California Property Management: HOA Davis Stirling Act Civil Codes

How Davis Stirling Act Civil Codes Help HOAs

Sometimes, homeowners associations get a bad rap. We’ve all heard the stories about HOAs that try to enact rules and regulations that are completely erroneous and unenforceable. For instance, if your lawn is more than ½ inch long on the third Saturday of the month, they you have to pay a fine. The purpose of homeowners associations isn’t to harass neighbors and create a militant style atmosphere. Rather, they exist to help neighbors work together to create a better quality of life and maintain property values. You won’t have to worry about someone painting their house bright purple, parking an abandoned car on their front lawn or the government neglecting a community playground. The Davis Stirling Act Civil Codes are designed to help developers establish HOAs that run smoothly and efficiently.

How It Works

In 1985, the California State Legislature approved the Davis Stirling Act Civil Codes to help the developer of a common interest development create a homeowners’ association to govern the development as they see fit. The developer is required to file Declarations of Covenants, Conditions and California Capitol BuildingRestrictions (CC&Rs). This document is essentially the constitution of the HOA and is a legally binding document. Members of the HOA can vote to amend the document, as long as rules and regulations are within State and Federal laws.

What Is Outlined

The CC&Rs outline what is expected of residents who live within the boundaries of the HOA as well as what services the HOA will give them in return. Some of the items include:

  • Fee structure
  • Pet responsibilities
  • Improvements
  • Common Areas
  • Collection of delinquent fees

Why It Is Beneficial

As more and more municipalities are experiencing economic shortfalls and cutting more community resources from their budgets despite tax increases, HOAs are extremely beneficial. HOAs enable homeowners to keep valuable assets such as neighborhood parks, jogging paths, clubhouses and pools. All of these things increase the quality of life in a particular community and keep the property values up. HOA fees can also be used to procure lawn care services for common areas to keep neighborhoods looking pristine or streetlights and security guards to make them safer. Essentially, homes located in a HOA are more desirable and the Davis Stirling Act gives HOAs the structure they need to operate.

National Property Management Group
28009 Smyth Drive
Valencia, CA 91355