Davis-Stirling Common Interest Development Act Recast

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I. INTRODUCTION -

After years of legislative tinkering, the Davis-Stirling Common Interest Development Act, which regulates common interest developments such as condominiums, finally underwent a long-awaited restructuring. For the most part, Assembly Bill 805 recasts the Act, making it more organized and user-friendly. However, as detailed below, some substantive, albeit noncontroversial, changes have been made. For ease of transition, the amendments take effect January 1, 2014. In concert with the enactment of AB 805, the legislature also enacted AB 806, which will update cross references in other statutes as a result of the renumbering of the Act. This article gives a brief overview of the Act, examines the amendments made as a result of AB 805, and discusses additional proposed amendments.

II. DAVIS-STIRLING ACT — A BRIEF OVERVIEW -

As its name implies, the Davis-Stirling Common Interest Development Act, which was first adopted in 1986, governs common interest developments in California most notably condominiums. Common interest developments are also governed by an association run by volunteer directors, whose actions and authority are intimately tied to the Act. Some may argue that from its inception, the Act, which encompasses numerous topics (e.g., ownership rights and interests, governing documents, meetings, and operations), has been confusing and difficult to navigate. There have been attempted fixes, but more than cosmetic changes were required. The California Law Revision Commission heeded the call, and embarked on a multi-year journey to recast the Act, culminating in AB 805 and AB 806.

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