California · Chapter CIV-4
Davis-Stirling Act Ch. 4 — Ownership and Transfer — Plain-English Summary
Official title: Davis-Stirling Act Ch. 4 — Ownership and Transfer of Interests. Translated into plain English for board members and homeowners.
Ownership Rights
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§4500
Unless the declaration provides otherwise, the common area in a condominium is owned by the owners as tenants in common, in equal shares, one per unit.
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§4505
Unless the declaration provides otherwise, owners have an easement for ingress, egress, and support through the common area.
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§4510
Except as otherwise provided in law, an owner shall not be denied access to the owner's separate interest.
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§4515
The association may not prohibit members from assembling peacefully in common area, canvassing, circulating petitions, or using social media to discuss CID l…
Transfer Disclosure
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§4525
Before transfer of title, the owner must provide the buyer a statutory packet: governing documents, the age of the CID, the assessment amount, unpaid assessm…
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§4528
Provides the statutory billing-disclosure form the association uses when it charges for the §4525 document packet, so the owner can see the document list and…
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§4530
Within 10 days of a written request, the association must provide the documents listed in §4525 to the owner or the owner's agent, and may charge no more tha…
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§4535
Nothing in this article relieves the owner of other disclosure duties that apply to the sale of residential property.
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§4540
A person who willfully violates the transfer-disclosure article is liable for actual damages and a civil penalty. An association that complies in good faith …
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§4545
Failure to comply with this article does not affect the validity of title to the transferred separate interest.
Transfer Fee
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§4575
Except as provided in §4580, an association shall not impose a transfer fee on the sale of a separate interest.
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§4580
Document-production fees, escrow-related fees authorized elsewhere, and certain fees that existed before January 1, 2008, are exempt from the §4575 ban.
Restrictions on Transfer
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§4600
The board may not grant exclusive use of any portion of the common area to a member without approval of 67 percent of the owners (secret ballot), with listed…
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§4605
A member may bring a civil action to enforce §4600. The prevailing party may recover reasonable attorney fees and costs.
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§4610
A condo project may not be partitioned unless the property is destroyed and more than 50 percent of the building is not rebuilt, or a court finds partition i…
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§4615
A mechanic's lien for work authorized by the association may attach to each unit in proportion to the owner's common-area interest. An owner who pays that sh…
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§4620
Within 30 days of having knowledge of a recorded mechanic's lien, the association must give written notice to each member.
Transfer of Separate Interest
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§4625
Any transfer of a community apartment must include the transferor's entire interest in the community apartment project and the exclusive right of occupancy.
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§4630
Any transfer of a condominium unit must include the transferor's entire interest in the unit and the undivided interest in the common area.
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§4635
Any transfer of a planned-development separate interest must include the transferor's interest in the common area, if any.
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§4640
Any transfer of a stock-cooperative interest must include the share or membership and the exclusive right of occupancy that goes with it.
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§4645
Exclusive-use common area transfers with the separate interest to which it is appurtenant, unless the declaration provides otherwise.
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§4650
The common-area interest and exclusive-occupancy right that accompany a separate interest cannot be severed from it, except as this article allows.
Frequently asked about Chapter CIV-4
- What is California Chapter CIV-4?
- California Chapter CIV-4 — the Davis-Stirling Act Ch. 4 — Ownership and Transfer — 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-4?
- Chapter CIV-4 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-4 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-4 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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