Davis-Stirling Common Interest Development Act
Also known as: Davis-Stirling Act, Civil Code 4000-6150
The Davis-Stirling Common Interest Development Act is the comprehensive California statute governing all common interest developments (CIDs), codified in Civil Code Sections 4000 through 6150. Originally enacted in 1985 and named after its authors, Assemblyman Lawrence Stirling and Senator Larry Davis, the Act was reorganized and renumbered effective January 1, 2014 to improve readability. It applies to all four types of CIDs: condominium projects, planned developments, stock cooperatives, and community apartment projects. The Act covers virtually every aspect of HOA governance and operations, including board elections and voting procedures (Sections 5100-5145), open meeting requirements (Sections 4900-4955), assessment levying and collection (Sections 5600-5740), financial reporting and reserve studies (Sections 5500-5580), architectural review, rule enforcement and discipline (Sections 5850-5870), record-keeping and member access to records (Sections 5200-5240), insurance obligations, and dispute resolution through both internal dispute resolution (Section 5900) and alternative dispute resolution (Section 5925). Major recent amendments include AB 2159 (electronic voting), SB 326 (balcony inspections), AB 3182 (rental restrictions), and SB 432 (insurance requirements). The Act is regularly updated by the California Legislature, making it essential for board members and managers to stay current with changes that take effect each January 1.
Example in Context
Before imposing a fine on a homeowner for a rule violation, the board must follow the hearing procedures outlined in Civil Code Section 5855 of the Davis-Stirling Act, including providing at least 10 days written notice and an opportunity to be heard.
State-Specific Notes
Frequently Asked Questions
Does the Davis-Stirling Act apply to all HOAs in California?
The Davis-Stirling Act applies to all common interest developments (CIDs) created with a recorded declaration, including condominiums, planned developments, stock cooperatives, and community apartment projects. It does not apply to commercial CIDs or to communities that are not organized as CIDs under California law, such as voluntary neighborhood associations without recorded covenants.
How often does the Davis-Stirling Act change?
The California Legislature amends the Davis-Stirling Act nearly every year, with new laws typically taking effect on January 1. HOA boards and managers should review legislative updates each fall to prepare for compliance with new requirements. Industry organizations such as CAI and ECHO publish annual legislative summaries to help associations stay current.