Which California Laws Govern Your HOA or Condo?

California governs HOAs, condominiums, and other shared-ownership communities primarily through one long statute, the Davis-Stirling Common Interest Development Act. The first step is confirming that your community falls under it; the second is knowing how the Act ranks your community's own documents and rules. For your specific situation, a licensed California attorney is the right resource. This is general information, not legal advice.

The main statute: the Davis-Stirling Act (Civ. Code § 4000)

The Act fills Part 5 of Division 4 of the California Civil Code, §§ 4000–6150. Its name comes from § 4000: "This part shall be known and may be cited as the Davis-Stirling Common Interest Development Act."

The Act covers what it calls a common interest development. Under Civ. Code § 4100, that term means any of four things:

• A community apartment project — an undivided interest in land "coupled with the right of exclusive occupancy of any apartment located thereon" (§ 4105)
• A condominium project — a development of condominiums, each an undivided interest in common property plus "a separate interest in space called a unit" (§ 4125)
• A planned development — the typical lot-based HOA, with common area owned by an association or by the owners in common, or maintained by an association that can levy assessments that may become a lien (§ 4175)
• A stock cooperative — a corporation holds title, and shareholders receive "a right of exclusive occupancy in a portion of the real property" (§ 4190)

So unlike states with separate HOA and condominium statutes, California puts both under the same Act.

When the Act applies — and when it doesn't

Under Civ. Code § 4200, the Act applies "whenever a separate interest coupled with an interest in the common area or membership in the association is, or has been, conveyed," provided a declaration is recorded, along with a condominium plan if one exists and a final or parcel map where state subdivision law (Gov. Code § 66410 et seq.) requires one.

Two limits sit right next to that rule:

• No common area, no Act. "Nothing in this act may be construed to apply to a real property development that does not contain common area" (§ 4201).
• Commercial and industrial developments are excluded. The Act "does not apply to a commercial or industrial common interest development, as defined in Section 6531" (§ 4202).

Which document wins: the § 4205 hierarchy

Every California community also has its own governing documents — "the declaration and any other documents, such as bylaws, operating rules, articles of incorporation, or articles of association, which govern the operation of the common interest development or association" (§ 4150). When those documents conflict with each other or with the law, Civ. Code § 4205 sets the order. It starts with: "To the extent of any conflict between the governing documents and the law, the law shall prevail." From there, the ranking runs:

1. The law — the Davis-Stirling Act and other applicable statutes
2. The declaration (the recorded CC&Rs), which prevails over the articles of incorporation (§ 4205(b))
3. The articles of incorporation, which together with the declaration prevail over the bylaws (§ 4205(c))
4. The bylaws
5. The operating rules, which yield to "the bylaws, articles of incorporation, or declaration" in any conflict (§ 4205(d))

Board rules: what makes an operating rule valid (§§ 4340–4370)

Much of what owners think of as "HOA rules" are operating rules — under § 4340(a), "a regulation adopted by the board that applies generally to the management and operation of the common interest development or the conduct of the business and affairs of the association." Civ. Code § 4350 says an operating rule "is valid and enforceable only if all of the following requirements are satisfied":

• "The rule is in writing."
• It is within the board's authority under the law or the declaration, articles, or bylaws.
• It does not conflict with governing law or those documents.
• It is adopted, amended, or repealed "in good faith and in substantial compliance with the requirements of this article."
• "The rule is reasonable."

For rules on certain subjects — including use of the common area, architectural standards, member discipline and fine schedules, payment-plan standards, dispute procedures, and election procedures (§ 4355(a)) — the Act adds a process. The board must give general notice of a proposed rule change "at least 28 days before making the rule change," including its text and a description of its purpose and effect (§ 4360(a)), and decide it at a board meeting "after consideration of any comments made by association members" (§ 4360(b)). An emergency rule change skips the advance notice but lasts no more than 120 days (§ 4360(d)).

For rule changes on those same subjects (other than emergency rule changes, § 4365(h)), owners also have a check. Under § 4365(a), "Members of an association owning 5 percent or more of the separate interests may call a special vote of the members to reverse a rule change." The written request must be delivered within 30 days after the association gives general notice of the change (§ 4365(b)).

A map of what else the Act covers

The Act is organized by subject. Its main parts, with the section ranges shown in the official code:

