§4200

Creation of a Common Interest Development

Chapter 2 · Application of Act

Text current as of 2026-07-07 · Last amended by AB 805, eff. 2014-01-01

The code says CIV §4200

This act applies and a common interest development is created whenever a separate interest coupled with an interest in the common area or membership in the association is, or has been, conveyed, provided all of the following are recorded:

(a) A declaration.

(b) A condominium plan, if any exists.

(c) A final map or parcel map, if Division 2 (commencing with Section 66410) of Title 7 of the Government Code requires the recording of either a final map or parcel map for the common interest development.

(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.

Pinnacle Museum Tower Ass'n v. Pinnacle Market Development (US), LLC 55 Cal. 4th 223 · 2012 Developer-drafted arbitration covenants in recorded CC&Rs bind the association.
decided before the current text (eff. 2014-01-01, AB 805)
Golden Rain Foundation v. Franz 163 Cal. App. 4th 1141 · 2008 A nonprofit formed to manage a common interest development is an association.
decided before the current text (eff. 2014-01-01, AB 805)
Bear Creek Master Ass'n v. Edwards 130 Cal. App. 4th 1470 · 2005 Unbuilt condominium units still owe association assessments.
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 The Act’s attorney-fee provision applies only to true common interest developments.
decided before the current text (eff. 2014-01-01, AB 805)
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
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

Decided under the former numbering

Villa De Las Palmas Homeowners Ass'n v. Terifaj 33 Cal. 4th 73 · 2004 · as former §1352 Recorded CC&R amendments bind all owners, including existing ones.
decided before the current text (eff. 2014-01-01, AB 805)
Nahrstedt v. Lakeside Village Condominium Assn. 8 Cal.4th 361 · 1994 · as former §1352 Recorded CC&R restrictions are presumed valid and enforceable.
decided before the current text (eff. 2014-01-01, AB 805)
Treo @ Kettner Homeowners Ass'n v. Superior Court 166 Cal. App. 4th 1055 · 2008 · as former §1352 Developer-written CC&R provisions cannot waive the constitutional jury-trial right.
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 §1352 Courts can compel an emergency assessment to pay a judgment against an association.
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 §1352 Without a common area, the Davis-Stirling Act does not apply.
decided before the current text (eff. 2014-01-01, AB 805)
Kovich v. Paseo Del Mar Homeowners' Ass'n 41 Cal. App. 4th 863 · 1996 · as former §1352 Associations owe no disclosure duty to prospective purchasers.
decided before the current text (eff. 2014-01-01, AB 805)

Official text · leginfo ↗