Davis-Stirling Common Interest Development Act
(Civil Code §§ 4000 – 6150)
Looking for the old code sections? See DAVIS-STIRLING ACT CONVERSION TABLE
CHAPTER 1. GENERAL PROVISIONS | |
Article 1. Prelminary Provisions | |
4000 | Title |
4005 | Effect of Headings |
4010 | Application of Act |
4020 | Construction of Zoning Ordinance |
4035 | Document Delivery to Association |
4040 | Notice or Delivery to Individuals |
4041 | Annual Notice of Owner Contact Information |
4045 | General Delivery or Notice |
4050 | Document Deemed Delivered |
4055 | Electronic Delivery |
4065 | Approval by Majority of Members Defined |
4070 | Approval by Majority of a Quorum Defined |
Article 2. Definitions | |
4075 | Applicability of Article Definitions |
4076 | “Annual Budget Report” Defined |
4078 | “Annual Policy Statement” Defined |
4080 | “Association” Defined |
4085 | “Board” Defined |
4090 | “Board Meeting” Defined |
4095 | “Common Area” Defined |
4100 | “Common Interest Development” Defined |
4105 | “Community Apartment Project” Defined |
4110 | “Community Service Organization or Similar Entity” Defined |
4120 | “Condominium Plan” Defined |
4125 | “Condominium Project” Defined |
4130 | “Declarant” Defined |
4135 | “Declaration” Defined |
4140 | “Director” Defined |
4145 | “Exclusive Use Common Area” Defined |
4148 | “General Notice” Defined |
4150 | “Governing Documents” Defined |
4153 | “Individual Notice” Defined |
4155 | “Item of Business” Defined |
4158 | “Managing Agent” Defined |
4160 | “Member” Defined |
4170 | “Person” Defined |
4175 | “Planned Development” Defined |
4177 | “Reserve Accounts” Defined |
4178 | “Reserve Account Requirements” Defined |
4185 | “Separate Interest” Defined |
4190 | “Stock Cooperative” Defined |
CHAPTER 2. APPLICATION OF ACT | |
4200 | Applicability of Act; Creation of CIDs |
4201 | Not Applicabile to Development without Common Area |
4202 | Not Applicable to Commercial or Industrial Developments |
CHAPTER 3. GOVERNING DOCUMENTS | |
Article 1. General Provisions | |
4205 | Hierarchy of Governing Documents |
4210 | Record Statement of Association Information |
4215 | Liberal Construction of Documents |
4220 | Boundaries of Units |
4225 | No Unlawful Restrictive Covenants |
4230 | Removal of Declarant Provisions |
4235 | Correction of Cross-Referencing in Documents |
Article 2. Declaration | |
4250 | Content of Declaration |
4255 | “Airport Influence Area” Disclosures |
4260 | Amendment to Declaration Permitted |
4265 | Amendment to Extend Term of Declaration |
4270 | Amendment Procedural Requirements |
4275 | Court Petition for Amendments |
Article 3. Articles of Incorporation | |
4280 | Content of Articles of Incorporation |
Article 4. Condominium Plan | |
4285 | Condominium Plan Requirements |
4290 | Condominium Plan Recording |
4295 | Amending or Revoking a Condominium Plan |
Article 5. Operating Rules | |
4340 | “Operating Rule” and “Rule Change” Defined |
4350 | Enforceability of Operating Rule |
4355 | Application of Rule-Making Procedures |
4360 | Notice of Rule Change |
4365 | Reversal of Rule Change by Members |
4370 | Application to Rule Changes after 2004 |
CHAPTER 4. OWNERSHIP & TRANSFER OF INTERESTS | |
Article 1. Ownership Rights & Interests | |
4500 | Ownership of Common Area |
4505 | Rights of Ingress and Egress |
4510 | Right of Access to Separate Interest |
4515 | Rights of Assembly and Non-Commercial Speech |
Article 2. Transfer Disclosure | |
4525 | Disclosures to Prospective Purchaser |
4528 | Document Disclosure Form |
4530 | Escrow Documents Provided by Association |
4535 | Owner’s Additional Transfer Requirements |
4540 | Enforcement of Escrow Disclosure Requirements |
4545 | Validity of Title to Real Property |
Article 3. Transfer Fee | |
4575 | Transfer Fees |
4580 | Exemption from Transfer Fee Restrictions |
Article 4. Restrictions on Transfer | |
4600 | Grant of Exclusive Use of Common Area |
4605 | Enforcement of Section 4600 |
4610 | Partition of Common Area in Condominium Project |
