Civil Code Definitions & Foundations
Title of the Act
Chapter 1 · General Provisions · Preliminary Provisions
Text current as of 2026-07-07 · Last amended by AB 805, eff. 2014-01-01
The code says CIV §4000
This part shall be known and may be cited as the Davis-Stirling Common Interest Development Act. In a provision of this part, the part may be referred to as the act.
(Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
How courts have read this
Editorial summaries — not the court’s words.
- Fowler v. M&C Ass'n Management Services, Inc. 220 Cal. App. 4th 1152 · 2013 Manager transfer fees are Act-authorized and need no recorded notice.
central to this opinion — cited 1×
decided before the current text (eff. 2014-01-01, AB 805)
- Ruffier v. Volcano Hills Road Maintenance Assn. 2026 A board cannot raise regular assessments without member approval or budget compliance.
mentioned in passing
- Smart Corner Owners Assn. v. CJUF Smart Corner LLC 64 Cal. App. 5th 439 · 2021 Developer-drafted pre-suit member-vote requirements can’t block construction-defect claims.
mentioned in passing
- In re: Maria A. Basave De Guillen 604 B.R. 826 · 2019 Assessment liens secure only the amounts stated in the recorded notice.
mentioned in passing
- Almanor Lakeside Villas Owners Ass'n. v. Carson 246 Cal. App. 4th 761 · 2016 Prevailing-party status turns on litigation objectives, not net dollars.
mentioned in passing
- Rancho Mirage Country Club Homeowners Ass'n v. Hazelbaker 2 Cal. App. 5th 252 · 2016 Mandatory HOA fee-shifting reaches suits enforcing ADR settlement agreements.
mentioned in passing
- Branches Neighborhood Corp. v. CalAtlantic Group, Inc. 26 Cal. App. 5th 743 · 2018 Upheld a CC&R member-vote precondition to developer suits — later voided by statute.
mentioned in passing
- Arroyo v. Pacific Ridge Neighborhood Homeowners Assn. 2025 Candidate statements mailed with ballots are association media requiring equal access.
mentioned in passing
- Ridley v. Rancho Palma Grande Homeowners Assn. 2025 Bad faith and unreasonable investigation forfeit board deference.
mentioned in passing
- Doskocz v. ALS Lien Services 102 Cal. App. 5th 107 · 2024 Homeowners cannot waive the assessments-first payment allocation rule.
mentioned in passing
- Lauckhart v. El Macero Homeowners Assn. 92 Cal. App. 5th 889 · 2023 Acquiring common area brings a development under the Davis-Stirling Act.
mentioned in passing
- LNSU 1, LLC v. Alta Del Mar Coastal Collection Community Assn. 94 Cal. App. 5th 1050 · 2023 Pre-meeting director emails are not Open Meeting Act board meetings.
mentioned in passing
- Artus v. Gramercy Towers Condominium Assn. 76 Cal.App.5th 1043 · 2022 Records and election procedures are enforced strictly, with fee exposure.
mentioned in passing
- Aldea Dos Vientos v. CalAtlantic Group, Inc. 44 Cal. App. 5th 1073 · 2020 A developer cannot use a member-vote precondition to block defect claims.
mentioned in passing
- Artus v. Gramercy Towers Condo. Ass'n 19 Cal. App. 5th 923 · 2018 Winning a preliminary injunction doesn’t make you the prevailing party for fees.
mentioned in passing
- Eith v. Ketelhut 31 Cal. App. 5th 1 · 2018 Commercial-use bans reach only activity that affects residential character.
mentioned in passing
- Golden Eagle Land Inv., L.P. v. Rancho Santa Fe Ass'n 19 Cal. App. 5th 399 · 2018 Anti-SLAPP shields HOA board communications on land-use matters of public concern.
mentioned in passing
- Retzloff v. Moulton Parkway Residents' Ass'n 14 Cal. App. 5th 742 · 2017 A prevailing association recovers costs, not attorney fees, in records suits.
