California · Chapter CIV-3
Davis-Stirling Act Ch. 3 — Governing Documents — Plain-English Summary
Every section of this body of law translated into plain English for California board members and homeowners.
General Provisions
-
§4205
If governing documents conflict, the ranking is: law, then the declaration, then the articles, then the bylaws, then operating rules. The higher document con…
-
§4210
The association may record a statement identifying itself, its managing agent, and other facts useful to title companies and owners.
-
§4215
The declaration is liberally construed to facilitate the operation of the CID. Covenants are enforceable as equitable servitudes unless unreasonable.
-
§4220
In a condominium, the unit boundaries are as described in the condominium plan. Interior unfinished surfaces of walls, floors, and ceilings typically bound t…
-
§4225
The board shall amend the governing documents to delete any unlawful discriminatory restriction (race, religion, and the other protected classes). No members…
-
§4230
After the declarant no longer owns a separate interest, the board may amend the governing documents to delete obsolete declarant provisions without a members…
-
§4235
The board may amend governing documents solely to correct cross-references to the pre-2014 Davis-Stirling numbering, without a membership vote.
Declaration
-
§4250
The declaration must contain a legal description of the CID, a statement of CID type, the name of the association, and the restrictions on use and alienation.
-
§4255
If the CID is in an airport influence area, the declaration (or a recorded notice) must disclose that fact in specified statutory language.
-
§4260
The declaration may be amended as provided in the declaration or this Act, unless a provision is declared to be unamendable.
-
§4265
If the declaration has a stated term, the members may extend it. The statute sets the vote needed when the declaration is silent.
-
§4270
An amendment of the declaration is effective when the required vote is obtained and the amendment is recorded in every county where the CID sits.
-
§4275
If an amendment fails because of a supermajority requirement, owners of more than 50 percent of the separate interests may petition the superior court to red…
Articles of Incorporation
-
§4280
The articles must state that the corporation is an association formed to manage a CID under the Davis-Stirling Act, and must include the CID's name and address.
Condominium Plan
-
§4285
A condominium plan is a description or survey map of the condo project, a three-dimensional description of the units, and a certificate consenting to the rec…
-
§4290
The condominium plan is recorded in the county where the property sits. A condo is not created until the plan is recorded.
-
§4295
A condominium plan may be amended or revoked by a recorded instrument executed by the required owners and lienholders.
Operating Rules
-
§4340
An operating rule is a regulation adopted by the board that applies generally to the management and operation of the CID or the conduct of members and occupa…
-
§4350
An operating rule is valid and enforceable only if it is in writing, within the board's authority, consistent with the governing documents and law, adopted i…
-
§4355
The statutory rulemaking process applies to rules that affect use of common area, architectural standards, member discipline, assessment delinquency, and ele…
-
§4360
The board must give at least 28 days' general notice of a proposed rule change, including the text, and consider member comments. After adopting, it must giv…
-
§4365
Members holding 5 percent or more of the voting power may call a special meeting to reverse a rule change. A majority of a quorum can veto the rule.
-
§4370
The rulemaking article applies to rule changes made on or after January 1, 2004. Older rules stay in place unless later changed.
Frequently asked about Chapter CIV-3
- What is California Chapter CIV-3?
- California Chapter CIV-3 — the Davis-Stirling Act Ch. 3 — Governing Documents — 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-3?
- Chapter CIV-3 contains 23 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-3 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-3 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.
Running a CID in California?
SoShiny is built around Chapter CIV-3 from day one — every feature on every plan.
Start your community free →