Findhoalaw resource for california hoa law and condo law. What hoas need to know about the davisstirling act. The bill also revises and recasts provisions regarding notices and their delivery, standardizes terminology, establish guidelines on the relative authority of governing documents, and establish a single procedure for amendment of a common interest declaration. Prelminary provisions 4000 title 4005 effect of headings 4010 application of act 4020 construction of zoning ordinance 4035 document delivery to association 4040 notice or delivery to. Due to growing length and complexity of the davisstirling act, the california law revision commission, under the leadership of attorney brian hebert, reorganized and renumbered the act into civil code 4000. Developments that are limited to commercial andor industrial purposes only are governed by the commercial and industrial common interest development act.
Complete davis stirling code california homeowners association. This booklet contains the 2017 davisstirling act which adds all the amendments enacted during the 2016 legislative session. Prior to the adoption of the davisstirling act in 1985, there were a myriad of statutes. A residential association must make its accounting books, minutes of proceedings and records. The davisstirling act states that no condo association can prohibit a unit owner from keeping at least. Senator bob wieckowski originally presented new civil code section 4515 to californias legislature as senate bill 407. Hoas are required by law to be operated in accordance with the davisstirling act. Once a bill has been approved by both houses of the legislature the assembly and senate and signed by the governor, a bill becomes a statute or statutory law.
The davisstirling act has an awful lot of dos and donts. You can purchase desk copies of the civil code and corporations code from westlaw and peruse the davis stirling act found at. In addition to authoring the davisstirling act that bears his name, mr. Use the links below to download a digital copy of our community association law resource book or use the form below to request any of our other publications. Division, part, title, chapter, and section headings do not. We have again included the crossreference conversion tables for both the pre and postjanuary 1, 2014 versions of the act in appendix a of this booklet to assist those of us who are still learning the location of the statutes under the current numbering system. Additionally, he authored two books, leading at a higher level, a book on public administration reform, and asked and answered, a book on practical courtroom evidence. Stirling authored over 200 pieces of legislation and two state constitutional amendments. This booklet contains the 2017 davisstirling act which adds all the amendments enacted. Currently the davisstirling act contains requirements found in civil code section 5105 that common interest owner associations adopt rules that will help ensure the fair conduct of association elections.
Contact the california hoa for help with community. This book is a plain english version of the main statutory body of law that regulates common interest developments in california called the davis stirling act. A recent revision of the law in 2014 sought to clarify for hoa boards and homeowners what is expected of each other. This act was completely renumbered and reorganized, and codified in california civil code in january 2014. Prior to the adoption of the davisstirling act in 1985, there were a myriad of statutes pertaining to homeowners associations, but in piecemeal throughout the entire ca civil code book. Where else can you get a plain english version of this act. What happens when boards violate the davisstirling act. This part shall be known and may be cited as the davisstirling common interest development act. This booklet contains the 2015 davis stirling act which adds all the amendments enacted during the 2014 legislative session.
In its 32nd year of publication, the condominium bluebook for california is a comprehensive guide to the davisstirling act, renumbered and revised, and all the relevant laws that govern condominiums and planned developments. The davisstirling common interest development act the davisstirling act is the body of california law which has governed california common interest developments for more than twentyfive years. The davisstirling common interest develop act, or the davisstirling act, is the primary set of laws that govern common interest developments cids and homeowners associations hoas in california. By david swedelson and cyrus koochek, community association attorneys at swedelsongottlieb since the old davisstirling act was made into law in 1985, there has been a small debate over whether an owner or their association is responsible for temporary relocation costs incurred when owners in a common interest development are required to vacate their units or homes for common area repairs. Law resource book may be included solely in our digital version to allow for new. Oct 16, 2015 in addition to authoring the davisstirling act, while serving in the state legislature mr. The davisstirling common interest development act calif. The davis stirling common interest development act is the popular name of the portion of the california civil code beginning with section 4000, which governs condominium, cooperative, and planned unit development communities in california. The davisstirling website is the largest of its kind in the industry, with thousands of pages of content.
The davis stirling common interest development act act is getting a facelift. Written in a clear and concise manner by an expert on condominium law, this. Our epsten, apc community association law resource book contains current laws. Ab 805 takes effect on january 1, 2014, and comprehensively reorganizes and recodifies the davis stirling common interest development act.
The common interest development manager, common interest development management firm, or its contracted thirdparty agent shall facilitate the delivery of disclosures required pursuant to paragraph 1 of subdivision a, paragraph 2 of subdivision b, and subdivision d, of section 4530 if the common interest development manager, or common interest development management firm, is. Amendment of governing documents to reflect changes in the davisstirling common interest development act. The davisstirling act see index on the left governs residential and mixeduse common interest developments. The awardwinning, number one resource for the davisstirling act and its application to community associations. In 2012, the davis stirling act was rewritten in order to better organize and simplify the regulations. Currently the davis stirling act contains requirements found in civil code section 5105 that common interest owner associations adopt rules that will help ensure the fair conduct of association elections. The davisstirling act is a multifaceted california law that regulates homeowners associations by serving as a lengthy list of dos and donts. This article addresses the key changes made to the davisstirling act and advises. The davisstirling act is comprised of approximately 200 statutes and provides statutory guidance for the management and. What hoas need to know about the davisstirling act scott. Each year from act s passage, the legislature amended, revised and added to the numerous provisions of the act.
