Los Angeles Homeowners Association Lawyer Jeanne McDonald HomeCalifornia Civil Code - Davis-Stirling Act (Valid Through 2013)
« Table of Contents
Davis-Stirling Act – General Provisions | ||
| Short Title | ||
| Headings | ||
| Delivery | ||
| Definitions | ||
Davis-Stirling Act – Governing Documents | ||
| Requirements For Creation of Common Interest Development | ||
| Covenants In Violation of Gov. Code Section 12955; Action For Injunctive Relief | ||
| Contents of Declaration | ||
| Right to Display the American Flag | ||
| Displaying Of Noncommercial Signs Or Flags | ||
| Fire Retardant Roof Covering Materials | ||
| Prohibition on use of low water–using plants or water–efficient landscape void | ||
| Electric Vehicle Charging Stations | ||
| Covenants And Restrictions In Declaration; Enforcement | ||
| Amendment Of Declaration | ||
| Amendment To Delete Developer Provisions | ||
| Petition To Court To Reduce Percentage Of Affirmative Votes To Amend Declaration; Recording Amendment; Mailing | ||
| Extending Term of Declaration | ||
| "Operating Rule" And "Rule Change" Defined | ||
| Validity | ||
| Application | ||
| Notice Of Rule Change | ||
| Special Meeting Of Members To Reverse A Rule Change | ||
| Effective Date | ||
Davis-Stirling Act – Ownership Rights and Interests | ||
| Interests Included In Conveyance, Judicial Sale Or Transfer Of Separate Interests; Transfers Of Exclusive Use Areas; Restrictions Upon Severability Of Component Interests. | ||
| Restrictions On Partition | ||
| Modification Of Unit By Owner; Facilitation Of Access For Handicapped; Association Approval | ||
| Rental Restrictions | ||
| Pet Provision | ||
| Rights Or Easements In Common Area | ||
| Denial Of Access To Owner's Separate Interest | ||
| Ownership Of Common Areas | ||
Davis-Stirling Act – Governance | ||
| General Powers And Duties Of Association; Meetings; Access To Records; Disciplinary Action | ||
| On-Line Education Course | ||
| Distribution of Disclosure Documents Index | ||
| Adoption Of Rules Regarding Election Procedures; Appointment Of Election Inspectors; Voting By Secret Ballot; Proxy And Ballot Instructions; Publication Of Election Results; Retention Of Ballots; Application Of Article | ||
| Use of Association Funds For Campaign Purposes Prohibited. | ||
| Member Attendance At Board Meetings; Executive Sessions; Emergency Meetings; Availability Of Board Minutes; Notice Of Meetings; Owner Right To Speak At Meetings | ||
| Membership Approval Required For Grant Of Exclusive Use Common Area; Exceptions | ||
| One Year Statute Of Limitations – Action For Violation Of Article; Penalties; Small Claims Court Option | ||
| Prospective Managing Agent Disclosure | ||
| Managing Agent Duties; Deposition Of Association Funds. | ||
| Articles Of Incorporation Disclosure Statement | ||
| Association Information Statement Submitted To Secretary Of State; Penalty For Non-Compliance | ||
| Application Of Article | ||
| Dispute Resolution Procedure Required | ||
| Dispute Resolution Procedure Minimum Requirements | ||
| Statutory Dispute Resolution Procedure | ||
| Notice of Dispute Resolution Procedure | ||
Davis-Stirling Act – Operations | ||
| Responsibility For Maintenance of Common Area; Damage By Wood-Destroying Pests or Organisms; Relocation Costs; Notice Of Repair; Access To Telephone Wiring. | ||
| Financial Documents | ||
| Distribution Of Written Notice Of Assessments, Foreclosure, And Payment Plans | ||
| Right To Inspect And Copy Association Records; Restrictions On Use; Cost of Production; Redaction Of Information To Prevent Identity Theft; Penalties For Non-Compliance | ||
| Assessment And Reserve Funding Disclosure Summary | ||
| Association Report Required To Meet Standards Of Corp. Code Section 5012 | ||
| Board Of Directors; Duties; Reserve Accounts | ||
| Liability Of Volunteer Officer Or Director; Criteria; Limitations | ||
| Liability For Common Areas; Action Against Association; Insurance Requirements | ||
| Regular And Special Assessments; Limitation On Increases; Delinquent Assessments; Interest | ||
| Excessive Assessments Or Fees | ||
| Collection Of Assessments; Recording Of Identifying Statement | ||
| Levy of assessments on separate interests | ||
| Lien For Delinquent Assessments Recorded Before January 1, 2003 | ||
| Lien For Delinquent Assessments Recorded After January 1, 2003 | ||
| Limitations On Collection Of Delinquent Assessments ThroughForeclosure; Right Of Redemption | ||
| Lien Filed In Error; Reversal Of Costs And Fees | ||
| Payment Under Protest | ||
Davis-Stirling Act – Transfer of Ownership Interests | ||
| Documents To Be Provided To Prospective Purchaser | ||
| Arbitrary Or Unreasonable Restrictions On Owner's Ability To Market Unit Void | ||
| Escrow Disclosure Form | ||
Davis-Stirling Act – Civil Actions and Liens | ||
| Association Standing As Real Party In Interest | ||
| Damages Allocated By Comparative Fault | ||
| Civil Action By Association; Notice Prior To Filing | ||
| Liens For Labor And Materials | ||
| "Alternative Dispute Resolution" And "Enforcement Action" Defined | ||
| ADR Required Prior To Filing An Enforcement Action | ||
| Service Of Request For Resolution | ||
| Completion of Resolution Process Within 90 Days | ||
| Tolling Of The Time Limitation For Commencing An Enforcement Action | ||
| Filing Certification Of Compliance | ||
| Stipulated Agreement to Pursue Alternative Dispute Resolution After Commencement Of Enforcement Action | ||
| Court Discretion In Awaiting Fees And Costs Based Upon Participation In Alternative Dispute Resolution | ||
| Annual Distribution Of Summary Of Alternative Dispute Resolution Procedures Required | ||
Davis-Stirling Act – Construction of Instruments and Zoning | ||
| Liberal Construction Of Governing Documents. | ||
| Boundaries Of Unit | ||
| Construction Of Local Zoning Ordinances | ||
| Developments Expressly Zoned As Industrial Or Commercial And Limited To Such Purposes | ||
| Inapplicability Of Law To Developments Without Common Areas | ||
Davis-Stirling Act – Construction Defect Litigation | ||
| Construction Defect Litigation; Prefiling Dispute Resolution Process | ||
| Construction Defect Litigation; Filing Of Complaint; Inspection Process; Expert Witness Depositions | ||
| Disclosure To Association Members Of Settlement Agreement Regarding Defects | ||
Davis-Stirling Act – Improvements | ||
| Installation Of Video And Television Antenna | ||
| Required Architectural Review Procedures; Exemptions | ||
