🏛️ The purpose of the Davis–Stirling Act in ensuring open governance in California homeowners associations (HOAs) is rooted in the principles of transparency, accountability, and owner participation . The law mandates open operations for HOA boards because these boards function like local governments—making rules, levying fees, and enforcing penalties that affect property owners' rights and finances. ⚖️ Key Purposes for Open Governance under the Davis–Stirling Act: 1. Transparency of Board Actions HOAs must hold meetings in a way that homeowners can observe, attend, and participate . Open Meeting Act (Civil Code §4900–4955): Requires that board meetings (with few exceptions) be noticed and held in public. Prevents decisions being made behind closed doors unless legally permitted (e.g., legal issues, personnel matters). 2. Homeowner Access to Information Homeowners have the right to: Receive advance notice of meetings and agendas (Civil Code §4920). Revie...

Post original on 10Oct17, revised 23March18 Re: California Davis-Stirling Law ▶ Google  ▶ Amazon  ▶ Slideshow   ▶ PDF If you live in a common interest development, aka homeowners association (HOA), as most are doing in the Temescal Valley (and some 9 million throughout California), you should have a reference to the DAVIS-STIRLING LAW (DSL). ▶ This site does not give legal advice ▶ PRIVACY STATEMENT    ▶  http://docdro.id/aEwMoct   Under DSL, a developer of a common interest development is able to create a homeowner association (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. So, first and foremost, the HOA is an invention for real estate developers and a consequence for homeowners who buy into HOAs. Even though it is not a governmental ...

Flip②▶ #SocialCurrentSee by #ALTACITIES and #CANSWERIST ▶ Circa 1985 and the origins of the California Davis-Stirling Act governing HOAs pic.twitter.com/AImrsBR9SB — Mike Foxworth (@ALTALOMAN) March 14, 2017 With more than 9 million Californians as homeowners, residents of common interest developments (aka homeowner associations or HOAs), it stands to reason that there is a specific body of law to help govern these communities. Of course, that law is the Davis-Stirling Act (DSL), extant since 1985. Did you know?  The prime-position author of that law, the notable former and recalled Gov. Gray Davis actually did not write the law, but relied upon a San Diego law professor for the content with cooperation from fellow attorney and former CA Assemblyman Lawrence Stirling. The summary story is shared in the archive above. Actually, the origin and authorship standings for the Davis-Stirling Act is not really that unusual in California.  In order to get bil...

( CORONA   in sync with   ALTACITIES ) Despite the  Davis-Stirling Law  (DSL) in California, there really is no court of appeals for HOA disputes.  There is alternative dispute resolution (or mediation ), but the courts are largely hands-off regarding HOA conflicts, even those that have a profound common interest. Of course, that reality is not of much concern when homeowners consider most of the business transacted by, within, and for most common interest developments, aka homeowner associations (or HOAs), yet because human beings are involved, you can't totally discount the occurrence of conflicts, some of which rise to the level of real legal disputes. ▶ Flip②▶  STORIFY  ♥  FLIPBOARD ★  BLOGGER  ▲ ALTACITIES  ® ▶  TWITTER Enter your email address: Delivered by FeedBurner [ View the story "HOA conflicts of interest" on Storify ]

( CORONA   in sync with   ALTACITIES ) Our common interest development, aka homeowner association (or HOA) has a monthly newsletter.  The November 2015 issue has a helpful chart about how and where our monthly dues are allocated. To be specific, $80.90 of our $273.00 base dues are allocated for administrative expense.  That expense category includes legal services, but the specific legal expenses are not detailed due to confidentiality and attorney-client privileges. Because an HOA is, in fact, a nonprofit community benefit corporation, legal services are necessary and vital, starting with the drafting of bylaws and the covenants, rules, and regulations (CC&Rs). But beyond tending to the creation and modification of these documents, legal counsel is always involved in dispute and conflict resolution within and around the association.  To learn more about the legal affairs of HOAs, read about the Davis-Stirling Law  (DSL) in California. Without...

( CORONA   in sync with   ALTACITIES ) One of the least understood matters of governance of the typical common interest development (homeowners association or HOA) in California is the topic of executive privilege, or the practice of boards of directors taking matters behind closed doors.  That is, the board is granted authority by the Davis-Stirling Law (DSL) to discuss, debate and pass measures along a narrow line of subjects without the knowledge or presence of homeowner consent.  The following graphic offers detail of how this provision of the DSL actually works. ▶ Flip②▶  STORIFY  ♥  FLIPBOARD ★  BLOGGER  ▲ ALTACITIES  ® ▶  TWITTER [ View the story "HOA Confidentiality" on Storify ]

The broad legislative power given to HOAs in California and beyond is an open debate.  Usually, serious homeowner disputes with a local HOA may only be resolved through mediation or court challenges and not by seeking "higher" governmental ruling, say from a state legislator.  In general, state lawmakers are "hands-off" when it comes to HOA governance. In one specific area, however, that ambivalence and lack of oversight may be shifting... Flip②▶ STORIFY ♥ FLIPBOARD ★ BLOGGER ▲ ALTACITIES ® 1100+ followers on FLIPBOARD [ View the story "One way CA drought trims HOA hubris" on Storify ] "If one is lucky, a solitary fantasy can totally transform one million realit... #dailyqotd #qotd http://t.co/fq1zI7UyVq — Mike Foxworth (@ALTALOMAN) June 23, 2015

In California, homeowners in common interest developments (CIDs) and homeowner associations (HOAs) live and die with the legislative intent of the Davis-Stirling Act . This law is just one of numerous state statutes throughout the USA that carry implicit delegations of legislative powers, perhaps contrary to the constitution, if you take the position of author George K. Staropoli , a notable writer on matters HOA. Says Staropoli: "With respect to violations of the Constitution, the Supreme Court decision in DOT held 1) that private parties cannot draft agreements to circumvent the Constitution by declaring that an entity, specifically a corporation, is a private organization, 2) that such a determination is made by the courts based on the corporation’s functions, powers and authority, and 3) that in order for a private entity’s delegation of legislative authority to be constitutional, there must be control, supervision and accountability to the state. I have presented my cas...

Flip②▶ STORIFY   ▶ With around only 10% of Californians carrying earthquake insurance (EQI) and much fewer than that percentage with EQI who live in homeowner associations (HOAs), the issue is both a hot topic and neglected issue for many California Homeowners. However, because the issue is particularly dicey in common interest developments (CIDs), inspection and awareness of the issue from the perspective of those who manage these locations, should be considered. That's why we chose to inspect the following: Brad Watson, CMCA, AMS, is president of Property Management Professionals LLC in Los Angeles, an accredited association management company. This column contains general information about HOA practices and does not represent the specific CC&Rs of each HOA or replace the advice of an attorney. Flip②▶ STORIFY  ♥  FLIPBOARD  ★ BLOGGER  ▲ INsync  ® ★  CANSWERIST  ☆ ©  ALTACITIES  2015 ▶ [ View the story "Shifting to EQ...