4615 | Mechanic’s Lien in Condominium Project |
4620 | Notice of Mechanic’s Lien |
Article 5. Transfer of Separate Interest | |
4625 | Transfer of Interest in Community Apartment Project |
4630 | Transfer of Interest in Condominium Project |
4635 | Transfer of Interest in Planned Development |
4640 | Transfer of Interest in Stock Cooperative |
4645 | Transfer of Exclusive Use Common Area |
4650 | Severability of Component Interests |
CHAPTER 5. PROPERTY USE & MAINTENANCE | |
Article 1. Protected Uses | |
4700 | Limits on Regulation of Separate Interests |
4705 | Display of U.S. Flag |
4706 | Display of Religious Items on Doors |
4710 | Display of Noncommercial Signs |
4715 | Pet Restrictions |
4720 | Roofing Materials and Repairs |
4725 | Television Antennas; Satellite Dishes |
4730 | Real Estate Marketing Restrictions |
4735 | Prohibitions on Low Water-Using Plants |
4736 | Limitations on Pressure Washing |
4739 | Rental of Portion of Separate Interest |
4740 | Rental Restriction Limitations |
4741 | Prohibitions on Rental Restrictions |
4745 | Electric Vehicle Charging Station Restrictions |
4745.1 | EV-Dedicated TOU Meters |
4746 | Solar Energy Systems on Common Area Roofs |
4750 | Personal Agriculture |
4751 | Accessory Dwelling Units |
4753 | Clothesline and Drying Rack Restrictions |
Article 2. Modification of Separate Interest | |
4760 | Improvement to Separate Interest |
4765 | Architectural Review Procedures |
Article 3. Maintenance | |
4775 | Association and Owner Maintenance Responsibilities |
4777 | Pesticide Application; Required Notice |
4780 | Wood-Destroying Pests |
4785 | Removal of Occupants for Pest Treatment |
4790 | Exclusive Use Telephone Wiring |
CHAPTER 6. ASSOCIATION GOVERNANCE | |
Article 1. Association Existence & Powers | |
4800 | Development Managed by Association |
4805 | Corporate Powers of Association |
4820 | Joint Association; Member Rights |
Article 2. Board Meeting | |
4900 | Open Meeting Act Title |
4910 | No Board Action Outside of Meeting |
4920 | Notice of Board Meetings |
4923 | Emergency Board Meetings |
4925 | Rights to Attend Open Meetings; Open Forum |
4926 | Meetings Entirely by Teleconference |
4930 | Limitations on Board Meetings |
4935 | Executive Session Meetings |
4950 | Minutes of Meetings |
4955 | Enforcement of Open Meeting Act |
Article 3. Member Meeting | |
5000 | Membership Meetings |
Article 4. Member Election | |
5100 | Elections Held by Secret Ballot |
5103 | Board Elections by Acclamation |
5105 | Election Rules Required |
5110 | Inspector of Elections Required |
5115 | Ballot and Voting Procedure |
5120 | Counting Ballots |
5125 | Custody of Ballots |
5130 | Proxies |
5135 | Association Funds in Election Campaigns |
5145 | Enforcement of Election Requirements |
Article 5. Record Inspection | |
5200 | “Association Records” and “Enhanced Association Records” |
5205 | Inspection of Association Records |
5210 | Time Periods for Production of Association Records |
5215 | Redacting Information from Association Records |
5216 | Safe at Home Program Participants |
5220 | Membership List Opt Out |
5225 | Request for Membership List; Requirements |
5230 | Misuse of Association Records |
5235 | Enforcement of Records Inspection Rights |
5240 | Article Supersedes Corporations Code |
Article 6. Record Keeping | |
5260 | Member Requests That Must be in Writing |
Article 7. Annual Reports | |
5300 | Annual Budget Report |
5305 | Review of Financial Statement |
5310 | Annual Policy Statement |
5320 | Delivery of Budget Report to Members |
Article 8. Conflict of Interest | |
5350 | Directors and Committee Members; Prohibited Actions |
Article 9. Managing Agent | |
5375 | Prospective Managing Agent Disclosure |
5375.5 | Manager Conflict of Interest Disclosure |
5376 | Manager Delivery of Escrow Documents |
5380 | Deposits of Association Funds |
5385 | Employee not “Managing Agent” |
Article 10. Government Assistance | |
5400 | Director Education Course |
5405 | State Common Interest Development Registry |
