The Davis-Stirling Act

The Davis-Stirling Common Interest Development Act provides a comprehensive legal framework for governing California’s homeowners associations. Assemblyman Larry Stirling authored the Act, which went into effect on January 1, 1986. The DSA defines the four kinds of residential associations, creates a hierarchy of governing documents, establishes ownership rights and responsibilities, imposes maintenance duties, defines protected uses, addresses elections and governance, protects finances, and addresses dispute resolution and rule enforcement. Common interest developments have an interesting history leading up to the Davis-Stirling Act. 

The Act Applies Retroactively

The 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 before the enactment of the Davis-Stirling Act, the Act applies to common interest developments in existence before 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)

2014 Reorganization of the Act
 

The Davis-Stirling Act was reorganized and recodified in 2014. Most of the changes were non-substantive. When trying to interpret an ambiguous part of the Act, check what the CLRC considered, especially if something was changed. The main page for the study is: clrc.ca.gov/H855.html. The overview of all CID-related studies is available at clrc.ca.gov/HCID.html. The 2010 recommendation is a good place to start because it shows the CLRC comments on each statutory section. The main recommendation was published in 2010. It was changed over the next three years in response to public comments. The CLRC’s comments and decisions are reflected in the Committee’s minutes and staff recommendations.

Older Versions of the Act
 

• Original 1985 Davis-Stirling Act
• The 2013 Davis-Stirling Act

ASSISTANCE: Associations needing legal assistance can contact us. Stay current with community association issues by subscribing to the Davis-Stirling Newsletter.