US-CaliforniaWhat is the Davis-Stirling Act and how does it affect my HOA?
The Davis-Stirling Common Interest Development Act is California’s primary law governing HOAs, setting rules for governance, finances, elections, dispute resolution, and enforcement of rules.
What the Law Says
The Davis-Stirling Common Interest Development Act (Civil Code §§4000–6150) is California’s comprehensive statutory framework for homeowners associations. It applies to all common interest developments — including condominiums, planned developments, and stock cooperatives — that have a governing association with authority to impose assessments or enforce use restrictions.
The Act defines key terms like 'common interest development,' 'governing documents,' and 'association,' and establishes baseline requirements for transparency, accountability, and due process. It mandates open board meetings, financial disclosures, annual budgets, reserve studies, and fair enforcement procedures.
HOAs must comply with specific procedural rules: for example, special assessments over 5% of the annual budget require 90 days’ written notice and a vote of the membership (Civil Code §5605). Boards must give at least 30 days’ notice before member elections (Civil Code §5111), and retain records for at least 12 months (Civil Code §5210).
The Act also limits board authority — e.g., no fine may be imposed without first providing a hearing within 10 days of a written request (Civil Code §5850), and architectural guidelines must be applied consistently and in writing (Civil Code §4765).
Statutory TextThis title shall be known and may be cited as the Davis-Stirling Common Interest Development Act.
— Civil Code §4000 — Short Title
Statutory TextAn association shall not impose a special assessment without first giving each member at least 90 days’ written notice.
— Civil Code §5605 — Special Assessments
Statutory TextThe board shall provide notice of an election to members at least 30 days before the date of the election.
— Civil Code §5111 — Election Notice
Statutory TextRecords of the association shall be made available to members for inspection and copying for at least 12 months after the date of creation.
— Civil Code §5210 — Record Retention
What to Do
Review your HOA’s CC&Rs, bylaws, and operating rules to confirm they comply with current Davis-Stirling requirements.
Attend board meetings — they must be open to members unless discussing litigation, personnel, or contracts (Civil Code §4925).
Request financial statements, reserve study summaries, and meeting minutes — you’re entitled to inspect them within 10 business days (Civil Code §5200).
If fined or denied an architectural request, submit a written request for a hearing within 10 days to trigger mandatory due process (Civil Code §5850).
File a demand for internal dispute resolution (IDR) or binding arbitration before suing the HOA over most operational disputes (Civil Code §5900–5920).
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.