Civil Code Section 4000
Civil Code Section 4000 is the opening section of the Davis-Stirling Common Interest Development Act, the comprehensive statute that governs all homeowners associations in California. Section 4000 establishes the scope of the Act, stating that Sections 4000 through 6150 apply to every common interest development in the state regardless of when it was created. The Act is organized into chapters covering definitions (Sections 4075-4190), governing documents (Sections 4200-4370), ownership and transfer (Sections 4500-4580), association governance and operations (Sections 4700-4955), finances including assessments, budgets, and reserves (Sections 5300-5620), dispute resolution including IDR, ADR, and enforcement (Sections 5850-5985), and construction defect litigation procedures (Sections 6000-6150). For HOA board members and property managers, understanding that Section 4000 is the starting point of the entire Act is essential because virtually every operational decision — from how elections are conducted to how fines are imposed to what financial disclosures must be distributed — traces back to a specific section within this framework. The Davis-Stirling Act was recodified and reorganized in 2014 (effective January 1, 2014) from its original location in Civil Code Sections 1350-1378, so older governing documents and legal references may cite the prior section numbers. California has over 50,000 common interest developments governed by this Act, housing approximately six million residents.
Example in Context
When the newly elected board president asked which laws govern their 200-unit HOA, the association attorney explained that Civil Code Section 4000 is the starting point of the Davis-Stirling Act, and that Sections 4000 through 6150 cover everything from elections and assessments to dispute resolution and financial disclosures.
Related Terms
Frequently Asked Questions
Why do some HOA documents reference old Civil Code section numbers instead of 4000-6150?
The Davis-Stirling Act was recodified effective January 1, 2014, moving from Civil Code Sections 1350-1378 to the current Sections 4000-6150. Governing documents recorded before 2014 typically reference the old section numbers. While the old numbers are no longer active code, most provisions carried over with the same substance. Associations should update CC&R references during their next amendment cycle, and boards should use a cross-reference table when interpreting older documents.