California Civil Code – Davis-Stirling Act (Valid Through 2013)

« Table of Contents

Davis-Stirling Act – General Provisions
§ 1350Short Title
§ 1350.5Headings
§ 1350.7Delivery
§ 1351Definitions

Davis-Stirling Act – Governing Documents
§ 1352Requirements For Creation of Common Interest Development
§ 1352.5Covenants In Violation of Gov. Code Section 12955; Action For Injunctive Relief
§ 1353Contents of Declaration
§ 1353.5Right to Display the American Flag
§ 1353.6Displaying Of Noncommercial Signs Or Flags
§ 1353.7Fire Retardant Roof Covering Materials
§ 1353.8Prohibition on use of low water–using plants or water–efficient landscape void
§ 1353.9Electric Vehicle Charging Stations
§ 1354Covenants And Restrictions In Declaration; Enforcement
§ 1355Amendment Of Declaration
§ 1355.5Amendment To Delete Developer Provisions
§ 1356Petition To Court To Reduce Percentage Of Affirmative Votes To Amend Declaration; Recording Amendment; Mailing
§ 1357Extending Term of Declaration
§ 1357.100“Operating Rule” And “Rule Change” Defined
§ 1357.110Validity
§ 1357.120Application
§ 1357.130Notice Of Rule Change
§ 1357.140Special Meeting Of Members To Reverse A Rule Change
§ 1357.150Effective Date

Davis-Stirling Act – Ownership Rights and Interests
§ 1358Interests Included In Conveyance, Judicial Sale Or Transfer Of Separate Interests; Transfers Of Exclusive Use Areas; Restrictions Upon Severability Of Component Interests.
§ 1359Restrictions On Partition
§ 1360Modification Of Unit By Owner; Facilitation Of Access For Handicapped; Association Approval
§ 1360.2Rental Restrictions
§ 1360.5Pet Provision
§ 1361Rights Or Easements In Common Area
§ 1361.5Denial Of Access To Owner’s Separate Interest
§ 1362Ownership Of Common Areas

Davis-Stirling Act – Governance
§ 1363General Powers And Duties Of Association; Meetings; Access To Records; Disciplinary Action
§ 1363.001On-Line Education Course
§ 1363.005Distribution of Disclosure Documents Index
§ 1363.03Adoption 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
§ 1363.04Use of Association Funds For Campaign Purposes Prohibited.
§ 1363.05Member Attendance At Board Meetings; Executive Sessions; Emergency Meetings; Availability Of Board Minutes; Notice Of Meetings; Owner Right To Speak At Meetings
§ 1363.07Membership Approval Required For Grant Of Exclusive Use Common Area; Exceptions
§ 1363.09One Year Statute Of Limitations – Action For Violation Of Article; Penalties; Small Claims Court Option
§ 1363.1Prospective Managing Agent Disclosure
§ 1363.2Managing Agent Duties; Deposition Of Association Funds.
§ 1363.5Articles Of Incorporation Disclosure Statement
§ 1363.6Association Information Statement Submitted To Secretary Of State; Penalty For Non-Compliance
§ 1363.810Application Of Article
§ 1363.820Dispute Resolution Procedure Required
§ 1363.830Dispute Resolution Procedure Minimum Requirements
§ 1363.840Statutory Dispute Resolution Procedure
§ 1363.850Notice of Dispute Resolution Procedure

Davis-Stirling Act – Operations
§ 1364Responsibility For Maintenance of Common Area; Damage By Wood-Destroying Pests or Organisms; Relocation Costs; Notice Of Repair; Access To Telephone Wiring.
§ 1365Financial Documents
§ 1365.1Distribution Of Written Notice Of Assessments, Foreclosure, And Payment Plans
§ 1365.2Right To Inspect And Copy Association Records; Restrictions On Use; Cost of Production; Redaction Of Information To Prevent Identity Theft; Penalties For Non-Compliance
§ 1365.2.5Assessment And Reserve Funding Disclosure Summary
§ 1365.3Association Report Required To Meet Standards Of Corp. Code Section 5012
§ 1365.5Board Of Directors; Duties; Reserve Accounts
§ 1365.7Liability Of Volunteer Officer Or Director; Criteria; Limitations
§ 1365.9Liability For Common Areas; Action Against Association; Insurance Requirements
§ 1366Regular And Special Assessments; Limitation On Increases; Delinquent Assessments; Interest
§ 1366.1Excessive Assessments Or Fees
§ 1366.2Collection Of Assessments; Recording Of Identifying Statement
§ 1366.4Levy of assessments on separate interests
§ 1367Lien For Delinquent Assessments Recorded Before January 1, 2003
§ 1367.1Lien For Delinquent Assessments Recorded After January 1, 2003
§ 1367.4Limitations On Collection Of Delinquent Assessments ThroughForeclosure; Right Of Redemption
§ 1367.5Lien Filed In Error; Reversal Of Costs And Fees
§ 1367.6 Payment Under Protest

Davis-Stirling Act – Transfer of Ownership Interests
§ 1368Documents To Be Provided To Prospective Purchaser
§ 1368.1Arbitrary Or Unreasonable Restrictions On Owner’s Ability To Market Unit Void
§ 1368.2Escrow Disclosure Form

Davis-Stirling Act – Civil Actions and Liens
§ 1368.3Association Standing As Real Party In Interest
§ 1368.4Damages Allocated By Comparative Fault
§ 1368.5Civil Action By Association; Notice Prior To Filing
§ 1369Liens For Labor And Materials
§ 1369.510“Alternative Dispute Resolution” And “Enforcement Action” Defined
§ 1369.520ADR Required Prior To Filing An Enforcement Action
§ 1369.530Service Of Request For Resolution
§ 1369.540Completion of Resolution Process Within 90 Days
§ 1369.550Tolling Of The Time Limitation For Commencing An Enforcement Action
§ 1369.560Filing Certification Of Compliance
§ 1369.570Stipulated Agreement to Pursue Alternative Dispute Resolution After Commencement Of Enforcement Action
§ 1369.580Court Discretion In Awaiting Fees And Costs Based Upon Participation In Alternative Dispute Resolution
§ 1369.590Annual Distribution Of Summary Of Alternative Dispute Resolution Procedures Required

Davis-Stirling Act – Construction of Instruments and Zoning
§ 1370Liberal Construction Of Governing Documents.
§ 1371Boundaries Of Unit
§ 1372Construction Of Local Zoning Ordinances
§ 1373Developments Expressly Zoned As Industrial Or Commercial And Limited To Such Purposes
§ 1374Inapplicability Of Law To Developments Without Common Areas

Davis-Stirling Act – Construction Defect Litigation
§ 1375Construction Defect Litigation; Prefiling Dispute Resolution Process
§ 1375.05Construction Defect Litigation; Filing Of Complaint; Inspection Process; Expert Witness Depositions
§ 1375.1Disclosure To Association Members Of Settlement Agreement Regarding Defects

Davis-Stirling Act – Improvements
§ 1376Installation Of Video And Television Antenna
§ 1378Required Architectural Review Procedures; Exemptions

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