California · Chapter CIV-1
Davis-Stirling Act Ch. 1 — General Provisions — Plain-English Summary
Every section of this body of law translated into plain English for California board members and homeowners.
Preliminary Provisions
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§4000
Names this part the Davis-Stirling Common Interest Development Act. In the Act, this part may be referred to as 'the act.'
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§4005
Division, part, title, chapter, article, and section headings do not affect the scope, meaning, or intent of the Act.
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§4010
The 2014 restatement does not invalidate a document prepared or action taken before January 1, 2014, if it was proper under the law at the time. 'Document' h…
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§4020
Unless a contrary intent is clearly expressed, a local zoning ordinance treats like structures, lots, parcels, areas, or spaces the same regardless of the fo…
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§4035
Documents required to be delivered to the association go to the person named in the annual policy statement. If no one is named, deliver to the president or …
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§4040
Individual notice is first-class mail, overnight delivery, or (if the member consented) email. A member who asked for individual notice of board meetings und…
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§4041
Members must give the association an annual written notice of a mailing address and, optionally, an email. If they don't, the last known address in the assoc…
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§4045
General notice is posting in a prominent common-area location, mailing, inclusion in a billing statement or newsletter, or posting on the association's websi…
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§4050
Mail is deemed delivered on deposit in the U.S. mail. Email is deemed delivered when sent. Posted general notice is deemed delivered when posted.
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§4055
If a document sent electronically is unreadable, the association must resend a readable paper copy at no charge on request.
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§4065
When the Act requires approval by a majority of all members, that means a majority of the total voting power of the association — not just of those who vote.
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§4070
When the Act requires approval by a majority of a quorum, that means a majority of the votes represented at a meeting at which a quorum is present, or return…
Definitions
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§4075
The definitions in this article govern construction of the Act.
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§4076
Defines 'annual budget report' as the report described in §5300.
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§4078
Defines 'annual policy statement' as the statement described in §5310.
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§4080
An 'association' is a nonprofit corporation or unincorporated association created to manage a common interest development.
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§4085
'Board' means the board of directors of the association.
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§4090
A board meeting is a congregation or teleconference of a quorum of directors to hear, discuss, or transact association business — except as the Open Meeting …
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§4095
Common area is the entire common interest development except the separate interests. In a planned development it may be owned by the association or in common…
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§4100
A common interest development is a community apartment project, condominium project, planned development, or stock cooperative — the four CID types the Act c…
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§4105
A community apartment project is a development in which an undivided interest in the land is coupled with the exclusive right to occupy an apartment.
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§4110
A community service organization is a nonprofit entity that provides services (often recreational) to a common interest development or its members.
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§4120
A condominium plan is the recorded plan described in §4285 that describes the units and common area.
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§4125
A condominium project is a CID in which an undivided interest in common in a portion of the real property is coupled with a separate interest in space called…
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§4130
The declarant is the person who created the CID or succeeded to that interest — typically the developer.
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§4135
The declaration is the recorded document that creates the CID (the CC&Rs).
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§4140
A director is a natural person who serves on the board.
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§4145
Exclusive-use common area is a portion of the common area designated by the declaration for the exclusive use of one or more, but fewer than all, of the owne…
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§4148
'General notice' means notice delivered pursuant to §4045.
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§4150
Governing documents are the declaration, bylaws, articles, and operating rules — the full set of documents that govern the association.
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§4153
'Individual notice' means notice delivered pursuant to §4040.
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§4155
An item of business is any action within the authority of the board, except those the Open Meeting Act lets the board take outside a meeting.
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§4158
A managing agent is a person who, for compensation, exercises control over the association's assets or finances. Employee-managers have a narrower definition…
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§4160
A member is an owner of a separate interest who is, by governing documents, a member of the association.
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§4170
'Person' means a natural person, corporation, government, or other legal entity.
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§4175
A planned development is a CID (other than a condo, community apartment, or stock co-op) that has either a common area owned by the association or common are…
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§4177
Reserve accounts hold the funds set aside for the repair, restoration, replacement, or maintenance of major components the association must maintain.
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§4178
'Reserve account requirements' means the funds identified in the reserve study to meet the association's obligation for major components.
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§4185
A separate interest is the individually owned piece: a unit in a condo, a lot in a planned development, an apartment in a community apartment, or a share plu…
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§4190
A stock cooperative is a CID in which a corporation owns the property and the shareholders receive a right of exclusive occupancy in a portion of the property.
Frequently asked about Chapter CIV-1
- What is California Chapter CIV-1?
- California Chapter CIV-1 — the Davis-Stirling Act Ch. 1 — General Provisions — is the body of law that governs how every California CID is structured, operated, and held accountable. It covers governance, voting, records, assessments, fining, and most of the day-to-day legal questions a board will face.
- How many sections are in Chapter CIV-1?
- Chapter CIV-1 contains 40 sections in this reference. Each is summarized in plain English on its own page, with links to the official text at leginfo.legislature.ca.gov.
- Is the summary on this site legal advice?
- No. These pages are plain-English summaries prepared by SoShiny for board members and managers. For binding legal advice or interpretation of how a section applies to your specific situation, consult a California-licensed attorney.
- How often does California Chapter CIV-1 change?
- The California Legislature can amend any chapter in any session. We update these summaries when we re-import the official text — see the 'Last updated' date on each section page.
- Does SoShiny enforce Chapter CIV-1 for me?
- No software 'enforces' a statute — but SoShiny is built around it. Voting, meeting minutes, records access, fining workflow, and audit trails are designed to meet this body of law's requirements out of the box, so the board can demonstrate good-faith compliance if challenged.
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