California Reorganizes the Davis-Stirling Common Interest Development Act
(Posted October 1, 2013)
On August 17, 2012, Governor Brown signed into law AB 805 (Stats 2012, ch 180), which reorganizes the Davis-Stirling Common Interest Development Act. The reorganization, which takes effect January 1, 2014, attempts to continue the substance of existing law in a more logical and user-friendly form by moving the Act from CC §§1350-1378 to CC §§4000-6150 and reorganizing several sections. Also signed into law in August 2012 was AB 806 (Stats 2012, ch 181), which makes technical conforming changes to statutes that cross-reference the Act. A year later, on August 27, 2013, the Governor signed SB 745 (Stats 2013, ch 183), which includes clean-up legislation to clarify the intent of certain language in the Act and make other minor changes.
In addition to moving the Act, several substantive changes have been made. Specifically, the bill does the following:
Any substantive changes in the new law do not retroactively invalidate actions and documents that were completed prior to the operation of the new law and that were proper under the former law.
For in-depth discussion of the Davis-Stirling Act as it applies to existing common interest communities and homeowners' associations, see Advising California Common Interest Communities (Cal CEB 2003). For detailed coverage of how to create a common interest development from the developer's perspective, see Forming California Common Interest Developments (Cal CEB 2004).
Check out CEB's On Demand program, Recent Changes in Common Interest Development Law
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