California · Chapter CIV-5
Davis-Stirling Act Ch. 5 — Property Use and Maintenance — Plain-English Summary
Every section of this body of law translated into plain English for California board members and homeowners.
Protected Uses
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§4700
This article lists uses the association may not prohibit. Other reasonable use restrictions in the governing documents still apply.
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§4705
The association may not prohibit display of the flag of the United States on or in the member's separate interest or exclusive-use common area, except as nee…
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§4706
The association may not prohibit a member from displaying a religious item on the entry door or doorframe of the member's separate interest, within listed si…
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§4710
The association may not prohibit noncommercial signs, posters, flags, or banners on or in a separate interest, except as to size (generally 9 square feet for…
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§4715
The association may not prohibit keeping at least one pet (a dog, cat, or other common household pet) in a separate interest, subject to reasonable rules and…
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§4720
The association may not require a roof that violates local fire-safety standards. When a roof is replaced, fire-retardant materials required by local ordinan…
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§4725
The association may not prohibit a video or television antenna (including a satellite dish) of a size and location protected by federal OTARD rules, though i…
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§4730
The association may not prohibit an owner from marketing the separate interest. Reasonable restrictions on the number and location of for-sale signs are allo…
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§4735
The association may not prohibit low-water-using plants, or require that turf be watered when the owner is following a local water-conservation schedule. Art…
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§4736
During a declared drought emergency, the association may not require pressure washing of a separate interest, except for health and safety.
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§4739
Sets the relationship between this article and an association's lease restrictions. Read with §§4740 and 4741, which are the operational rental rules.
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§4740
A governing-document amendment that prohibits rentals does not apply to an owner who had title before the amendment was recorded, with listed exceptions.
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§4741
The association may not adopt a rental cap below 25 percent of the separate interests, may not ban rentals of more than 30 days, and may not count ADUs or JA…
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§4745
The association shall not unreasonably prohibit installation of an EV charging station in an owner's designated parking space or exclusive-use common area. T…
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§4745.1
The association shall not unreasonably prohibit or restrict installation of an EV-dedicated time-of-use meter for an EV charging station, subject to reasonab…
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§4746
The association shall not unreasonably prohibit solar energy systems. Effective July 1, 2025-era amendments require specific cost and delay findings before a…
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§4750
The association may not prohibit a member from using a backyard of a separate interest for personal agriculture, subject to reasonable rules on height, maint…
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§4751
The association shall not unreasonably restrict or prohibit the construction of an accessory dwelling unit or junior ADU on a separate interest. Local ADU la…
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§4753
The association may not prohibit a clothesline or drying rack in a member's backyard, subject to reasonable rules on location and time of use.
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§4760
Subject to the governing documents and this article, an owner may make improvements or alterations to the separate interest that do not impair the structural…
Protection of Project
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§4765
If architectural approval is required, the association must provide a fair, reasonable, and expeditious procedure and a written decision. If the governing do…
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§4775
Unless the declaration says otherwise, the association maintains the common area and the owner maintains the separate interest. Exclusive-use common area is …
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§4777
When the association applies a pesticide in a common area or a unit, it must give affected owners and tenants at least 48 hours' written notice with the stat…
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§4780
In a condominium or community apartment, the association is responsible for wood-destroying pest and organism treatment of the common area. In a planned deve…
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§4785
The association may require occupants to temporarily vacate a separate interest to allow pest treatment or other work the association must perform. Notice an…
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§4790
Telephone wiring designed to serve a single separate interest, located in the common area, is exclusive-use common area of that separate interest.
Frequently asked about Chapter CIV-5
- What is California Chapter CIV-5?
- California Chapter CIV-5 — the Davis-Stirling Act Ch. 5 — Property Use and Maintenance — 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-5?
- Chapter CIV-5 contains 26 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-5 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-5 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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