5450 | Meetings During Government Emergency |
CHAPTER 7. FINANCES | |
Article 1. Accounting | |
5500 | Board Review of Association Finances |
5501 | Financial Review Between Board Meetings |
5502 | Board Authorization of Financial Transfers |
Article 2. Use of Reserve Funds | |
5510 | Use of Reserve Funds; Withdrawal Requirements |
5515 | Transfer of Reserve Funds; Limitations and Requirements |
5520 | Reserve Funds for Litigation |
Article 3. Reserve Planning | |
5550 | Reserve Study Requirements |
5551 | Inspections of Exterior Elevated Elements |
5560 | Reserve Funding Plan |
5565 | Summary of Association Reserves |
5570 | Reserve Funding Disclosure Form |
5580 | Community Service Organization Report |
CHAPTER 8. ASSESSMENTS & ASSESSMENT COLLECTION | |
Article 1. Establishment & Imposition of Assessments | |
5600 | Duty to Levy Assessments |
5605 | Assessment Increases; Requirements and Limitations |
5610 | Emergency Assessments |
5615 | Notice of Assessment Increase |
5620 | Regular Assessments Exempt from Creditors |
5625 | Assessments Based on Tax Value of Separate Interests |
Article 2. Assessment Payment & Delinquency | |
5650 | Debt of Owner; Assessments, Late Charges, Collection Costs |
5655 | Priority of Assessment Payments; Receipts; Overnight Payment |
5658 | Payment Under Protest |
5660 | Pre-Lien Notice; Requirements |
5665 | Payment Plans; Requirements and Limitations |
5670 | Pre-Lien Dispute Resolution |
5673 | Decision to Lien for Delinquent Assessments |
5675 | Notice of Delinquent Assessment (Assessment Lien) |
5680 | Assessment Lien Priority |
5685 | Assessment Lien Release |
5690 | Procedural Noncompliance |
Article 3. Assessment Collection | |
5700 | Assessment Lien Enforcement Generally |
5705 | Decision to Foreclose Assessment Lien |
5710 | Assessment Lien Foreclosure Procedure; Trustee’s Fees |
5715 | Right of Redemption |
5720 | Limitations on Foreclosure of Assessment Lien |
5725 | Liens for Reimbursement Assessments, Monetary Penalties |
5730 | Notice of Collection Procedure in Annual Policy Statement |
5735 | Assignment or Pledge of Assessment Debt; Limitations |
5740 | Application to Assessment Liens After 2003 |
CHAPTER 9. INSURANCE & LIABILITY | |
5800 | Limitation of Director & Officer Liability |
5805 | Limitation of Member Liability |
5806 | Fidelity Bond Coverage Requirement |
5810 | Notice of Change in Insurance Coverage |
CHAPTER 10. DISPUTE RESOLUTION & ENFORCEMENT | |
Article 1. Discipline & Cost Reimbursement | |
5850 | Schedule of Monetary Penalities (Fines) |
5855 | Disciplinary Measures; Notice of Hearing; Notice of Decision |
5865 | Effect on Authority to Impose Penalties |
5875 | Enforcement During Declared Emergency |
Article 2. Internal Dispute Resolution | |
5900 | Applicability to Disputes Between Association and Member |
5905 | Procedure for Resolving Disputes |
5910 | Internal Dispute Resolution (IDR); Requirements |
5910.1 | IDR Prerequisite to Enforcement Action |
5915 | Default IDR (Meet and Confer) Procedure |
5920 | Notice of IDR Policy in Annual Policy Statement |
Article 3. Alternative Dispute Resolution | |
5925 | “Alternative Dispute Resolution” (ADR) and “Enforcement Action” |
5930 | ADR Prerequisite to Enforcement Action |
5935 | Request for Resolution to Initiate ADR Process |
5940 | Time to Complete ADR Process; ADR Costs |
5945 | ADR Effect on Statute of Limitations |
5950 | Certification of ADR Efforts |
5955 | Stay of Enforcement Action for ADR |
5960 | Attorney’s Fees in Response to ADR Refusal |
5965 | Summary of ADR Procedures in Annual Policy Statement |
Article 4. Civil Actions | |
5975 | Enforcement of Governing Documents; Attorney’s Fees |
5980 | Standing of Association in Legal Proceedings |
5985 | Comparative Fault; Allocation of Damages |
5986 | No Preconditions to Commencement of Builder Claims |
CHAPTER 11. CONSTRUCTION DEFECT LITIGATION | |
6000 | Construction Defect; Pre-Litigation Procedures |
6100 | Notice of Settlement Agreement |
6150 | Notice of Civil Action Against Declarant |