mentioned in passing
- Zakia Mashiri v. Epsten Grinnell & Howell 845 F.3d 984 · 2017 HOA pre-lien collection notices must honor federal debt-dispute rights.
mentioned in passing
- Palm Springs Villas II Homeowners Ass'n v. Parth 248 Cal. App. 4th 268 · 2016 The business judgment rule protects only directors who stay reasonably informed.
mentioned in passing
- Tract 19051 Homeowners Assn. v. Kemp 60 Cal. 4th 1135 · 2015 Prevailing-party fees apply even when the development is not a CID.
mentioned in passing
- Huntington Continental Townhouse Ass'n v. Miner 230 Cal. App. 4th 590 · 2014 Associations must accept partial payments toward delinquent assessments.
mentioned in passing
- Seahaus La Jolla Owners Ass'n v. Superior Court 224 Cal. App. 4th 754 · 2014 Counsel’s litigation-update briefings to owners stay privileged.
mentioned in passing
- Talega Maintenance Corp. v. Standard Pacific Corp. 225 Cal. App. 4th 722 · 2014 HOA board-meeting statements are not automatically anti-SLAPP protected speech.
mentioned in passing
Decided under the former numbering
- Pinnacle Museum Tower Ass'n v. Pinnacle Market Development (US), LLC 55 Cal. 4th 223 · 2012 · as former §1350 Developer-drafted arbitration covenants in recorded CC&Rs bind the association.
decided before the current text (eff. 2014-01-01, AB 805)
- Villa De Las Palmas Homeowners Ass'n v. Terifaj 33 Cal. 4th 73 · 2004 · as former §1350 Recorded CC&R amendments bind all owners, including existing ones.
decided before the current text (eff. 2014-01-01, AB 805)
- Damon v. Ocean Hills Journalism Club 85 Cal. App. 4th 468 · 2000 · as former §1350 HOA board meetings and community newsletters are anti-SLAPP public forums.
decided before the current text (eff. 2014-01-01, AB 805)
- Villa Milano Homeowners Ass'n v. Il Davorge 84 Cal. App. 4th 819 · 2000 · as former §1350 Developers can’t bury binding arbitration for construction defects in CC&Rs.
decided before the current text (eff. 2014-01-01, AB 805)
- Nahrstedt v. Lakeside Village Condominium Assn. 8 Cal.4th 361 · 1994 · as former §1350 Recorded CC&R restrictions are presumed valid and enforceable.
decided before the current text (eff. 2014-01-01, AB 805)
- Cheveldave v. Tri Palms Unified Owners Ass'n 27 Cal. App. 5th 1202 · 2018 · as former §1350 Without a common area, an association has no Davis-Stirling authority to bind owners.
- Market Lofts Community Ass'n v. 9th Street Market Lofts, LLC 222 Cal. App. 4th 924 · 2014 · as former §1350 An association may sue on its own behalf and for its members.
- Diamond v. Superior Court 217 Cal. App. 4th 1172 · 2013 · as former §1350 Foreclosing an assessment lien requires strict compliance with every notice requirement.
decided before the current text (eff. 2014-01-01, AB 805)
- Friars Village Homeowners v. Hansing 220 Cal. App. 4th 1055 · 2013 · as former §1350 Boards may set reasonable director qualifications by operating rule.
decided before the current text (eff. 2014-01-01, AB 805)
- Multani v. Witkin & Neal 215 Cal. App. 4th 1428 · 2013 · as former §1350 Assessment foreclosures require post-sale notice of the redemption right.
decided before the current text (eff. 2014-01-01, AB 805)
- SB Liberty v. Isla Verde Asso. 215 Cal. App. 4th 1553 · 2013 · as former §1350 A member cannot hand its board-meeting attendance right to a nonmember.
decided before the current text (eff. 2014-01-01, AB 805)
- Wittenburg v. Beachwalk Homeowners Ass'n 217 Cal.App.4th 654 · 2013 · as former §1350 Equal access to association media is required in contested elections.
