California Civil Code – Davis-Stirling Act (Valid Through 2013)
Davis-Stirling Act – General Provisions | |
| § 1350 | Short Title |
| § 1350.5 | Headings |
| § 1350.7 | Delivery |
| § 1351 | Definitions |
Davis-Stirling Act – Governing Documents | |
| § 1352 | Requirements For Creation of Common Interest Development |
| § 1352.5 | Covenants In Violation of Gov. Code Section 12955; Action For Injunctive Relief |
| § 1353 | Contents of Declaration |
| § 1353.5 | Right to Display the American Flag |
| § 1353.6 | Displaying Of Noncommercial Signs Or Flags |
| § 1353.7 | Fire Retardant Roof Covering Materials |
| § 1353.8 | Prohibition on use of low water–using plants or water–efficient landscape void |
| § 1353.9 | Electric Vehicle Charging Stations |
| § 1354 | Covenants And Restrictions In Declaration; Enforcement |
| § 1355 | Amendment Of Declaration |
| § 1355.5 | Amendment To Delete Developer Provisions |
| § 1356 | Petition To Court To Reduce Percentage Of Affirmative Votes To Amend Declaration; Recording Amendment; Mailing |
| § 1357 | Extending Term of Declaration |
| § 1357.100 | “Operating Rule” And “Rule Change” Defined |
| § 1357.110 | Validity |
| § 1357.120 | Application |
| § 1357.130 | Notice Of Rule Change |
| § 1357.140 | Special Meeting Of Members To Reverse A Rule Change |
| § 1357.150 | Effective Date |
Davis-Stirling Act – Ownership Rights and Interests | |
| § 1358 | Interests Included In Conveyance, Judicial Sale Or Transfer Of Separate Interests; Transfers Of Exclusive Use Areas; Restrictions Upon Severability Of Component Interests. |
| § 1359 | Restrictions On Partition |
| § 1360 | Modification Of Unit By Owner; Facilitation Of Access For Handicapped; Association Approval |
| § 1360.2 | Rental Restrictions |
| § 1360.5 | Pet Provision |
| § 1361 | Rights Or Easements In Common Area |
| § 1361.5 | Denial Of Access To Owner’s Separate Interest |
| § 1362 | Ownership Of Common Areas |
Davis-Stirling Act – Governance | |
| § 1363 | General Powers And Duties Of Association; Meetings; Access To Records; Disciplinary Action |
| § 1363.001 | On-Line Education Course |
| § 1363.005 | Distribution of Disclosure Documents Index |
| § 1363.03 | Adoption Of Rules Regarding Election Procedures; Appointment Of Election Inspectors; Voting By Secret Ballot; Proxy And Ballot Instructions; Publication Of Election Results; Retention Of Ballots; Application Of Article |
| § 1363.04 | Use of Association Funds For Campaign Purposes Prohibited. |
| § 1363.05 | Member Attendance At Board Meetings; Executive Sessions; Emergency Meetings; Availability Of Board Minutes; Notice Of Meetings; Owner Right To Speak At Meetings |
| § 1363.07 | Membership Approval Required For Grant Of Exclusive Use Common Area; Exceptions |
| § 1363.09 | One Year Statute Of Limitations – Action For Violation Of Article; Penalties; Small Claims Court Option |
| § 1363.1 | Prospective Managing Agent Disclosure |
| § 1363.2 | Managing Agent Duties; Deposition Of Association Funds. |
| § 1363.5 | Articles Of Incorporation Disclosure Statement |
| § 1363.6 | Association Information Statement Submitted To Secretary Of State; Penalty For Non-Compliance |
| § 1363.810 | Application Of Article |
| § 1363.820 | Dispute Resolution Procedure Required |
| § 1363.830 | Dispute Resolution Procedure Minimum Requirements |
| § 1363.840 | Statutory Dispute Resolution Procedure |
| § 1363.850 | Notice of Dispute Resolution Procedure |
Davis-Stirling Act – Operations | |
| § 1364 | Responsibility For Maintenance of Common Area; Damage By Wood-Destroying Pests or Organisms; Relocation Costs; Notice Of Repair; Access To Telephone Wiring. |