• Protected uses (§§ 4700–4753) — limits on what governing documents can prohibit, such as display of the U.S. flag (§ 4705), noncommercial signs and flags (§ 4710), keeping at least one pet (§ 4715), and renting out a separate interest (§ 4741)
• Board meetings (§§ 4900–4955) — the Common Interest Development Open Meeting Act (§ 4900). The board "shall not take action on any item of business outside of a board meeting" (§ 4910(a)), and members may attend and speak, except at board executive sessions, with speaking subject to a reasonable time limit set by the board (§ 4925)
• Member elections (§§ 5100–5145) — secret-ballot elections on assessments legally requiring a vote, election and removal of directors, amendments to the governing documents, and grants of exclusive use of common area (§ 5100(a)(1))
• Records (§§ 5200–5240) — what counts as an association record and how members inspect and copy them
• Finances and reserves (§§ 5500–5580) — accounting, use of reserve funds, and reserve planning
• Assessments and collection (§§ 5600–5740) — an association "shall not impose or collect an assessment or fee that exceeds the amount necessary to defray the costs for which it is levied" (§ 5600(b)); limits on increases without a member vote (§ 5605); delinquency 15 days after the due date unless the declaration allows longer, with a late charge capped at 10 percent or $10, whichever is greater, and interest of up to 12 percent a year starting 30 days after the due date, unless the declaration sets lower amounts (§ 5650(b)); and the lien and collection process (§§ 5700–5740)
• Discipline (§§ 5850–5875) — if an association imposes monetary penalties, a schedule of them distributed to members in the annual policy statement (§ 5850(a)); a cap on fines at the lesser of the scheduled amount or "One hundred dollars ($100) per violation" (§ 5850(c), as amended by Stats. 2025, ch. 22, effective June 30, 2025), with an exception for violations that may cause an adverse health or safety impact (§ 5850(d)); and at least 10 days' written notice before the board meets to impose discipline (§ 5855(a))
• Internal dispute resolution (§§ 5900–5920) — for disputes between an association and a member under the Act, the Nonprofit Mutual Benefit Corporation Law, or the governing documents (§ 5900(a))
• Alternative dispute resolution before certain lawsuits (§§ 5925–5965) — see below
• Civil actions (§§ 5975–5986) — in an action to enforce the governing documents, "the prevailing party shall be awarded reasonable attorney's fees and costs" (§ 5975(c))
• Construction defect litigation (§§ 6100–6150)

How disputes are handled under the Act

The Act's enforcement structure runs through the association and the courts. Its internal dispute resolution article supplies a process for disputes between an association and a member (§ 5900), and it supplements, rather than replaces, the alternative dispute resolution article that follows (§ 5900(b)). For many lawsuits, the Act then requires an attempt at mediation, arbitration, or another neutral process first: "An association or a member may not file an enforcement action in the superior court unless the parties have endeavored to submit their dispute to alternative dispute resolution pursuant to this article" (§ 5930(a)). That requirement covers actions seeking only declaratory, injunctive, or writ relief, or such relief combined with damages within the small claims limits (§ 5930(b)); it does not apply to small claims actions (§ 5930(c)) and, except as otherwise provided by law, does not apply to assessment disputes (§ 5930(d)).

The state's direct role written into the Act is narrow. Each association must file an information statement with the Secretary of State identifying itself as formed to manage a common interest development under the Act (§ 5405(a)), and the Act calls for an online education course for board members, "To the extent existing funds are available" (§ 5400). HOARebel's overview of who regulates HOAs covers oversight more broadly.

The association and the Nonprofit Mutual Benefit Corporation Law

Under Civ. Code § 4800, a common interest development "shall be managed by an association that may be incorporated or unincorporated," and § 4080 defines an association as "a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development." An incorporated association's articles must identify it as "an association formed to manage a common interest development under the Davis-Stirling Common Interest Development Act" (§ 4280(a)(1)).

The Act itself points to a second body of state law: the Nonprofit Mutual Benefit Corporation Law, Part 3 of Division 2 of Title 1 of the Corporations Code, beginning at Corp. Code § 7110. That law supplies corporate rules for directors, members, and meetings. Where the two overlap on elections, the Act controls: "In the event of a conflict between this article and the provisions of the Nonprofit Mutual Benefit Corporation Law ... relating to elections, the provisions of this article shall prevail" (Civ. Code § 5100(e)). The Act's dispute resolution articles also reach disputes and enforcement actions under that corporate law (§§ 5900(a), 5925(b)(2)).

How the layers fit

1. The Davis-Stirling Act (Civ. Code § 4000 et seq.) — the main state law for HOAs, condominiums, stock cooperatives, and community apartment projects with common area.
2. The Nonprofit Mutual Benefit Corporation Law (Corp. Code § 7110 et seq.) — corporate rules that work alongside the Act.
3. The governing documents — declaration, articles, bylaws, and operating rules, ranked by § 4205 and always subordinate to the law.
4. Federal law — including the Fair Housing Act (42 U.S.C. § 3601 et seq.); depending on the situation, other federal laws can also apply, such as the Servicemembers Civil Relief Act, the FCC's over-the-air reception devices (OTARD) rule (47 C.F.R. § 1.4000), the Freedom to Display the American Flag Act of 2005, and the ADA.

From fines and hearings to records requests, dues increases, assessment liens, lien priority, removing a lien, and HOA foreclosure in California, the Davis-Stirling Act is the starting point for most California homeowner questions. The California HOA law hub collects them in one place.

Frequently asked questions

What is the Davis-Stirling Act?

