Davis-Stirling Common Interest Development Act
Residential — §§ 4000 - 6150 (Part 5 of Division 4 of the California Civil Code)
Sections in orange were enacted in 2019 and effective 1/1/2020 - Sections in cyan were modified in 2019
Sections in magenta were enacted in 2020 and effective 1/1/2021 - Sections in brown were modified in 2020
Chapter 1 - General Provisions
Article 1 - Preliminary Provisions
4000 Title 4041 Annual Address Notice Requirements
4005 Headings Do Not Affect Meaning 4045 General Delivery Procedures
4010 Actions Prior to Effective Date 4050 Effective Date of Delivery
4020 Local Zoning Ordinances 4055 Electronic Delivery Requirements
4035 Designated Document Delivery Person 4065 Approval by Majority of All Members
4040 Individual Delivery Procedures 4070 Approval by Majority of a Quorum
Article 2 - Definitions
4075 Definitions 4140 Director
4076 Annual Budget Report 4145 Exclusive Use Common Area
4078 Annual Policy Statement 4148 General Notice
4080 Association 4150 Governing Documents
4085 Board 4153 Individual Notice
4090 Board Meeting 4155 Item of Business
4095 Common Area 4158 Managing Agent
4100 Common Interest Development 4160 Member
4105 Community Apartment Project 4170 Person
4110 Community Service Organization 4175 Planned Development
4120 Condominium Plan 4177 Reserve Accounts
4125 Condominium Project and Condominium 4178 Reserve Account Requirements
4130 Declarant 4185 Separate Interest
4135 Declaration 4190 Stock Cooperative
Chapter 2 - Application of Act
4200 Creation of Common Interest Development 4202 Industrial and Commercial Developments
4201 Common Area Requirement    
Chapter 3 - Governing Documents
Article 1 - General Provisions
4205 Priority of Inconsistent Provisions 4225 Prohibition Against Restrictive Covenants
4210 Board May Record Statement 4230 Amendment to Delete Declarant Provisions
4215 Liberal Construction 4235 Amendment to Correct Old Statutory References
4220 Boundaries of Condominium Units    
Article 2 - Declaration
4250 Content of Declaration 4265 Extension of Term of Declaration
4255 Airport Influence Area and SFBCDC Disclosure 4270 Procedure to Amend
4260 Declaration May Be Amended 4275 Amendment by Court Order
Article 3 - Articles of Incorporation
4280 Content of Articles    
Article 4 - Condominium Plan
4285 Content of Condominium Plan 4295 Amendment to Condominium Plan
4290 Certificate Consenting to Condominium Plan    
Article 5 - Operating Rules
4340 Definitions 4360 Procedures to Adopt
4350 Requirements for Validity 4365 Right of Members to Reverse a Rule Change
4355 Operating Rule Subjects Governed by 4360 and 4365 4370 January 1, 2004 Effective Date
Chapter 4 - Ownership and Transfer of Interests
Article 1 - Ownership Rights and Interests
4500 Ownership of Common Area 4510 Association May Not Deny Access
4505 Access and Support Rights 4515 Right to Assemble
Article 2 - Transfer Disclosure
4525 Documents to Furnish to Purchaser 4535 Other Documents to Furnish to Purchaser
4528 Billing Disclosure Form 4540 Penalty For Failure to Provide Documents
4530 Document Production and Transfer Fees 4545 Failure to Comply Does not Affect Title
Article 3 - Transfer Fee
4575 Limitation on Transfer Fees 4580 Exemption From Limitation on Transfer Fees
Article 4 - Restrictions on Transfer
4600 Grant of Exclusive Use of Common Area to a Member 4610 Partition Actions in Condominium Projects
4605 Civil Action to Enforce §4600 4615 Liens for Labor, Service or Materials
    4620 Notice of Common Area Lien
Article 5 - Transfer of Separate Interest
4625 Community Apartment Project 4640 Stock Cooperative
4630 Condominium Project 4645 Transfer of Exclusive Use Areas
4635 Planned Development 4650 Severability of Interests
Chapter 5 - Property Use and Maintenance
Article 1 - Protected Uses
4700 Limitations on Regulation of Use 4736 Pressure Washing Restriction
4705 Flag of the United States 4740 Retroactive Rental Restrictions
4706 Display of Religious Items 4741 Rental Restriction Limitations
4710 Noncommercial Signs and Banners 4745 Electrical Vehicle Charging Stations
4715 Pet-Keeping Permitted 4745.1 Electric Vehicle TOU Meter
4720 Roofs 4746 Roof Solar Energy System Requirements
4725 Antennas and Satellite Dishes 4750 Personal Agriculture
4730 Restrictions on Ability to Market 4751 Accessory Dwelling Units
4735 Landscape Water / Drought Emergency 4753 Backyard Clotheslines
Article 2 - Modification of Separate Interest
4760 Improvements to Separate Interest 4765 Architectural Review
Article 3 - Maintenance
4775 Responsibility for Maintenance and Repair 4785 Temporal Removal of Occupant
4777 Pesticide Notice Requirement 4790 Telephone Wiring
4780 Wood-Destroying Pests    
Chapter 6 - Association Governance
Article 1 - Association Existence and Powers
