California · Davis-Stirling Act
The money, and who is allowed to move it.
Six documents the board reviews every month, two signatures on any withdrawal from reserves, and a closed list of what reserve money may pay for. Borrowing against it is permitted — and comes with a clock.
Monthly, not annually
§ 5500 lists six things the board shall review on a monthly basis: reconciliations of the operating and reserve accounts, actual revenue and expenses against budget, the latest statements from the financial institutions, an income and expense statement, and the check register, general ledger and delinquent assessment receivable reports.
That last item is where a collection problem becomes visible before it becomes a lien. And the cadence is monthly even where the board meets quarterly — which is the gap § 5501 was added to close in 2018. The review may happen outside a board meeting, by every individual director or by a subcommittee of the treasurer and at least one other director, so long as it is ratified at the next board meeting and the ratification appears in the minutes. Doing the work is not enough; the minutes have to show it.
Two signatures, and a closed purpose
§ 5510(a): withdrawing money from a reserve account takes two signatures — two directors, or one officer who is not a director together with one who is. A single treasurer cannot move reserve money alone, whatever the bank's signature card says.
Subdivision (b) is narrower than it first reads. Reserve funds may be spent on the repair, restoration, replacement or maintenance of the major components the reserve was established for — or on litigation involving that repair, restoration, replacement or maintenance. The litigation limb is tied to the same components. It is not a general legal budget.
Two thresholds that look identical and bind different people
§ 5502 requires prior written board approval to move more than the lesser of $5,000 or 5 percent of estimated operating income out of reserve or operating accounts — $10,000 or 5 percent for associations with 51 or more separate interests. The same figures appear at § 5380(b)(6), which binds the managing agent. § 5502(b) says it applies in addition to any other requirement of this part: one rule for the association, one for the agent, and satisfying either does not satisfy the other.
Borrowing from reserves comes with a clock
§ 5515 permits a temporary transfer from reserves to the general operating fund for short-term cashflow — but the intent to consider it must appear in the board meeting notice under § 4920, and the notice must say why the transfer is needed, what the repayment options are, and whether a special assessment may be considered.
If the board goes ahead, it issues a written finding recorded in the minutes. The money returns to the reserve fund within one year — § 5515(d) allows a delay only after the same notice and a finding supported by documentation. And subdivision (e) closes the loop: the board shall levy a special assessment if that is what restoring the full amount takes.
When reserves pay for a lawsuit
§ 5520 requires general notice under § 4045 of the decision itself and of the availability of an accounting — and then an accounting of litigation expenses at least quarterly, available for inspection at the association's office. The disclosure is not a one-off at the start; it repeats for as long as the case runs.
Civil Code § 5500 — the text
What this section used to say
Read by comparing the Legislative Counsel's biennial publications of the code, one per session. The earliest is the 2013–2014 publication, which already carries the Act in its present numbering, so changes are recorded from the publication after it onward. This matters beyond the record: § 5145 gives a member one year to challenge an election, and the text that governs is the text in force on the day it was held, not today's.
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AB 2912in force 2019-01-01
Amended by Stats. 2018, Ch. 396, Sec. 3. (AB 2912) Effective January 1, 2019.
6 subdivisions changed
See what changed
- (a)
ReviewReview, on a monthly basis, a current reconciliation of the association’s operatingaccounts on at least a quarterly basis.accounts. - (b)
ReviewReview, on a monthly basis, a current reconciliation of the association’s reserveaccounts on at least a quarterly basis.accounts. - (c)Review, on
at leastaquarterlymonthly basis, the current year’s actualreserveoperating revenues and expenses compared to the current year’s budget. - (d)
ReviewReview, on a monthly basis, the latest account statements prepared by the … - (e)
ReviewReview, on a monthly basis, an income and expense statement for the association’s operating and reserveaccounts on at least a quarterly basis.accounts. - (f)Review, on a monthly basis, the check register, monthly general ledger, and delinquent assessment receivable reports.
- (a)
Reproduced verbatim from the California Legislative Counsel's published text and verified word-for-word against a second source (leginfo (Legislative Counsel official bulk code database, LAW_SECTION_TBL) · California Public Law (Public.Law)). California statutes are government edicts and carry no copyright. This is an unofficial reproduction — the official version is published by the Legislative Counsel at leginfo.legislature.ca.gov, and that version governs.
Machine-readable: /data/5500.json — the same text with its subdivision anchors, dates and sources.