decided before the current text (eff. 2014-01-01, AB 805)
- Grossman v. Park Fort Washington Ass'n 212 Cal. App. 4th 1128 · 2012 · as former §1350 Prevailing parties recover attorney fees for pre-litigation mediation.
decided before the current text (eff. 2014-01-01, AB 805)
- That v. Alders Maintenance Ass'n 206 Cal. App. 4th 1419 · 2012 · as former §1350 A prevailing association recovers no attorney fees in an election suit, even a frivolous one.
decided before the current text (eff. 2014-01-01, AB 805)
- Sui v. Price 196 Cal. App. 4th 933 · 2011 · as former §1350 Association operating rules must be reasonable, like CC&Rs.
decided before the current text (eff. 2014-01-01, AB 805)
- CHAPALA MANAGEMENT CORP. v. Stanton 186 Cal. App. 4th 1532 · 2010 · as former §1350 Prevailing-party fee awards under the Act are stayed on appeal without a bond.
decided before the current text (eff. 2014-01-01, AB 805)
- Clear Lake Riviera Community Assn. v. Cramer 182 Cal. App. 4th 459 · 2010 · as former §1350 Circumstantial evidence of long enforcement can prove a rule’s valid adoption.
decided before the current text (eff. 2014-01-01, AB 805)
- Dover Village Ass'n v. Jennison 191 Cal. App. 4th 123 · 2010 · as former §1350 Board deference does not cover legal questions of who must repair.
decided before the current text (eff. 2014-01-01, AB 805)
- Carolyn v. Orange Park Community Assn. 177 Cal. App. 4th 1090 · 2009 · as former §1350 Merely tolerated public use does not make HOA common areas public accommodations.
decided before the current text (eff. 2014-01-01, AB 805)
- Martin v. Bridgeport Community Assn., Inc. 173 Cal. App. 4th 1024 · 2009 · as former §1350 Only owners can enforce CC&Rs; non-owner residents lack standing.
decided before the current text (eff. 2014-01-01, AB 805)
- Dey v. Continental Central Credit 170 Cal. App. 4th 721 · 2008 · as former §1350 Statutory fee caps bind associations, not their outside vendors.
decided before the current text (eff. 2014-01-01, AB 805)
- Ekstrom v. Marquesa at Monarch Beach Homeowners Assn. 168 Cal.App.4th 1111 · 2008 · as former §1350 Express CC&R duties must be enforced uniformly.
decided before the current text (eff. 2014-01-01, AB 805)
- Fourth La Costa Condominium Owners Ass'n v. Seith 159 Cal.App.4th 563 · 2008 · as former §1350 Courts can lower the CC&R amendment threshold after a failed good-faith vote.
decided before the current text (eff. 2014-01-01, AB 805)
- Golden Rain Foundation v. Franz 163 Cal. App. 4th 1141 · 2008 · as former §1350 A nonprofit formed to manage a common interest development is an association.
decided before the current text (eff. 2014-01-01, AB 805)
- Ritter & Ritter, Inc. Pension & Profit Plan v. the Churchill Condominium Assn. 166 Cal. App. 4th 103 · 2008 · as former §1350 Lamden deference shields directors, not the association itself.
decided before the current text (eff. 2014-01-01, AB 805)
- Berryman v. Merit Property Management, Inc. 152 Cal. App. 4th 1544 · 2007 · as former §1350 Document and transfer fee caps bind associations, not their managing agents.
decided before the current text (eff. 2014-01-01, AB 805)
- Heiman v. Workers' Compensation Appeals Board 149 Cal. App. 4th 724 · 2007 · as former §1350 Associations answer for managing agents who hire unlicensed contractors.
decided before the current text (eff. 2014-01-01, AB 805)
- Cebular v. COOPER ARMS HOMEOWNERS ASS'N 142 Cal. App. 4th 106 · 2006 · as former §1350 Assessments proportioned to voting power are not wholly arbitrary.
decided before the current text (eff. 2014-01-01, AB 805)
- Colony Hill v. Ghamaty 143 Cal. App. 4th 1156 · 2006 · as former §1350 Single-family use restrictions bar serial room rentals to unrelated tenants.
