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California statute

Davis-Stirling Common Interest Development Act

Cal. Civ. Code §§ 4000–6150 · enacted 1985

Davis-Stirling is the comprehensive California statute governing common interest developments — planned communities, condominiums, stock cooperatives, and community apartment projects. It layers procedural, disclosure, financial, and enforcement requirements on top of every association's recorded Declaration and Bylaws. Many of its provisions cannot be waived by the governing documents.

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Who and what Davis-Stirling covers

Applies to most planned developments and condominium projects in California regardless of when they were formed; specific subparts have been added over time and apply prospectively.

  • Common interest developments recorded in California — planned developments, condominiums, stock cooperatives, and community apartment projects.

  • Both new construction and pre-existing communities — most procedural rules apply regardless of when the Declaration was recorded.

  • Board members are personally bound by the act's fiduciary, election, and meeting requirements; ignorance of the statute is not a defense.

  • Commercial associations and unincorporated voluntary neighborhood groups generally fall outside Davis-Stirling and follow contract or nonprofit-corporation law.

Key provisions

The themes most boards and owners actually need to find. Each entry is orientation-level — the bylaw concierge surfaces the exact section that applies to your community when you upload your CC&Rs.

  • Open meetings & executive session

    Boards must meet in open session except for narrowly defined executive-session topics (litigation, personnel, member discipline, third-party contracts). Members are entitled to attend, observe, and (during a homeowner forum) speak.

  • Annual budget, reserve study & disclosures

    Associations must distribute an annual budget summary, a reserve-funding disclosure, an insurance summary, an enforcement policy, and an assessment-collection policy 30–90 days before each fiscal year. Reserve studies are required at least every three years with annual review.

  • Assessments, liens & foreclosure

    Regular and special assessments must follow defined notice and increase-cap rules. The act sets the procedure for recording assessment liens and pre-foreclosure notice, with a statutory minimum threshold before non-judicial foreclosure of a lien for delinquent assessments.

  • Architectural review & rule changes

    Architectural decisions must be made in good faith, in writing, and with a process disclosed in the governing documents. Rule changes generally require 28-day member notice, a board vote in open session, and (for material rules) member ratification rights.

  • Fines, hearings & due process

    Before levying a monetary penalty, the board must give the member written notice and an opportunity for a hearing. Fines must follow a previously adopted, member-distributed schedule. The act does not authorize fines that are not first disclosed in a fine schedule.

  • Elections & voting

    Director elections, recall votes, and assessment increase votes must follow secret-ballot procedures with an independent inspector of elections, written election rules, and statutory candidate-qualification rules.

Common questions about Davis-Stirling

  • Does Davis-Stirling override my CC&Rs?

    On most procedural matters — open meetings, election procedures, fine notice, assessment liens — yes. The act establishes minimum protections that the governing documents cannot reduce. On substantive use restrictions (pets, parking, rentals), the Declaration controls unless it conflicts with state or federal anti-discrimination law.

  • Do all California HOAs follow Davis-Stirling?

    Most do. The act applies to common interest developments — planned developments, condominiums, stock cooperatives, and community apartment projects. Voluntary neighborhood associations and certain commercial associations are typically outside its scope.

  • How much notice does the board owe before a special meeting?

    Board meetings generally require four days' notice (two for emergency meetings). Member meetings and rule-change ratifications usually require longer windows — 28 days for rule changes, and the period set in the Bylaws or by statute for annual and special member meetings.

  • Can the board levy a fine without a hearing?

    No. The board must give the member written notice with the alleged violation, the proposed fine, and an opportunity for a hearing — at least 10 days before the hearing date. Fines levied without notice are generally unenforceable.

  • What documents must an association produce on request?

    Members generally have access to financial records, meeting minutes, contracts, member lists (with limited redactions), and policy documents. The act sets specific timeframes and reasonable cost-recovery rules; unreasonable refusal can support a member-action lawsuit.

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Where Davis-Stirling comes up

Scenario playbooks tied to the issues this statute most often governs.

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Definitions

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