Civil Code Definitions & Foundations
§4201
Common Area Required for Coverage
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 §4201
Nothing in this act may be construed to apply to a real property development that does not contain common area. This section is declaratory of existing law.
(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.
- Cheveldave v. Tri Palms Unified Owners Ass'n 27 Cal. App. 5th 1202 · 2018 Without a common area, an association has no Davis-Stirling authority to bind owners.
central to this opinion — cited 3×
- Committee to Save Beverly Highlands Homes Ass'n v. Beverly Highlands Homes Ass'n 92 Cal. App. 4th 1247 · 2001 Without a common area, the Davis-Stirling Act does not apply.
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.
cited 2×
- 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