- CHAPTER 1. GENERAL PROVISIONS
- Article 1. Preliminary Provisions
- 4000 – Short Title
- 4005 – Headings
- 4010 – Continuation of Prior Law
- 4020 – Local Zoning Ordinances
- 4035 – Delivery of Documents to Association
- 4040 – Individual Delivery/Individual Notice
- 4041 - Process for Updating Owner Addresses
- 4045 – General Delivery/General Notice
- 4050 – Effective Date of Delivery
- 4055 – Electronic Delivery
- 4065 – Majority Approval of Members, Defined
- 4070 – Approval by a Majority of a Quorum, Defined
- Article 2. Definitions
- 4075 – Application of Definitions
- 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”
- Article 1. Preliminary Provisions
- CHAPTER 2. APPLICATION OF ACT
- CHAPTER 3. GOVERNING DOCUMENTS
- Article 1. General Provisions
- Article 2. Declaration
- Article 3. Articles of Incorporation
- Article 4. Condominium Plan
- Article 5. Operating Rules
- CHAPTER 4. OWNERSHIP RIGHTS AND TRANSFER OF INTERESTS
- Article 1. Ownership Rights and Interests
- Article 2. Transfer Disclosure
- Article 3. Transfer Fee
- Article 4. Restrictions on Transfer
- Article 5. Transfer of Separate Interest
- CHAPTER 5. PROPERTY USE AND MAINTENANCE
- Article 1. Protected Uses
- 4700 – Limits on Association's Authority to Regulate Use of Separate Interest
- 4705 – Display of United States Flag
- 4706 - Religious Icons
- 4710 – Display of Noncommercial Signs or Flags
- 4715 – Pet Restrictions
- 4720 – Fire Retardant Roofs
- 4725 – Satellite Dishes, Video or Television Antenna
- 4730 – Marketing of Owner's Separate Interest
- 4735 – Use of Low Water-Using Plants
- 4736 - Pressure Washing
- 4740 – Rental Restrictions
- 4741 – Rental Restrictions
- 4745 – Electric Vehicle Charging Stations
- 4745.1 - EV Dedicated TOU Meters
- 4746 - Solar Energy System
- 4747 - Floor Ratio Standards
- 4750 - Personal Agriculture
- 4751 - Accessory Dwelling Units
- 4753 - Clotheslines
- Article 2. Modification of Separate Interest
- Article 3. Maintenance
- Article 1. Protected Uses
- CHAPTER 6. ASSOCIATION GOVERNANCE
- Article 1. Association Existence and Powers
- Article 2. Board Meeting
- 4900 – Common Interest Development Open Meeting Act
- 4910 – No Action on Business Outside of Board Meeting
- 4920 – Notice of Board Meeting
- 4923 – Emergency Board Meeting
- 4925 – Member Attendance Allowed at Board Meeting
- 4930 – Board Discussion Restricted to Agenda Items
- 4935 – Executive Session Board Meeting
- 4950 – Availability of Board Meeting Minutes
- 4955 – Civil Action for Violation of Open Meeting Act
- Article 3. Member Meeting
- Article 4. Member Election
- 5100 – Elections Required to Be Held by Secret Ballot
- 5103 - Vote by Acclamation
- 5105 – Election Rules Required
- 5110 – Inspector of Elections
- 5115 – Secret Ballot Process
- 5120 – Secret Ballot Tabulation; Publication of Results
- 5125 – Secret Ballot Retention
- 5130 – Proxies
- 5135 – Use of Association Funds for Campaign Purposes Prohibited
- 5145 – Civil Action for Violation of Secret Ballot Election Statutes
- Article 5. Record Inspection
- 5200 – “Association Records”
- 5205 – Inspection and Copying of Association Records
- 5210 – Making Association Records Available
- 5215 – Permitted Redaction of Association Records
- 5216 - Safe at Home
- 5220 – Membership Right to Opt Out of Sharing Information
- 5225 – Denial of Membership List Request
- 5230 – Commercial Use of Association Records Prohibited
- 5235 – Civil Action to Enforce Access to Records
- 5240 – Applicability to Community Service Organization
- Article 6. Recordkeeping
- Article 7. Annual Reports
- Article 8. Conflict of Interest
- Article 9. Managing Agent
- Article 10. Government Assistance
- Article 11. Emergency Powers and Procedures
- CHAPTER 7. FINANCES
- Article 1. Accounting
- Article 2. Use of Reserve Funds
- Article 3. Reserve Planning
- CHAPTER 8. ASSESSMENTS AND ASSESSMENT COLLECTION
- Article 1. Establishment and Imposition of Assessments
- Article 2. Assessment Payment and Delinquency
- 5650 – Delinquent Assessments; Fees, Costs, and Interest Charged
- 5655 – Payments First Applied to Assessments Owed
- 5658 – Payment Under Protest; Small Claims Court Option
- 5660 – Notice of Intent to Lien
- 5665 – Payment Plans
- 5670 – Dispute Resolution Offer Prior to Recording Lien
- 5673 – Board Decision to Record Lien Required
- 5675 – Required Elements of Lien for Delinquent Assessment
- 5680 – Priority of Lien
- 5685 – Recording of Lien; Lien Release; Notice of Rescission
- 5690 – Failure to Follow Procedures
- Article 3. Assessment Collection
- 5700 – Enforcement of Lien by Sale
- 5705 – Offer to Participate in Alternative Dispute Resolution Prior to Recording Lien; Foreclosure Requirements
- 5710 – Trustee Sale; Notice of Default; Limit on Fees
- 5715 – Right of Redemption
- 5720 – Assessment Collection Through Foreclosure
- 5725 – Distinction Between Monetary Charge and Monetary Penalty re: Enforcement by Lien
- 5730 – Notice of Assessment Collection Rights
- 5735 – Assignment of Right to Collect Assessments
- 5740 – Applicability to Liens Created on or After January 1, 2003
- CHAPTER 9. INSURANCE AND LIABILITY
- CHAPTER 10. DISPUTE RESOLUTION AND ENFORCEMENT
- Article 1. Discipline and Cost Reimbursement
- Article 2. Internal Dispute Resolution
- Article 3. Alternative Dispute Resolution Prerequisite to Civil Action
- 5925 – “Alternative Dispute Resolution” and “Enforcement Action”
- 5930 – Prerequisite to Filing an Enforcement Action
- 5935 – Service of Request for Resolution
- 5940 – Time Limit on Completion of Alternative Dispute Resolution; Sharing of Costs
- 5945 – Tolling of Time Limit on Commencement of Enforcement Action
- 5950 – Certificate of Compliance
- 5955 – Stay of Action During Alternative Dispute Resolution
- 5960 – Consideration of Refusal to Participate in Alternative Dispute Resolution
- 5965 – Annual Distribution of Summary of Alternative Dispute Resolute Provisions
- Article 4. Civil Action
- CHAPTER 11. CONSTRUCTION DEFECT LITIGATION
Davis Stirling Act
The Davis-Stirling Common Interest Development Act, commonly known as the Davis-Stirling Act, is the section of the law that specifically regulates community associations. The first California community association statutes, sections 1350-1374, were passed in 1985 ("old code"). In 2014, the Davis-Stirling Act was reorganized and recodified, replacing the "old code" with sections 4000-6150.
The Davis-Stirling Act applies to all community associations, regardless of when they were developed. The intention of the Davis-Stirling Act is to provide safeguards for members within community associations and to allow for self-governance by an elected board. The Davis-Stirling Act includes regulation on many issues, including finances, insurance, elections, communication with members, dispute resolution, and operations.