decided before the current text (eff. 2014-01-01, AB 805)
- Peak Investments v. South Peak Homeowners Ass'n 140 Cal. App. 4th 1363 · 2006 · as former §1350 A court may cut a CC&R supermajority only after a true majority of all owners approves.
decided before the current text (eff. 2014-01-01, AB 805)
- Arias v. KATELLA TOWNHOUSE HOMEOWNERS ASS'N 127 Cal. App. 4th 847 · 2005 · as former §1350 An association’s voluntary payments count toward the recovery its settlement offer must beat.
decided before the current text (eff. 2014-01-01, AB 805)
- Brown v. Professional Community Management, Inc. 127 Cal. App. 4th 532 · 2005 · as former §1350 The fee-cost limit binds associations, not their managing agents.
decided before the current text (eff. 2014-01-01, AB 805)
- James F. O'Toole Co. v. Los Angeles Kingsbury Court Owners Ass'n 126 Cal. App. 4th 549 · 2005 · as former §1350 Courts can compel an emergency assessment to pay a judgment against an association.
decided before the current text (eff. 2014-01-01, AB 805)
- Moran v. Oso Valley Greenbelt Ass'n 117 Cal. App. 4th 1029 · 2004 · as former §1350 Boards that stonewall member record requests risk fee awards.
decided before the current text (eff. 2014-01-01, AB 805)
- Salawy v. Ocean Towers Housing Corp. 121 Cal. App. 4th 664 · 2004 · as former §1350 Governing-document fee awards require a suit that actually enforces those documents.
decided before the current text (eff. 2014-01-01, AB 805)
- Adelman v. Associated International Insurance 90 Cal. App. 4th 354 · 2001 · as former §1350 Individual owners cannot sue the association’s insurer for negligent claim handling.
decided before the current text (eff. 2014-01-01, AB 805)
- Committee to Save Beverly Highlands Homes Ass'n v. Beverly Highlands Homes Ass'n 92 Cal. App. 4th 1247 · 2001 · as former §1350 Without a common area, the Davis-Stirling Act does not apply.
decided before the current text (eff. 2014-01-01, AB 805)
- Moran v. OSO VALLEY GREENBELT ASS'N 92 Cal. App. 4th 156 · 2001 · as former §1350 Wrongfully withholding association records can trigger a member’s fee award.
decided before the current text (eff. 2014-01-01, AB 805)
- Finley v. Superior Court 80 Cal. App. 4th 1152 · 2000 · as former §1350 The special litigation committee defense applies to homeowner associations.
decided before the current text (eff. 2014-01-01, AB 805)
- Blue Lagoon Community Assn. v. Mitchell 55 Cal. App. 4th 472 · 1997 · as former §1350 Objectors who defeat a vote-reduction petition get no attorney fees.
decided before the current text (eff. 2014-01-01, AB 805)
- MOUNT OLYMPUS PROPERTY OWNERS ASS'N INC. v. Shpirt 59 Cal. App. 4th 885 · 1997 · as former §1350 The Act’s attorney-fee provision applies only to true common interest developments.
decided before the current text (eff. 2014-01-01, AB 805)
- Ruoff v. Harbor Creek Community Assn. 10 Cal. App. 4th 1624 · 1992 · as former §1350 Condo owners stay liable for common-area torts despite delegating to the HOA.
decided before the current text (eff. 2014-01-01, AB 805)
- La Jolla Mesa Vista Improvement Ass'n v. La Jolla Mesa Vista Homeowners Ass'n 220 Cal. App. 3d 1187 · 1990 · as former §1350 Signed consent to a CC&R extension cannot be unilaterally revoked.
decided before the current text (eff. 2014-01-01, AB 805)
- Kaye v. Mount La Jolla Homeowners Assn. 204 Cal. App. 3d 1476 · 1988 · as former §1350 Common-area damage remedies stop at the CC&R repair bargain.
decided before the current text (eff. 2014-01-01, AB 805)