Davisstirling common interest development act civil code 4000 6150 looking for the old code sections. The davis stirling act in plain english book dsa the davis stirling act in plain english book this book is just that. California law prohibits condo deed restrictions against keeping pets. In a provision of this part, the part may be referred to as the act. The act is called the davis stirling common interest development. Leading at a higher level, a book on public administration reform, and asked and answered, a book on practical courtroom evidence. The davis stirling common interest develop act, or the davis stirling act, is the primary set of laws that govern common interest developments cids and homeowners associations hoas in california. The davis stirling act was originally passed into law in 1985 with the purpose of creating, governing and guiding community associations. The davis stirling act see index on the left governs residential and mixeduse common interest developments. This article addresses the key changes made to the davis stirling act and advises. Davisstirling act category archives page 2 of 11 hoa. The amount of money allocated to each reserve study line item should be adhered to by the board, even if the board members think those structures can wait a few more years. Tenants rights in california condo association home. Section headings division, part, title, chapter, and section headings do not in any manner affect the scope, meaning, or intent of this title.
Davisstirling common interest development act, hoa. Complete davis stirling code california homeowners. Homeowners have relied on this resource book and buy a new copy every year to. Larry stirling and enacted in 1985 by the california state legislature. Newsletter the highlyacclaimed weekly newsletter that mixes humor with answers to questions submitted by readers. The davisstirling common interest development act is the popular name of the portion of the california civil code beginning with section 4000, which governs condominium, cooperative, and planned unit development communities in california. Planning for the future the restated davisstirling cid act. We are pleased to report that, in 2019, the site logged more than one million unique user sessions and over 6. This title shall be known and may be cited as the davisstirling common interest development act.
Effective january 1, 2018, civil code section 4515 was added to the davisstirling act to protect certain rights of political speech and peaceful assembly within the boundaries of a common interest development. Part i of this booklet contains the text of the davis stirling act in its entirety. In 2012, the davisstirling act was rewritten in order to better organize and simplify the regulations. The davis stirling act serves as the primary set of laws governing the daytoday activities of community associations. The davisstirling act calls for a reserve study analysis with physical inspection every 23 years. Notice of san francisco bay conservation and development commission jurisdiction. Davis stirling act provides the legal framewor k within which the affairs of residential common interest developments must be conducted. In its 32nd year of publication, the condominium bluebook for california is a comprehensive guide to the davis stirling act, renumbered and revised, and all the relevant laws that govern condominiums and planned developments. Davis stirling common interest development act 2017 edition by susan hawks mcclintic, nancy. Davisstirling act provides the legal framewor k within which the affairs of residential common interest developments must be conducted. The davisstirling act was originally passed into law in 1985 with the purpose of creating, governing and guiding community associations. Today, the stirlingdavis act offers straightforward laws so that hoas can avoid ambiguity, acting with intelligibility and precision.
Davisstirling common interest development act wikipedia. The davisstirling act states that the governing documents cannot prevent unit owners from keeping pets. Davisstirling act the body of california civil code sections governing hoas misc. The davis stirling act in plain english the condo guru. Part i of this booklet contains the text of the davisstirling act in. A separate publication of the davisstirling cid act is also available for. Davis sterling act california hoa collection services.
The only plain english version of the law available to the public that regulates condos, townhomes and single family homes sharing amenities in california. The davisstirling act serves as the primary set of laws governing the daytoday activities of community associations. It is a onestop shop for trhe davis stirling act, corporation cod, dre regulations, civil codew, labor code, and vehicle code. Davis stirling act california hoa collection services. The davisstirling common interest development act is the popular name of the portion of the california civil code beginning with section 4000, which governs. Bills proposed changes to the law are introduced into the legislature in sacramento.
After years of amendments and revisions, the entire act was recodified, effective january 1, 2014. The davisstirling common interest development act the davisstirling act is the body of california law which has governed. Davisstirling act archives page 2 of 23 findhoalaw. Today, the stirling davis act offers straightforward laws so that hoas can avoid ambiguity, acting with intelligibility and precision. Index of topics of the davisstirling act, homeowner association law.
First adopted in 1986 as an amalgamation of existing statutes governing common interest developments cids, the act has since had more than 225 provisions added, repealed and oftamended. Today, the act is considered misshapen, difficult to navigate and poorly. The davis stirling website is the largest of its kind in the industry, with thousands of pages of content. The awardwinning, number one resource for the davis stirling act and its application to community associations.