What Is the Davis-Stirling Act? A Plain-English Guide

If you serve on a California HOA board — or live in a community governed by one — nearly everything your association does is regulated by one law: the Davis-Stirling Common Interest Development Act. Here's what it actually says, without the legalese.

The one-paragraph version

The Davis-Stirling Act (Civil Code § 4000 et seq.) is California's comprehensive statute for common interest developments — planned developments, condominiums, stock cooperatives, and community apartment projects. Originally enacted in 1985 and reorganized in 2014, it applies automatically to every CID in the state. Your association can't opt out, and any provision in your governing documents that conflicts with it is unenforceable.

What it regulates

Your governing documents

The Act establishes the hierarchy: state law sits above your recorded CC&Rs, which sit above the articles and bylaws, which sit above board-adopted operating rules (§ 4205). It also sets the procedures for amending documents and for adopting rules — including a required member comment period before most rule changes (§§ 4340–4365).

Open meetings

Board meetings are governed by the Common Interest Development Open Meeting Act (§ 4900 et seq.): members get notice and agendas, may attend and speak, and boards may act only on noticed agenda items, with narrow executive-session exceptions.

Money

Assessments, budgets, reserves, and collections occupy a huge share of the Act. Boards must distribute an Annual Budget Report and Annual Policy Statement in statutory windows (§§ 5300, 5310), maintain and disclose a reserve study (§ 5550), respect limits on assessment increases (§ 5605), and follow a strict, sequenced collection procedure — pre-lien notice, payment-plan rights, recorded lien, and a foreclosure threshold of $1,800 or 12 months delinquent (§§ 5650–5740). Skipping a step can invalidate the lien.

Elections

Director elections must follow adopted election rules, use secret ballots with an independent Inspector of Elections, and respect statutory timelines (§§ 5100–5145). We cover this in depth in our election rules guide — it's the area where associations most often get sued, and where courts can void results.

Records, discipline, and disputes

Members may inspect association records on request (§§ 5200–5230). Discipline requires notice and a hearing (§ 5855). And before most enforcement lawsuits, the parties must offer internal dispute resolution (§ 5900) and alternative dispute resolution (§ 5925).

Recent changes boards should know

• Fines are now capped. As of mid-2025, monetary penalties for most violations are limited to $100 per violation, and associations may not add late fees or interest to fines (§§ 5850, 5855, as amended by AB 130). Older fine schedules are a common compliance gap.
• Electronic secret-ballot voting is allowed for most elections (not assessment votes), with individual notice and opt-out rights (AB 2159, § 5105).
• Utility-interruption repair duties now run on statutory timelines, with emergency-assessment authority if reserves fall short (SB 900).
• Balcony inspections are mandatory for condominiums — see our SB 326 guide.

This article is general information about California law, current as of its publication date, and is not legal advice for any specific association. Statutes are amended regularly — verify current law or consult a California-licensed HOA attorney for your situation.