The Davis-Stirling Act is organized into the following eleven Chapters:Įach chapter is further subdivided into as many as ten articles, and each article includes varying numbers of individual sections. Prevent homeowners from gardening ( §4750). Prohibit the rental of homes in the community ( §4740), or Importantly, the Davis-Stirling limits the power of an HOA to (among other things) restrict: Veto rule changes proposed by the board ( §4365),ĭisplay the U.S. Peacefully assemble politically ( §4515), For example, the statute expressly acknowledges residents’ right to: Where the Davis-Stirling Act is somewhat unique is the level of detail and specificity the law goes into when defining the relative powers and rights of the parties. Like most state HOA laws, Davis-Stirling empowers association boards to take a variety of actions on behalf of the community, places limitations on board members and officers, and protects certain rights of homeowners. Among many other things, the law sets forth standards for board elections, association and board meetings, transfer of property interests, elections and voting within communities, budgeting and assessments, record keeping and inspection, and association reporting. In general, Davis-Stirling governs the creation and planning of new common interest developments and the formation and operation of HOAs and other community associations. Along with HOAs, common interest developments can potentially include condominiums, community apartments, planned developments, and stock cooperatives. Initially passed in 1985, Davis-Stirling has been frequently amended since and addresses nearly every aspect of an HOA’s existence and operation.ĭavis-Stirling applies to residential “common interest developments” located within the State of California and the associations formed to manage them. Code §§4000 – 6150), governs HOAs in California. The Davis-Stirling Common Interest Development Act (Cal. However, for California homeowners who want a better understanding of their legal rights and responsibilities as members of an HOA or condo association, a review of Davis-Stirling is a great place to start. With well over 200 individual code sections, Davis-Stirling’s volume alone can be daunting. Compared to most other jurisdictions’ HOA-specific laws, the California version is much more in-depth and detailed. ![]() Although it would be nearly impossible to compile a list of every law that might potentially apply to a community association, there are some that come up much more frequently than others.įor California associations-including homeowners’ associations (HOAs), condominium associations, and residential co-ops-fair housing and debt collection laws and the Davis-Stirling Act are at the top of the list.Īs California’s state statute specifically regulating “common interest developments,” the Davis-Stirling Act presents a uniquely comprehensive legal framework for associations in California.
0 Comments
Leave a Reply. |
Details
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |