Simply put, the Davis–Stirling Common Interest Development Act is the long name of the portion of the California Civil Code beginning with section 4000, which governs condominium, townhouse, cooperative, and single-family planned unit development communities in California.
Under Davis–Stirling, 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. These equitable servitudes set the responsibilities of the owner and the HOA.
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 is the constitution of the HOA and is legally binding upon residents to the extent that it does not conflict with state or federal law. CC&Rs, once properly recorded, are presumed valid until proven otherwise.
In short, homeowners associations, via their enforcement of the CC&Rs, provide many beneficial and desirable services that permit a common interest development to flourish. The HOA’s board may enact rules which are legally binding upon residents as long as they do not conflict with the CC&Rs or state or federal law.
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