4800 Association as Manager 4820 Joint Neighborhood Association
4805 Association's Corporate Powers    
Article 2 - Board Meeting
4900 Open Meeting Act 4930 Limitations on Non-Agenda Items
4910 Board Action Outside Meeting Prohibited 4935 Executive Session
4920 Notice of Board Meetings 4950 Minutes
4923 Emergency Board Meetings 4955 Civil Action to Enforce Article
4925 Right of Memers to Attend and Speak    
Article 3 - Member Meeting
5000 Conduct of Membership Meetings    
Article 4 - Member Election
5100 Secret Ballot Requirement 5125 Custody of Ballots
5105 Election Rules 5130 Proxies
5110 Inspector of Elections 5135 Association Funds for Campaign Purposes
5115 Voting Procedure 5145 Civil Action to Enforce Article
5120 Counting Ballots and Report of Results    
Article 5 - Record Inspection
5200 Association Records and Enhanced Records 5225 Membership List Request Requirements
5205 Inspection of Records 5230 Restriction on Use of Records
5210 Time Periods for Inspection 5235 Enforcement of Inspection Rights
5215 Redacting Information 5240 Application of Article
5220 Membership List Opt Out    
Article 6 - Record Keeping
5260 Requests That Must Be in Writing    
Article 7 - Annual Reports
5300 Annual Budget Report 5310 Annual Policy Statement
5305 Financial Statement Review 5320 Delivery of Report or Summary
Article 8 - Conflict of Interest
5350 Interested Directors    
Article 9 - Managing Agent
5375 Prospective Managing Agent Statement 5380 Deposit of Association Funds by Managing Agent
5375.5 Manager Disclosure of Conflicts of Interest 5385 Full-time Employee Not Managing Agent
5376 Manager To Delivered Agreed Upon Documents    
Article 10 - Government Assistance
5400 Director Education Course 5405 Statement of Information
Chapter 7 - Finances
Article 1 - Accounting
5500 Board Review of Finances Required 5502 Board Approval of Large Fund Transfers
5501 Permissible Method of Review    
Article 2 - Use of Reserve Funds
5510 Expenditure of Reserve Funds 5520 Using Reserve Funds for Litigation
5515 Borrowing Reserve Funds    
Article 3 - Reserve Planning
5550 Reserve Account Study 5565 Summary of Association Reserves
5551 Inspection of Exterior Elevated Elements 5570 Reserve Funding Disclosure Form
5560 Reserve Funding Plan 5580 Community Service Organization Report
Chapter 8 - Assessments and Assessment Collection
Article 1 - Establishment and Imposition of Assessments
5600 Duty to Levy and Limitation Upon Assessments 5615 Notice of Assessment Increase
5605 Assessment Approval Requirements 5620 Regular Assessments Exempt From Creditors
5610 Emergency Assessment Requirements 5625 Property Tax as Basis for Assessments
Article 2 - Assessment Payment and Delinquency
5650 Late Charges and Interest 5673 Decision to Lien
5655 Priority of Assessment Payments 5675 Notice of Delinquent Assessment
5658 Payment Under Protest 5680 Lien Priority
5660 Pre-Lien Notice 5685 Lien Release
5665 Payment Plan 5690 Procedural Noncompliance
5670 Pre-Lien Dispute Resolution    
Article 3 - Assessment Collection
5700 Lien Enforcement 5725 Liens for Monetary Penalties
5705 Initiation of Foreclosure 5730 Statement of Collection Procedure
5710 Foreclosure and Sale Procedure 5735 Limitation on Assignment
5715 Right of Redemption 5740 January 1, 2003, Effective Date
5720 Limitation on Foreclosure    
Chapter 9 - Insurance and Liability
5800 Limitation of Officer and Director Liability 5806 Fidelity Bond Requirement
5805 Limitation of Member Liability 5810 Notice of Change in Coverage
Chapter 10 - Dispute Resolution and Enforcement
Article 1 - Discipline and Cost Reimbursement
5850 Schedule of Monetary Penalties 5865 No Effect on Authority to Impose Penalties
5855 Notice of Disciplinary Hearing    
Article 2 - Internal Dispute Resolution
5900 Disputes with Members 5910.1 Prerequisite to Civil Action
5905 Association to Develop Dispute Resolution Procedure 5915 Default Dispute Resolution Procedure
5910 Dispute Resolution Procedure Requirements 5920 Description of Internal Dispute Resolution Process
Article 3 - Alternative Dispute Resolution
5925 Definitions 5950 Certificate Required Prior to Enforcement Action
5930 Prerequisite to Action in Superior Court 5955 Stipulation to Refer to ADR
5935 Request for Resolution 5960 Attorney’s Fees and Costs
5940 Dispute Resolution Procedure 5965 Summary of ADR Requirements
5945 Time Limitation Tolled    
Article 4 - Civil Actions
5975 Declaration Enforceable - Attorney's Fees and Costs 5985 Comparative Fault
5980 Association Standing 5986 Title 7 Claims and Actions
Chapter 11 - Construction Defect Litigation
6000 ADR Applicable to Actions Against Builder 6150 Notice Prior to Filing Civil Action Against Declarant
6100 Notice of Settlement