Davis-Stirling Act

The Davis-Stirling Act is the California law that governs common interest developments, meaning condominiums, planned developments, community apartment projects and stock cooperatives. It is found in the California Civil Code, beginning with Section 4000. It sets the rules for how an association is run, from board meetings and elections to budgets and disputes. It protects the rights of each homeowner and sets the financial duties of the association. California HOAs and condo associations all fall under it.

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What are the requirements for a Davis-Stirling emergency special assessment?

The Davis-Stirling Act limits special assessments but carves out emergencies. California’s Section 5605 caps special assessments at 5 percent of the budgeted gross expenses for the fiscal year.

The board needs the approval of a majority of a quorum of members to go above that cap.

Section 5610 lists the emergency exceptions. They cover an expense ordered by a court, a threat to health or safety, and a repair the board could not have reasonably foreseen. Before it levies the assessment, the board must pass a resolution with written findings and send it to the members with the notice of assessment.

The tool below checks a proposed assessment against the state cap.

When was Davis Sterling enacted?

The Legislature enacted the Act in 1985, and the California Law Revision Commission reports that lawmakers passed it mainly to consolidate and standardize the rules for the different types of developments. It was recodified, with an operative date of January 1, 2014, to make it simpler to use. The 2014 version is the one in force today.

Key details of the Act

The Davis-Stirling Act applies to the association and to every owner in a covered community. The California Attorney General describes it as the body of law that governs HOAs in California, including board elections, finances, maintenance duties and dispute resolution.

An association also follows its own recorded documents. Section 4205 says the law prevails over the declaration, the declaration over the bylaws, and the bylaws over the operating rules. See how CC&Rs work in an HOA for how the declaration works.

Can HOA have selective enforcement under the Davis-Stirling Act?

Section 4350 requires an operating rule to be reasonable. Section 5850 requires monetary penalties to be reasonable. It caps a fine at the lesser of the scheduled amount or $100 per violation, with a health and safety exception.

An owner who thinks a rule is applied unevenly can start with the association’s internal dispute resolution under Section 5910. A California attorney can confirm how the Act applies to a specific case.

Key rules of the Act

The rules fall into a few groups. Each one carries a section that sets the detail.

• Meetings: Section 4920 requires four days of notice of a board meeting with an agenda. Section 4925 lets any member attend, except in executive session.
• Elections: Section 5100 requires secret ballots, and a board seat election at least once every four years.
• Budgets: Section 5300 requires an annual budget report 30 to 90 days before the fiscal year ends.
• Reserves: Section 5550 requires a reserve study inspection at least once every three years.
• Records: Section 5210 gives the association 10 business days to produce current-year records.

Core components of the Act

The Common Interest Development Open Meeting Act, found in Section 4900 and following, makes board meetings open to members. The board may not act on an item that was not on the posted agenda, with limited exceptions.

Core areas governed by Davis-Stirling

The Act covers four areas. They are the structure of the development, the financial duties of the association, the upkeep of shared property, and the way disputes are resolved.

On structure, Section 4100 lists the four types of development. On the common area, Section 4775 makes the association responsible for repairing and maintaining it, unless the declaration says otherwise. See HOA Common Area for the wider definition.

The table compares California with seven other states on fines, hearings, special assessments and records requests.

State	Fine cap per violation	Hearing before a fine	Special assessment limit	Records request response
Arizona	No dollar cap in statute	Yes	No statutory cap	10 business days
California	$100 (higher for health or safety violations)	Yes, 10 days written notice	5 percent of budgeted gross expenses, then a member vote	10 business days
Colorado	$500	Yes	No percentage cap in statute	30 calendar days
Florida	$100	Yes, 14 days written notice	No statutory cap; set by the declaration	10 business days
Illinois	No dollar cap in statute	Yes	115 percent petition trigger (HOA)	30 days (HOA)
Nevada	$100	Yes	No percentage cap; owners can reject the budget	21 days (financial documents)
Texas	No dollar cap in statute	Yes, 10 days notice	No statutory cap	10 business days
Virginia	$50	Yes, 14 days notice	No statutory cap	10 business days

Each entry is the statutory default, last checked September 24, 2026. A licensed attorney in your state can confirm how these rules apply to a specific association.

Davis-Stirling Act pdf

The full text is free on the California Legislature’s website, under Civil Code Division 4, Part 5. Search for Sections 4000 to 6150 to download or print it.

What is the purpose of the Davis-Stirling Act?

The Act sets one set of rules for these developments. The Assembly Committee on Housing and Community Development says it covers voting, access to records, assessments, meetings and the liability of officers and directors.

What does the Davis-Stirling Act not apply to?

The Act does not set the rules for associations in other states. The California Law Revision Commission reports that it was originally meant to govern only residential property. The Commission has recommended a separate statute for commercial and industrial developments.

What happens when boards violate Davis-Stirling Act

An owner has several remedies. Section 5930 generally requires the parties to try alternative dispute resolution before filing an enforcement action. Section 5975 awards the prevailing party reasonable attorney’s fees and costs in an action to enforce the governing documents.

A board that withholds records can face a civil penalty. Section 5235 allows a court to award costs and attorney’s fees, and a penalty of up to $500 for each separate written request that was denied.

Who is Davis-Stirling?

The Act is named for two members of the California Assembly, Gray Davis and Larry Stirling, who added their names as authors of the 1985 bill. Section 4000 says the part may be cited by that name.

The Act is the work of a legislative effort, not a single person. The Legislature can amend it, so owners should check the current text before relying on a section.

Checklist for owners and boards

Use this list to put the Act to work. Related pages cover Davis Stirling Special Assessment and how a condo is owned. The board and governance guides list the other board topics.

• ☐ Get the current declaration, bylaws and operating rules.
• ☐ Confirm the board posts an agenda four days before each meeting.
• ☐ Check that the annual budget report reaches members 30 to 90 days before year end.
• ☐ Compare any proposed special charge with the 5 percent cap.
• ☐ Ask for records in writing and note the 10-business-day deadline.
• ☐ Use internal dispute resolution before filing in court.

Educational information, not legal advice. See the disclaimer.