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CHAPTER 1.
GENERAL PROVISIONS

Article 1. Preliminary Provisions

4000 Title
4005 Effect of Headings
4010 Application of Act
4020 Zoning Ordinances
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
4070 Approval by Majority of a Quorum

Article 2. Definitions

4075 Definitions Govern
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 Developments
4201 Not Applicable if No Common Area
4202 Commercial & 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 Amendments 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 Condo Plan

 Article 5. Operating Rules

4340 Operating Rule Defined
4350 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
4515 Assembly, Flyers, Social Media

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 Condo Project
4620 Lien; Notice to Members

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 Regulation of Separate Interests
4705 Display of U.S. Flag
4706 Display of Religious Symbols on Doors
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
4739 Lease Restrictions
4740 Limitation on Rental Prohibitions
4741 Permissible Rental Prohibitions & Restrictions
4745 Electric Vehicle Charging Stations
4745.1 EV-Dedicated TOU Meters
4746 Solar Panels on Roofs
4750 Personal Agriculture
4751 Accessory Dwelling Units
4753 Clotheslines

Article 2. Modification of Separate Interest

4760 Improvements to Separate Interest
4765 Architectural Review

Article 3. Maintenance

4775 Maintenance Responsibility
4777 Pesticide Application Notice
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 Meetings
4920 Notice of Board Meetings
4923 Emergency Board Meetings
4925 Open Meetings; Open Forum
4926 Virtual Board & Membership Meetings
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 Requiring Secret Balloting
5103 Election by Acclamation
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 Assn Records & Enhanced Records
5205 Inspection of Records
5210 Time Periods for Producing Records
5215 Redacting Information
5216 Safe at Home Program
5220 Membership List Opt Out
5225 Membership List Requests
5230 Restriction on Use of Records
5235 Enforcement of Inspection Rights
5240 Article Supersedes Corp 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 to Members

Article 8. Conflict of Interest

5350 Prohibited Actions by Directors

Article 9. Managing Agent

5375 Managing Agent Disclosure
5375.5 Manager Conflict of Interest
5376 Manager to Deliver Documents
5380 Depositing Association Funds
5385 Employee Not Managing Agent

Article 10. Government Assistance

5400 Director Training Course
5405 Common Interest Registry  

Article 11. Emergency Powers and Procedures

5450 State of Emergency Powers & Procedures  

CHAPTER 7.
FINANCES

 

Article 1. Accounting

5500 Board Review of Finances
5501 Meeting Financial Review Requirements
5502 Approval Requirements for Large Transfers

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
5551 Balcony Inspections
5560 Reserve Funding Plan
5565 Summary of Association Reserves
5570 Reserve Funding Disclosure Form
5580 Community Service Organization

CHAPTER 8.
ASSESSMENTS & COLLECTIONS

 

Article 1. Establish & Impose 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
5806 Fidelity Bond Requirements
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 Authority to Impose Penalties
5875 Enforcement During Declared Emergencies

Article 2. Internal Dispute Resolution

5900 Applicability to Disputes
5905 Procedure for Resolving Disputes
5910 Minimum Requirements for IDR
5910.1 IDR Prior to Litigation
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
5986 Authority to Bring Suit

CHAPTER 11.
CONSTRUCTION DEFECT LITIGATION

 

6000 Prelitigation Procedures
6100 Notice of Settlement Agreement
6150 Notice of Civil Action Against Declarant
 

 

The Davis-Stirling Act


The Davis-Stirling Common Interest Development Act applies to common interest developments in California, including condominiums, townhomes, planned developments, and any other community with shared common areas and facilities. The Act was restated effective January 1, 2014. Developments limited to commercial and/or industrial purposes are governed by the Commercial and Industrial Common Interest Development Act.

Applies Retroactively to all Common Interest Developments


The Davis-Stirling Act applies to all residential common interest developments in California, including those in existence prior to the Act. “[The Davis-Stirling] Act governs common interest developments that predate its enactment.” (Nahrstedt v. Lakeside Village (1994) 8 Cal.4th 361, fn. 8.) “Although Villa De Las Palmas was created prior to the enactment of the Davis-Stirling Act, the Act applies to common interest developments in existence prior to its enactment.” (Villa De Las Palmas v. Terifaj (2004) 33 Cal.4th 73, 95, fn.2.) “The Davis-Stirling Act by its own terms applies to all common interest developments, even those that were created before the Act was adopted.” (Bear Creek v. Edwards (2005) 130 Cal.App.4th 1470, 1480.)

Older Versions of the Act
 

RELATED TOPICS
    California Law Revision Commission
    Conflicts Re the Law & Governing Documents
    Proper Terminology
    Rules of Interpretation 
    History of the Davis-Stirling Act
 
 

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Adams Stirling PLC