Overview
The Davis-Stirling Act is the foundation of California HOA law. Found in Civil Code 4000–6150, the Davis-Stirling Act governs nearly every aspect of HOA life from how boards operate to how homeowners vote, pay assessments, and resolve disputes. Because these statutes are spread across so many provisions of the Civil Codee, understanding what applies can be difficult.
This Fact Sheet breaks down the Davis-Stirling Act into the key sections that matter to homeowners the most. It’s designed as a search-friendly, practical reference for California homeowners who want to know what the Davis-Stirling Act says.
Key Points
The Davis-Stirling Act organizes HOA governance into several core categories that define homeowner rights and board obligations.
- Governance and board duties (Civil Code 4900–4935). Boards must act within their authority, follow open-meeting laws, and limit executive sessions to narrow exceptions such as litigation and member discipline (Civil Code 4935). Directors owe fiduciary duties of care and loyalty to the membership. You can watch a 90-second video from my podcast, HOA HELL, about the only five items that board members can discuss in executive session: “What Can a HOA Board Discuss in Executive Session in California?”
- Access to records and transparency (Civil Code 5200–5240). Members have an unfettered right to inspect a broad array of financial records, contracts, invoices, agendas, and meeting minutes. HOAs must respond to written requests within statutory timelines and may charge only reasonable copying costs. HOAs that ignore properly made 5200 requests face steep statutory penalties and the prospect of paying for the homeowner’s attorney’s fees. For a deeper dive into this topic, you might want to read my article, “Your HOA’s Paper Trail: How to Use Civil Code § 5200 to Get Every Document You Need”
- Elections and voting (Civil Code 5100–5145). These sections of the Civil Code govern all member votes, including director elections, assessment approvals, CC&R amendments, and exclusive-use common-area grants. Ballots must be secret and handled by independent inspectors. Electronic voting is allowed under Civil Code 5110(c) if the HOA adheres to the new law’s requirements regarding things like system verification, voter identity, preservation of secrecy, and record auditability. For a quick self-help guide on HOA election rules, see my Fact Sheet “California HOA Election Rules and Homeowner Rights.”
- Assessments and collections (Civil Code 5600–5650). HOA boards must prepare budgets, justify assessments, and collect only what their actual expenses are. Before increasing assessments or imposing penalties, the HOA must give written notice and an opportunity to be heard. There are also strict limitations on the amount that assessments can be raised unless approved by a vote of the membership. If you’d like information on how HOAs from HELL misuse the “emergency” excuse to impose special assessments without proper homeowner approval, see my article “Emergency or Excuse? How HOAs Use “Safety” to Justify Illegal Emergency Assessments.”
- Rule enforcement and discipline (Civil Code 5850–5855). This part of the Davis-Stirling Act mandates that homeowners receive notice and an opportunity for a hearing before any fine or suspension. Fines must appear on a published schedule and be reasonable in amount (but no more than $100 per violation, in compliance with the new cap in fines found in the new law, AB 130). For a good summary of AB 130, watch an episode of my podcast, HOA HELL, entitled “AB 130 and the $100 Fine Cap: How California Just Made HOA Problems Worse.” There are also several Fact Sheets and articles about rule enforcement, discipline, and AB 130 on my website.
- Dispute resolution (Civil Code 5900–5965). The Davis-Stirling Act creates two processes for resolving disputes with your HOA: Internal Dispute Resolution (IDR) and Alternative Dispute Resolution (ADR). HOAs must participate in IDR when requested by a homeowner, and many lawsuits involving enforcement of the governing documents require ADR (which in the context of the Davis-Stirling Act, means mediation) before a party can file a lawsuit. For a quick self-help reference guide on when ADR is mandatory under the Davis-Stirling Act, you can read my Fact Sheet, “California HOA Mediation: When ADR Is Mandatory Under Civil Code 5930.” I also dedicated a few full-length and short episodes of HOA HELL to that same topic.
- Judicial remedies. Civil Code 5975 allows prevailing homeowners to recover attorney’s fees in an action involving enforcement of the governing documents, as well as in a variety of other cases (e.g., when suing to compel production of documents under Civil Code 5200, or in an election-related dispute under Civil Code 5145). Many disputes between homeowners and HOAs can also be brought in small claims court, which may, in some cases, grant equitable or declaratory relief where the statute expressly allows it. Click on my Fact Sheet, “California HOA Small Claims Court or Superior Court: Which Forum Is Right for Your Dispute?” for a self-help guide on when it might be better to sue in small claims court.
Homeowners who understand these key provisions can spot HOA violations early, demand records when boards resist disclosure, and choose the most effective path (i.e., IDR, ADR, small claims, or superior court) to enforce compliance and protect their property rights.
FAQs
What is the Davis-Stirling Act and why does it matter?
It is California’s primary HOA law, found in Civil Code 4000–6150, establishing every major rule governing HOAs, boards, and members.
What rights do homeowners have to attend HOA meetings?
Civil Code 4925 gives all HOA members the right to attend open board meetings, except for limited executive-session topics defined in Civil Code 4935.
Can I see my HOA’s financial records?
Yes. Under Civil Code 5200–5240, members may inspect or copy a large array of HOA documents, including financials, contracts, agendas, invoices, and minutes. The HOA must respond within the time frames set by law, and non-compliant HOAs can be penalized up to $500 per request, plus the homeowner’s attorney’s fees and costs.
How must HOA elections be conducted?
All votes covered by Civil Code 5100–5145 must use secret ballots, independent inspectors, and transparent counting. Electronic voting is permitted if security and audit standards are met under Civil Code 5110(c).
What can I do if my HOA violates the Davis-Stirling Act?
You can pursue IDR or ADR and, if necessary, file suit. Under Civil Code 5975 (and various other Davis-Stirling provisions), a successful homeowner can recover attorney’s fees. Document-demand and election-violation claims may be filed in small claims court, while more complex enforcement actions should go to superior court.
Does the Davis-Stirling Act protect homeowners from board misconduct?
Yes. The Davis-Stirling Act imposes fiduciary duties on directors and requires open governance. Homeowners can use record requests, IDR, and judicial remedies to correct abuses.
About MBK Chapman Fact Sheets
Homeowners searching for answers online will often come across articles that appear authoritative, but are actually written as search-engine marketing content rather than by an experienced HOA lawyer. These pieces tend to prioritize keyword density over clarity, accuracy, or legal context, which often leaves homeowners more confused than informed.
At MBK Chapman, our Fact Sheets are part of our HOA Law Library and are written by Michael Kushner, an HOA lawyer with decades of hands-on experience representing California homeowners. In fact, Michael Kushner is the HOA lawyer who pioneered the systems and strategies used by some of California’s most successful homeowner-side HOA law firms.
Each Fact Sheet is deliberately concise, statute-based, and designed as a quick-reference guide to help homeowners understand key HOA laws and enforcement rules at a glance.
AND DON’T FORGET TO TUNE INTO MY PODCAST, HOA HELL
YOU CAN ALSO ORDER MY GROUNDBREAKING BOOK
HOA HELL | California Homeowners’ Definitive Guide to Beating Bad HOAs
Amazon | Barnes & Noble
