Davis-Stirling Act Compliance Requirements in Encinitas, California

What Is the Davis-Stirling Act?

The Davis-Stirling Common Interest Development Act (California Civil Code §§4000–6150) is the primary law governing homeowners associations, condominium associations and planned developments in California. It was comprehensively reorganized in 2014 and has been amended nearly every year since, including significant changes in 2024 and 2025.

Davis-Stirling covers most aspects of HOA governance: elections, meetings, finances, assessment collection, dispute resolution, architectural review, records and member communication. The association, acting through its board, is responsible for complying with it.

Key Compliance Areas for HOA Boards

Annual Disclosures (Civil Code §§5300 and 5310)

Every California HOA must distribute an annual budget report (§5300) and an annual policy statement (§5310), each 30 to 90 days before the end of its fiscal year. The budget report includes a pro forma operating budget, a reserve summary, an insurance summary, and a statement of whether special assessments are expected. The policy statement includes the person designated to receive official communications, the collection policy, any fine schedule, a summary of dispute resolution procedures, and the requirements for architectural approval.

Board Elections (Civil Code §§5100–5145)

HOA elections require secret ballots, one or three independent inspectors of elections, and a defined nomination and voting timeline. Ballots and the election rules must reach members at least 30 days before the election (§5105(h)(4)). Since January 1, 2025, AB 2159 lets an association adopt a rule to vote by electronic secret ballot through an internet-based system run by the inspector, with member authentication, except in elections on assessments (§§5105, 5110). Floor nominations are optional (§5105(g)), and are prohibited when electronic ballots are used.

Open Meeting Requirements (Civil Code §§4900–4955)

Members may attend board meetings except executive sessions (§4925). Notice of a board meeting, with the agenda, must be given at least four days ahead by general delivery (§§4920, 4045), such as posting at a location designated in the annual policy statement. Emergency meetings need no notice; a non-emergency meeting held only in executive session needs two days' notice. Executive session is limited to litigation, third-party contracts, member discipline, personnel, and a member's request to discuss assessment payments, and is required for payment plans and foreclosure decisions (§4935). Matters discussed there must be generally noted in the minutes of the next open meeting.

Assessment Collection (Civil Code §§5650–5740)

At least 30 days before recording a lien, the association must send a pre-lien notice by certified mail (§5660), and the board must approve the lien by majority vote in an open meeting (§5673). An association may record a lien on a smaller debt but cannot foreclose until delinquent assessments reach $1,800 or are more than 12 months delinquent (§5720). Late charges on assessments remain capped at 10% or $10, whichever is greater (§5650(b)(2)). AB 130, effective June 30, 2025, caps fines at $100 per violation, or at the amount in the association's published fine schedule if that is lower, and bars late charges or interest on fines (§5850). A higher fine is allowed only if it appears in the published schedule, the violation may harm health or safety in the common area or another member's property, and the board first makes a written finding at an open board meeting.

Record-Keeping and Inspections (Civil Code §§5200–5240)

Members may inspect association records, including financial records, minutes, the membership list and governing documents, for the current and previous two fiscal years; meeting minutes are open permanently (§5210(a)). Current-year records are due within 10 business days of a proper request and prior-year records within 30 calendar days (§5210(b)). The association may charge only the direct cost of copying and mailing, plus up to $10 per hour (maximum $200) for redacting enhanced records (§5205). If a court finds records were unreasonably withheld, it must award costs and attorney's fees and may impose a penalty of up to $500 per denied request (§5235).

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