Chapter 1 includes:Article 1. Preliminary ProvisionsArticle 2. Definitions DAVIS-STIRLING COMMON INTEREST DEVELOPMENT ACT CHAPTER 1. GENERAL PROVISIONS Article 1. Preliminary Provisions §1350. CitationThis title shall be known and may be cited as the Davis-Stirling Common Interest Development Act. §1350.5. HeadingsDivision, part, title, chapter, and section headings do not in any…
Chapter 2 includes:Article 1. CreationArticle 2. EnforcementArticle 3. AmendmentArticle 4. Operating Rules DAVIS-STIRLING COMMON INTEREST DEVELOPMENT ACT CHAPTER 2. GOVERING DOCUMENTS Article 1. Creation §1352. Application of Title; Creation of Common Interest DevelopmentThis title applies and a common interest development is created whenever a separate interest coupled with an interest…
Inspection of Books and Records of Association California Civil Code § 1365.2 Inspection of Books and Records DAVIS-STIRLING ACT Civil Code §1365.2. Inspection of Books and Records. (a) For the purposes of this section, the following definitions shall apply: (1) “Association records” means all of the following: (A) Any financial…
DAVIS-STIRLING COMMON INTEREST DEVELOPMENT ACTCHAPTER 3. OWNERSHIP RIGHTS AND INTERESTS §1358. Interests Included in Conveyance, Judicial Sale or Transfer of Separate Interests; Transfers of Exclusive Use Areas; Restrictions Upon Severability of Component Interests (a) In a community apartment project, any conveyance, judicial sale, or other voluntary or involuntary transfer of…
A HOA’s failure to comply with its own arbitration provisions nullified its request to compel binding arbitration… Mansouri v. Superior Court of Placer County(2010) 181 Cal.App.4th 633 OPINION CANTIL-SAKAUYE, J. ORIGINAL PROCEEDINGS: Petition for Writ of Mandate. Granted. A dispute arose between petitioner Zari Mansouri and her homeowners’ association, the…
A HOA’s failure to comply with its own arbitration provisions nullified its request to compel binding arbitration… Many disputes arise between Homeowners Associations (HOAs) and homeowners that implicate a HOA’s arbitration and enforcement provisions contained in its governing documents. In Mansouri v. Superior Court of Placer County, 181 Cal.App.4th 633…
The interpretation of a HOA’s maintenance and repair obligations under its CC&Rs resulted in a significant judgment against the HOA… Under the Davis-Stirling Act, Homeowners Associations (HOAs) are typically obligated to repair and maintain common areas except for those common areas deemed to be “exclusive use” common areas. The repair…
The interpretation of a HOA’s maintenance and repair obligations under its CC&Rs resulted in a significant judgment against the HOA… Dover Village Association v. Jennison(2010) 4th District, No. G042741 OPINION RYLAARSDAM, ACTING P. J. Patrick Jennison had a leaky sewer pipe two feet beneath the concrete slab underlying his Newport…
New legislation limits a HOA’s ability to fine recent purchasers of foreclosed properties for failing to maintain those properties… Homeowners Associations (HOAs) have encountered problems with recent purchasers of foreclosed properties that have failed to maintain those properties. Existing law imposes a fine of up to $1,000 per day on…
High instances of foreclosures on rental properties have spurred new protections for unsuspecting renters subject to eviction… High instances of foreclosures on rental properties in Southern California have spurred new protections for unsuspecting renters subject to eviction. SB 1149 (Corbett), effective January 1, 2011, (1) changes the notice period of…