LAW OFFICES OF RYAN P. MCCLURE

California Condominium and Homeowners Association (HOA) Law

Construction Law & Construction Defect Litigation

 

 

 

Law Offices of Ryan P. McClure
3200 Guasti Road
Suite 100
Ontario, CA 91761

ph: 909.456.8830
fax: 951.271.9007

HOA Law

The Davis-Stirling Act encompasses California Civil Code sections 1350-1376. Although there are other various code sections that apply to common interest developments (CID's) the Davis-Stirling Act is discussed most often. The Davis-Stirling Act was promulgated with the hope that it would streamline the process and laws that affect CID's. Although some legal commentators would argue that it failed to cover very important issues and left much to be desired the Act has been amended several times since its inception to deal with on-going and current issues that community associations, board, and homeowners deal with on a daily basis.

Civil Code § 1351(c) defines a "common interest development" as any of the following;

  • A community apartment project
  • A condominium project
  • A Planned development
  • A stock cooperative 

Although Homeowner Association is still used in a variety of contexts and situations, many legal practitioners use the term Common Interest Development to describe community associations or Homeowner Associations.

 

Governing Documents

What are the governing documents of the community? This is a frequent question from both board members and homeowners. Civil Code § 1351(j) defines "governing documents" as;

  • Declaration
  • Bylaws
  • operating rules for the community
  • articles of incorporation or articles of association

The Law Offices of Ryan P. McClure                                 © 2007-2008 Law Offices of Ryan P. McClure, All Rights Reserved 
3200 Guasti Rd.                                                            

Suite 100                                                                                   
Ontario, CA 91761
ph: 909.456.8830

fax: 951.271.9007
Ryan.McClure.Esq@gmail.com

 

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The information on this website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

 

 

 

 

 

 

 

 

 

 

 

 

Law Offices of Ryan P. McClure
3200 Guasti Road
Suite 100
Ontario, CA 91761

ph: 909.456.8830
fax: 951.271.9007