association's Corporate Powers
4820 Joint Neighborhood Association
Article 2. Board Meeting
4900 Open Meeting Act Title
4910 Board Action Outside of Meeting Prohibited
4920 Notice of Board Meetings
4923 Emergency Board Meetings
4925 Open Meetings; Open Forum
4930 Limitations on Meeting Content
4935 Executive Session
4950 Minutes
4955 Civil Action to Enforce Article
Article 3. Member Meeting
5000 Membership Meetings
Article 4. Member Election
5100 Elections that Require Secret Balloting
5105 Election Rules
5110 Inspector of Elections
5115 Voting Procedure
5120 Counting Ballots
5125 Custody of Ballots
5130 Proxies
5135 Association Funds in Campaigns
5145 Enforcement of Election Procedures
Article 5. Record Inspection
5200 Association Records & Enhanced Records
5205 Inspection of Records
5210 Time Periods for Producing Records
5215 Redacting Information
5220 Membership List Opt Out
5225 Membership List Request Requirements
5230 Restriction on Use of Records
5235 Enforcement of Inspection Rights
5240 Article Supersedes Corporations Code
Article 6. Record Keeping
5260 Requests That Must Be in Writing
Article 7. Annual Reports
5300 Annual Budget Report
5305 Review of Financial Statement
5310 Annual Policy Statement
5320 Delivery of Budget Report to Members
Article 8. Conflict of Interest
5350 Prohibited Actions by Directors
Article 9. Managing Agent
5375 Prospective Managing Agent Disclosure
5380 Depositing Association Funds
5385 Employee Not Managing Agent
Article 10. Government Assistance
5400 Director Training Course
5405 Common Interest Development Registry
CHAPTER 7.
FINANCES

Article 1. Accounting
5500 Board Review of Finances Required
Article 2. Use of Reserve Funds
5510 Two Signatures For Reserve Funds
5515 Borrowing Reserve Funds
5520 Using Reserve Funds for Litigation
Article 3. Reserve Planning
5550 Reserve Study Requirements
5560 Reserve Funding Plan
5565 Summary of Association Reserves
5570 Reserve Funding Disclosure Form
5580 Community Service Organization Report
CHAPTER 8.
ASSESSMENTS & ASSESSMENT COLLECTION

Article 1. Establishment & Imposition of Assessments
5600 Duty to Levy Assessments
5605 Assessment Approval Requirements
5610 Emergency Assessment Requirements
5615 Notice of Assessment Increase
5620 Assessments Exempt From Creditors
5625 Property Tax as Basis for Assessments
Article 2. Assessment Payment and Delinquency
5650 Late Charges and Interest
5655 Priority of Assessment Payments
5658 Payment Under Protest
5660 Pre-Lien Notice
5665 Payment Plan
5670 Pre-Lien Dispute Resolution
5673 Decision to Lien
5675 Notice of Delinquent Assessment
5680 Lien Priority
5685 Lien Release
5690 Procedural Noncompliance
Article 3. Assessment Collection
5700 Lien Enforcement Generally
5705 Decision to Foreclose
5710 Foreclosure Procedure
5715 Right of Redemption
5720 Limitations on Foreclosure
5725 No Foreclosure on Monetary Penalties
5730 Statement of Collection Procedure
5735 Limitation on Assignment and Pledge
5740 Liens After January 1, 2003
CHAPTER 9.
INSURANCE AND LIABILITY
5800 Limitation of Officer & Director Liability
5805 Limitation of Member Liability
5810 Notice of Change in Coverage
CHAPTER 10.
 DISPUTE RESOLUTION & ENFORCEMENT
Article 1. Discipline and Cost Reimbursement
5850 Schedule of Monetary Penalties
5855 Notice of Disciplinary Hearing
5865 on Authority to Impose Penalties
Article 2. Internal Dispute Resolution
5900 Applicability to Disputes
5905 Procedure for Resolving Disputes
5910 Minimum Requirements for IDR
5915 Default Meet & Confer Procedure
5920 Annual Notice of IDR Policy
Article 3. Alternative Dispute Resolution
5925 ADR Definitions
5930 ADR Prerequisite to Litigation
5935 Request for Resolution
5940 Time to Complete ADR Process
5945 Tolling of Statute of Limitations
5950 Certification of ADR Efforts
5955 Stay of Litigation for Dispute Resolution
5960 Attorney’s Fees
5965 Annual ADR Notice
Article 4. Civil Actions
5975 Enforcement of Governing Documents
5980 HOA Standing
5985 Comparative Fault
CHAPTER 11.
CONSTRUCTION DEFECT LITIGATION
6000 Prelitigation Procedures
6100 Notice of Settlement Agreement
6150 Notice of Civil Action Against Declarant

 
RELATED
 1.  Conflicts Between the Law and Governing Documents
 2.  Proper Terminology
 3.  Rules of Interpretation 
 
I should tell you again how much your newsletters are appreciated. Additionally, having links to related documents to provide clarity (or backup) is very helpful to the readers. The effort you make has good impact! -Steven S.

I love your newsletter. Who knew a lawyer could be so funny! -Jeanne M.

I don't want to miss your weekly newsletter. I look forward to them and have a special file for them for reference. -Helen N.

Both your website and Newsletter are amazing resources for those of us involved in HOAs. -Denyse B.

LOVE the newsletters--they're a big help to our little (37 unit) association. -Pamela D.

CONGRATULATIONS on another great newsletter. I was just introduced to your letter four months ago and wish I had known about it sooner. Keep up the good work, it's very much appreciated and very helpful. -Al. H

THANK YOU, THANK YOU, THANK YOU! -John L.

Read more: Newsletter Kudos http://www.davis-stirling.com/Newsletters/NewsletterKudos/tabid/2926/Default.aspx#ixzz2CWMbfeB7
from Davis-Stirling.com by Adams Kessler PLC. If your association needs legal assistance, call us at (800) 464-2817.

I should tell you again how much your newsletters are appreciated. Additionally, having links to related documents to provide clarity (or backup) is very helpful to the readers. The effort you make has good impact! -Steven S.

I love your newsletter. Who knew a lawyer could be so funny! -Jeanne M.

I don't want to miss your weekly newsletter. I look forward to them and have a special file for them for reference. -Helen N.

Both your website and Newsletter are amazing resources for those of us involved in HOAs. -Denyse B.

LOVE the newsletters--they're a big help to our little (37 unit) association. -Pamela D.

CONGRATULATIONS on another great newsletter. I was just introduced to your letter four months ago and wish I had known about it sooner. Keep up the good work, it's very much appreciated and very helpful. -Al. H

THANK YOU, THANK YOU, THANK YOU! -John L.

Read more: Newsletter Kudos http://www.davis-stirling.com/Newsletters/NewsletterKudos/tabid/2926/Default.aspx#ixzz2CWMbfeB7
from Davis-Stirling.com by Adams Kessler PLC. If your association needs legal assistance, call us at (800) 464-2817.

Adrian, I like your no-holds-barred, like-it-or leave it replies. As a manager who always has to try and give a politically correct response, you often say how I feel. I particularly liked: “Reading my newsletter is like watching a scary movie, sometimes you have to cover your eyes.” -C.T.

I had to scour the globe but I believe your useful, entertaining & well written newsletter rates right up there with the car club newsletter I receive from New Zealand. -Greg M.

Your newsletter is a hoot. I look forward to it every Sunday. -Norm S.

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