What is the Davis-Stirling Act?
By OurHOA · General information · Revised
Davis–Stirling is California law for covered common-interest developments. Use the current code and your governing documents to identify the requirements for a particular decision.
A California statute, not a national HOA rulebook
The Davis–Stirling Common Interest Development Act is in Part 5 of Division 4 of the California Civil Code, beginning at § 4000. It addresses covered common-interest developments. It is not the governing law for an association in another state, and a website or handbook describing it is commentary rather than the statute itself. Start with the current official code when checking a legal requirement.
Check whether the development is covered
Section 4100 identifies community apartment projects, condominium projects, planned developments, and stock cooperatives as common-interest development types. Section 4200 describes the conveyance and recorded-document conditions for application of the act. Section 4202 excludes commercial or industrial common-interest developments as defined in the referenced statute. A neighborhood group calling itself an HOA does not, by that label alone, establish coverage.
Look up the specific subject
The act contains provisions on association governance, property use, financial matters, records, and disputes. Identify the decision you are researching: a board meeting is different from a member election, and a records request is different from a demand for a repair. Read the applicable section with its definitions, exceptions, and cross-references. A short list of percentages or deadlines can omit the conditions that make those numbers meaningful.
Read the documents alongside the statute
Section 4205 addresses conflicts between governing documents and law and among the documents themselves. The declaration, articles, bylaws, and operating rules still matter. Some statutory provisions allow the documents to set a different rule; other limits cannot be displaced that way. Other state and federal laws may also apply. The act is not a substitute for reviewing the actual property and association records.
Turn a legal question into a concrete next step
For a disputed decision, retain the notice, relevant document provision, dates, and written response. For board planning, identify the required notice, decision-maker, procedure, and record for each action. Check effective dates when a statute changes. If a deadline or significant consequence is involved, obtain advice on the specific facts; using a checklist or management application does not certify compliance.
Sources
These guides are general education for HOA boards and residents, not legal, tax, or financial advice. Rules vary by state and by your community's governing documents - check with a professional for your situation.