The Davis-Stirling Act: California's Foundation for HOA Governance

What Is the Davis-Stirling Act?

Named after Assemblymember Richard Davis and Senator Tom Stirling, the Davis-Stirling Common Interest Development Act was originally enacted in 1985. It was comprehensively recodified in 2014 (effective January 1, 2014) and is now found in California Civil Code Sections 4000 through 6150.

The Act governs all common interest developments (CIDs) in California, including:

• Condominium projects

• Planned unit developments (PUDs)

• Stock cooperatives

• Community apartment projects

The Davis-Stirling Act establishes the legal framework for how HOAs are formed, governed, and operated. It covers everything from the creation of governing documents to the conduct of board meetings, member rights, assessment collection, enforcement of rules, and dispute resolution.§4000-4190): Boards have the power to adopt rules, levy assessments, manage common areas, and enforce the CC&Rs. However, boards must act within the authority granted by the governing documents and the Act.

Open Meeting Requirements (Civil Code §4900-4955): All regular board meetings must be open to members. The board must post an agenda at least 4 days in advance. Executive sessions are permitted only for limited topics (personnel, legal advice, member disputes, contract negotiations).

Member Rights to Records (Civil Code §5200-5240): Members are entitled to inspect a wide range of HOA documents, including financial records, minutes, membership lists, and governing documents, typically within 10 business days of request.

Assessment Collection (Civil Code §5600-5740): HOAs have the right to collect assessments through a lien on the member's property. Before recording a lien, the HOA must follow specific pre-lien notice requirements and offer the member a payment plan.

Dispute Resolution Under Davis-Stirling§5900-5910). An IDR offer must be responded to within 30 days.

Alternative Dispute Resolution (ADR): If IDR fails, the parties must attempt ADR (such as mediation or arbitration) before filing a civil lawsuit for most types of HOA disputes. A Request for Resolution must be served, and the other party has 30 days to accept or reject (Civil Code §5925-5965).

Litigation: If ADR is rejected or fails, either party may file a civil lawsuit. Under Civil Code §5975, the prevailing party in an enforcement action is entitled to recover reasonable attorney fees and costs.

Disciplinary Actions and Fines: The board may levy fines against members for violations of the CC&Rs or rules, but must first provide the member with written notice and an opportunity for a hearing before the board (Civil Code §5850-5865).