Civil Code § 5501 — the text
What this section used to say
Read by comparing the Legislative Counsel's biennial publications of the code, one per session. The earliest is the 2013–2014 publication, which already carries the Act in its present numbering, so changes are recorded from the publication after it onward. This matters beyond the record: § 5145 gives a member one year to challenge an election, and the text that governs is the text in force on the day it was held, not today's.
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AB 2912in force 2019-01-01
Added by Stats. 2018, Ch. 396, Sec. 4. (AB 2912) Effective January 1, 2019.
Added to the code by this act.
Reproduced verbatim from the California Legislative Counsel's published text and verified word-for-word against a second source (leginfo (Legislative Counsel official bulk code database, LAW_SECTION_TBL) · California Public Law (Public.Law)). California statutes are government edicts and carry no copyright. This is an unofficial reproduction — the official version is published by the Legislative Counsel at leginfo.legislature.ca.gov, and that version governs.
Machine-readable: /data/5501.json — the same text with its subdivision anchors, dates and sources.
Civil Code § 5502 — the text
What this section used to say
Read by comparing the Legislative Counsel's biennial publications of the code, one per session. The earliest is the 2013–2014 publication, which already carries the Act in its present numbering, so changes are recorded from the publication after it onward. This matters beyond the record: § 5145 gives a member one year to challenge an election, and the text that governs is the text in force on the day it was held, not today's.
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AB 1101in force 2022-01-01
Amended by Stats. 2021, Ch. 270, Sec. 2. (AB 1101) Effective January 1, 2022.
5 subdivisions changed
See what changed
Notwithstanding any other law, transfers of greater than ten thousand dollars ($10,000) or 5 percent of an association’s total combined reserve and operating account deposits, whichever is lower, shall not be authorized from the association’s reserve or operating accounts without prior written board approval. This section applies in addition to any other applicable requirements of this part.- (a)Notwithstanding any other law, transfers shall not be authorized from the association’s reserve or operating accounts without prior written approval from the board of the association unless the amount of the transfer is less than the following:
- (a)(1)The lesser of five thousand dollars ($5,000) or 5 percent of the estimated income in the annual operating budget, for associations with 50 or less separate interests.
- (a)(2)The lesser of ten thousand dollars ($10,000) or 5 percent of the estimated income in the annual operating budget, for associations with 51 or more separate interests.
- (b)This section applies in addition to any other applicable requirements of this part.
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AB 991in force 2020-01-01
Amended by Stats. 2019, Ch. 497, Sec. 31. (AB 991) Effective January 1, 2020.
Added to the code by this act.
Reproduced verbatim from the California Legislative Counsel's published text and verified word-for-word against a second source (leginfo (Legislative Counsel official bulk code database, LAW_SECTION_TBL) · California Public Law (Public.Law)). California statutes are government edicts and carry no copyright. This is an unofficial reproduction — the official version is published by the Legislative Counsel at leginfo.legislature.ca.gov, and that version governs.
Machine-readable: /data/5502.json — the same text with its subdivision anchors, dates and sources.
Civil Code § 5510 — the text
Reproduced verbatim from the California Legislative Counsel's published text and verified word-for-word against a second source (leginfo (Legislative Counsel official bulk code database, LAW_SECTION_TBL) · California Public Law (Public.Law)). California statutes are government edicts and carry no copyright. This is an unofficial reproduction — the official version is published by the Legislative Counsel at leginfo.legislature.ca.gov, and that version governs.
Machine-readable: /data/5510.json — the same text with its subdivision anchors, dates and sources.
Civil Code § 5515 — the text
Reproduced verbatim from the California Legislative Counsel's published text and verified word-for-word against a second source (leginfo (Legislative Counsel official bulk code database, LAW_SECTION_TBL) · California Public Law (Public.Law)). California statutes are government edicts and carry no copyright. This is an unofficial reproduction — the official version is published by the Legislative Counsel at leginfo.legislature.ca.gov, and that version governs.
Machine-readable: /data/5515.json — the same text with its subdivision anchors, dates and sources.
Civil Code § 5520 — the text
Reproduced verbatim from the California Legislative Counsel's published text and verified word-for-word against a second source (leginfo (Legislative Counsel official bulk code database, LAW_SECTION_TBL) · California Public Law (Public.Law)). California statutes are government edicts and carry no copyright. This is an unofficial reproduction — the official version is published by the Legislative Counsel at leginfo.legislature.ca.gov, and that version governs.
Machine-readable: /data/5520.json — the same text with its subdivision anchors, dates and sources.