The Davis-Stirling Common Interest Development Act
The Davis-Stirling Common Interest Development Act is the common name of the portion of the California Civil Code beginning with section 1350 which governs condominium, cooperative, and planned unit development communities in California. It was authored by Assemblyman Lawrence W. "Larry" Stirling and enacted in 1985 by the California State Legislature.
The implications of common interest development
Under Davis-Stirling, a developer of a common interest development is able to create a homeowners' association (a HOA) to govern the development. As part of creating an HOA, the developer of a common interest development records a document known as the Declaration of Covenants, Conditions, and Restrictions (CC&Rs) against the units or parcels within the HOA with the county recorder. Each home, condo or "unit" within the development is then governed by the recorded CC&Rs. Even though it is not a governmental entity, an HOA operates much like one in certain respects. As recognized by the Supreme Court of California, the CC&Rs of a development operate as the constitution of the HOA and are legally binding upon all residents. Once recorded, CC&Rs are presumed valid until proven otherwise.
We have represented both sides
The attorneys at Morris, Sullivan & Lemkul, LLP have years of experience handling Davis-Stirling Common Interest Development cases. Our attorneys have handled all facets of litigation on behalf of, and against, homeowners' associations throughout California.