| § 1365 | Financial Documents |
| § 1365.1 | Distribution Of Written Notice Of Assessments, Foreclosure, And Payment Plans |
| § 1365.2 | Right To Inspect And Copy Association Records; Restrictions On Use; Cost of Production; Redaction Of Information To Prevent Identity Theft; Penalties For Non-Compliance |
| § 1365.2.5 | Assessment And Reserve Funding Disclosure Summary |
| § 1365.3 | Association Report Required To Meet Standards Of Corp. Code Section 5012 |
| § 1365.5 | Board Of Directors; Duties; Reserve Accounts |
| § 1365.7 | Liability Of Volunteer Officer Or Director; Criteria; Limitations |
| § 1365.9 | Liability For Common Areas; Action Against Association; Insurance Requirements |
| § 1366 | Regular And Special Assessments; Limitation On Increases; Delinquent Assessments; Interest |
| § 1366.1 | Excessive Assessments Or Fees |
| § 1366.2 | Collection Of Assessments; Recording Of Identifying Statement |
| § 1366.4 | Levy of assessments on separate interests |
| § 1367 | Lien For Delinquent Assessments Recorded Before January 1, 2003 |
| § 1367.1 | Lien For Delinquent Assessments Recorded After January 1, 2003 |
| § 1367.4 | Limitations On Collection Of Delinquent Assessments ThroughForeclosure; Right Of Redemption |
| § 1367.5 | Lien Filed In Error; Reversal Of Costs And Fees |
| § 1367.6 | Payment Under Protest |
Davis-Stirling Act – Transfer of Ownership Interests | |
| § 1368 | Documents To Be Provided To Prospective Purchaser |
| § 1368.1 | Arbitrary Or Unreasonable Restrictions On Owner’s Ability To Market Unit Void |
| § 1368.2 | Escrow Disclosure Form |
Davis-Stirling Act – Civil Actions and Liens | |
| § 1368.3 | Association Standing As Real Party In Interest |
| § 1368.4 | Damages Allocated By Comparative Fault |
| § 1368.5 | Civil Action By Association; Notice Prior To Filing |
| § 1369 | Liens For Labor And Materials |
| § 1369.510 | “Alternative Dispute Resolution” And “Enforcement Action” Defined |
| § 1369.520 | ADR Required Prior To Filing An Enforcement Action |
| § 1369.530 | Service Of Request For Resolution |
| § 1369.540 | Completion of Resolution Process Within 90 Days |
| § 1369.550 | Tolling Of The Time Limitation For Commencing An Enforcement Action |
| § 1369.560 | Filing Certification Of Compliance |
| § 1369.570 | Stipulated Agreement to Pursue Alternative Dispute Resolution After Commencement Of Enforcement Action |
| § 1369.580 | Court Discretion In Awaiting Fees And Costs Based Upon Participation In Alternative Dispute Resolution |
| § 1369.590 | Annual Distribution Of Summary Of Alternative Dispute Resolution Procedures Required |
Davis-Stirling Act – Construction of Instruments and Zoning | |
| § 1370 | Liberal Construction Of Governing Documents. |
| § 1371 | Boundaries Of Unit |
| § 1372 | Construction Of Local Zoning Ordinances |
| § 1373 | Developments Expressly Zoned As Industrial Or Commercial And Limited To Such Purposes |
| § 1374 | Inapplicability Of Law To Developments Without Common Areas |
Davis-Stirling Act – Construction Defect Litigation | |
| § 1375 | Construction Defect Litigation; Prefiling Dispute Resolution Process |
| § 1375.05 | Construction Defect Litigation; Filing Of Complaint; Inspection Process; Expert Witness Depositions |
| § 1375.1 | Disclosure To Association Members Of Settlement Agreement Regarding Defects |
Davis-Stirling Act – Improvements | |
| § 1376 | Installation Of Video And Television Antenna |
| § 1378 | Required Architectural Review Procedures; Exemptions |