It is the main California statute governing common interest developments — HOAs, condominiums, stock cooperatives, and community apartment projects. It occupies Civil Code §§ 4000–6150, and § 4000 gives its official name: "the Davis-Stirling Common Interest Development Act." It works alongside the association's governing documents, the Nonprofit Mutual Benefit Corporation Law, and federal law.

Does the Davis-Stirling Act apply to condos as well as HOAs?

Yes. Civil Code § 4100 defines a common interest development to include a condominium project and a planned development, along with community apartment projects and stock cooperatives. The Act does not apply to a development without common area (§ 4201) or to a commercial or industrial common interest development (§ 4202).

Do the CC&Rs override California law?

No. Civil Code § 4205(a) provides that "To the extent of any conflict between the governing documents and the law, the law shall prevail." Below the law, the declaration (CC&Rs) prevails over the articles of incorporation, bylaws, and operating rules.

Can a California HOA board adopt any rule it wants?

Not under the Act. An operating rule is valid and enforceable only if it is in writing, within the board's authority, consistent with the law and governing documents, adopted in good faith and in substantial compliance with the Act's procedures, and reasonable (Civ. Code § 4350). For rules on subjects such as common-area use, architectural standards, discipline, and elections, the board generally must give 28 days' advance notice of a change (§§ 4355(a), 4360(a)), and owners of 5 percent or more of the separate interests may call a vote to reverse such a change (§ 4365(a)).

Does a dispute with a California HOA have to go to mediation before court?

For many lawsuits, the Act requires the parties to have "endeavored to submit their dispute to alternative dispute resolution" before filing in superior court (Civ. Code § 5930(a)). The requirement applies to actions for declaratory, injunctive, or writ relief, alone or with damages within small claims limits, and it does not apply to small claims actions or, generally, to assessment disputes (§ 5930(b)–(d)). Whether it applies to a particular dispute depends on the facts.

Sources

• Cal. Civ. Code § 4000 — Davis-Stirling Common Interest Development Act (short title)
• Cal. Civ. Code § 4080 — "Association" defined
• Cal. Civ. Code § 4100 — "Common interest development" defined
• Cal. Civ. Code § 4105 — Community apartment project
• Cal. Civ. Code § 4125 — Condominium project
• Cal. Civ. Code § 4150 — "Governing documents" defined
• Cal. Civ. Code § 4175 — Planned development
• Cal. Civ. Code § 4190 — Stock cooperative
• Cal. Civ. Code § 4200 — Application of the Act
• Cal. Civ. Code § 4201 — Developments without common area
• Cal. Civ. Code § 4202 — Commercial and industrial developments excluded
• Cal. Civ. Code § 4205 — Conflicts between the law and governing documents
• Cal. Civ. Code § 4280 — Articles of incorporation statement
• Cal. Civ. Code § 4340 — Operating rule defined
• Cal. Civ. Code § 4350 — Requirements for a valid operating rule
• Cal. Civ. Code § 4355 — Rule subjects requiring notice
• Cal. Civ. Code § 4360 — Notice of rule changes; emergency rules
• Cal. Civ. Code § 4365 — Member vote to reverse a rule change
• Cal. Civ. Code § 4705 — Display of the U.S. flag
• Cal. Civ. Code § 4710 — Noncommercial signs, flags, and banners
• Cal. Civ. Code § 4715 — Pets
• Cal. Civ. Code § 4741 — Rental restrictions
• Cal. Civ. Code § 4800 — Management by an association
• Cal. Civ. Code § 4900 — Common Interest Development Open Meeting Act
• Cal. Civ. Code § 4910 — No board action outside a meeting
• Cal. Civ. Code § 4925 — Member attendance and right to speak
• Cal. Civ. Code § 5100 — Member elections; secret ballot
• Cal. Civ. Code § 5200 — Association records defined
• Cal. Civ. Code § 5400 — Online education course for directors
• Cal. Civ. Code § 5405 — Secretary of State information statement
• Cal. Civ. Code § 5600 — Levy of assessments
• Cal. Civ. Code § 5605 — Limits on assessment increases
• Cal. Civ. Code § 5650 — Delinquency, late charges, and interest
• Cal. Civ. Code § 5850 — Schedule of monetary penalties; $100 cap
• Cal. Civ. Code § 5855 — Notice and hearing before discipline
• Cal. Civ. Code § 5900 — Internal dispute resolution; scope
• Cal. Civ. Code § 5925 — Alternative dispute resolution definitions
• Cal. Civ. Code § 5930 — ADR before an enforcement action
• Cal. Civ. Code § 5975 — Enforcement of governing documents; attorney's fees
• Cal. Corp. Code § 7110 — Nonprofit Mutual Benefit Corporation Law
• 42 U.S.C. § 3601 — Fair Housing Act, declaration of policy
• 47 C.F.R. § 1.4000 — OTARD rule
• Pub. L. 109-243 — Freedom to Display the American Flag Act of 2005