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5 HOA Member Rights Under the Davis-Stirling Act

Homeowner’s specific rights are established by the governing documents of the HOA (i.e. the Bylaws, the Covenants, Conditions and Restrictions, etc.), the Davis-Stirling Act and the California Corporations Code. Specifically, the Davis-Stirling Act, which was adopted in 1985, applies to all common interest developments and condominiums. (See Civil Code §§ 4000 et. seq.) It is important to note that the Act does not apply to commercial and industrial common interest developments as defined in Civil Code § 6531. (See Civil Code §§ 4202).

Specifically, some of the rights of HOA members under the Davis- Stirling Act include:

  1. A residential association must make its accounting books, minutes of proceedings and records available for inspection and copying by a requesting member, or the member’s designated representative. (See Civil Code §§ 5205 (a), 5205 (b). Once requested, access to the records must be given within 10 business days.  (See Civil Code §§ 5210). Further, for a complete list of association “records” that homeowner’s have a right to access, please see Civil Code §§ 5200.
  2.  No governing document shall limit or prohibit or be construed to limit or prohibit, the display of the United States Flag. (See Civil Code §§ 4705).
  3. If a development is located within an airport influence area, any HOA’s CC&R’s recorded after January 1, 2004 must contain a specific statement giving notice of the airport in the vicinity. (See Civil Code §§ 4225). It is crucial to note that San Francisco has special rules regarding this matter. (See Civil Code §§ 4225)
  4. Homeowners can request to modify a property in order to gain access or facilitate the use of their units, at their own expense, for disabled persons, as long as the modifications do not “impair the structural integrity or mechanical systems or lessen the support of any portions of the common interest development.” (Civil Code §§ 4760). Boards have the power to set some conditions regarding this issue, however, they cannot deny these requests unless the modifications: (a) adversely affect the health or safety of neighbors OR (b) are not necessary because of possible alternatives. (See Civil Code §§ 4760).
  5. No governing documents passed after January 1, 2010, can prohibit a homeowner from keeping one pet, subject to any reasonable rules and regulations of the association. However, this in no way means that a homeowner can keep a dangerous pet or nuisance pet on the property. (See Civil Code §§ 4715).
If you are experiencing any issues with your Homeowner’s Association, please contact Schorr Law, APC by phone at (310) 954-1877, by email at info@schorr-law.com or by filling out the contact form on this page.   Schorr Law’s Los Angeles based HOA attorneys have significant experience with HOA issues. Contact us now to inquire about a free-30 minute consult.
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