Are commercial developments subject to Davis-Sterling Act

In Property Management - Asked by Jo-Anne P. - May 5, 2013
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Patrick K.
Broker/Agent
Cypress, TX

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.
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 the HOA, the developer 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.
Even though it is not a governmental entity, the HOA operates like one in some respects. As recognized by the Supreme Court of California, the declaration of CC&Rs are the constitution of the HOA and are legally binding upon residents as long as they do not conflict with state or federal law.[1] CC&Rs, once properly recorded, are presumed valid until proven otherwise.[2] The California Courts of Appeal have explained the quasi-governmental nature of the HOA:

May 7, 2013
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Anthony V.
Brisbane, CA

I think not.

Dec 29, 2016
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