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 |
| 4752 | Right to Reconstruction Following Disaster |
| 4753 | Clothesline and Drying Rack Restrictions |
| Article 2. Modification of Separate Interest | |
| 4760 | Improvement to Separate Interest |
| 4765 | Architectural Review Procedures |
| 4766 | Architectural Review of Reconstruction Following Disaster |
| 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 |
