California · Davis-Stirling Act

The association, and which of its documents wins.

An association runs on four documents that do not always agree. The Act settles the order between them in a single sentence each — and then names the handful of changes a board may make on its own.

Articles Civ. Code §§ 4205–4235 · §§ 4800–4820 Chapters 3, Governing Documents · 6, Association Governance Sections 10 Text verified 2026-10-11

The order of precedence

§ 4205 is four clauses long and decides most document disputes before they start:

Law beats everything. A governing document that conflicts with a statute loses to the statute.
Declaration beats articles of incorporation.
Articles and declaration beat the bylaws.
Everything beats the operating rules.

That last line matters here more than the others. Election operating rules are operating rules: they sit at the bottom. A rule that sets a nomination qualification the bylaws do not permit is not a close question — the bylaws win. And the first line means a rule cannot buy its way around § 5105 by being adopted properly.

Three changes the members do not vote on

Amending the declaration is a membership vote. These three are not, or not fully:

§ 4225 — the board shall act. Where a declaration or other governing document carries a restrictive covenant that violates Government Code § 12955 — the fair-housing prohibition — the board must amend it out without approval of the members, and record the restated declaration in each county. This is not discretionary and it does not wait for an annual meeting.

§ 4230 — developer provisions, after the developer has gone. Once construction is complete and the developer has terminated construction operations, the board may delete the provisions that gave the developer access and marketing rights over the common area. But read subdivision (d): this one still needs a majority of a quorum of the members under § 4070 — a lower bar than amending the declaration, not no bar at all. Members get 30 days' individual notice first.

§ 4235 — stale cross-references. Where the documents cite a Davis-Stirling provision that has since been repealed or renumbered, the board may correct the citation and restate the declaration. It fixes the pointer, not what it points at.

Why the renumbering on this site is not a footnote

§ 4235 exists because the Act was recodified in 2014 and every document drafted before then cites numbers that no longer exist. The same thing happens on a smaller scale with every amendment that moves a subdivision — which is why the pending change to § 5105, moving twenty-five subdivisions from (i) to (j), will leave a trail of governing documents citing the old letter.

What the association is

§ 4800 says a common interest development shall be managed by an association, incorporated or unincorporated, and § 4805 gives the unincorporated one the same powers a nonprofit mutual benefit corporation would have, unless the governing documents say otherwise. The practical consequence runs through this whole site: the duties in the Act do not depend on whether anyone filed articles with the Secretary of State. An unincorporated association still owes the election procedure, the records and the notices.

Civil Code § 4205 — the text

Which Governing Document Prevails
Amended by Stats. 2013, Ch. 183, Sec. 11. (SB 745) Effective January 1, 2014.

(a)To the extent of any conflict between the governing documents and the law, the law shall prevail.

(b)To the extent of any conflict between the articles of incorporation and the declaration, the declaration shall prevail.

(c)To the extent of any conflict between the bylaws and the articles of incorporation or declaration, the articles of incorporation or declaration shall prevail.

(d)To the extent of any conflict between the operating rules and the bylaws, articles of incorporation, or declaration, the bylaws, articles of incorporation, or declaration shall prevail.

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/4205.json — the same text with its subdivision anchors, dates and sources.

Civil Code § 4210 — the text

Statement Recorded to Facilitate Assessment Collection
Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.

In order to facilitate the collection of regular assessments, special assessments, transfer fees as authorized by Sections 4530, 4575, and 4580, and similar charges, the board is authorized to record a statement or amended statement identifying relevant information for the association. This statement may include any or all of the following information:

(a)The name of the association as shown in the declaration or the current name of the association, if different.

(b)The name and address of a managing agent or treasurer of the association or other individual or entity authorized to receive assessments and fees imposed by the association.

(c)A daytime telephone number of the authorized party identified in subdivision (b) if a telephone number is available.

(d)A list of separate interests subject to assessment by the association, showing the assessor’s parcel number or legal description, or both, of the separate interests.

(e)The recording information identifying the declaration governing the association.

(f)If an amended statement is being recorded, the recording information identifying the prior statement or statements which the amendment is superseding.

Sources differ. Text taken verbatim from the Legislative Counsel of California official code database and checked word for word against an independent publisher. The two sources disagree on one word: the official database reads “transfer fees as authorized by Sections 4530, 4575, and 4580” while california.public.law reads “Section”. The plural is what the Legislative Counsel publishes and is what three citations require; the singular appears on the second source only where a list of citations follows, which is where its own citation-linking rewrites the word.

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/4210.json — the same text with its subdivision anchors, dates and sources.

Civil Code § 4215 — the text

Governing Documents Are Liberally Construed
Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.

Any deed, declaration, or condominium plan for a common interest development shall be liberally construed to facilitate the operation of the common interest development, and its provisions shall be presumed to be independent and severable. Nothing in Article 3 (commencing with Section 715) of Chapter 2 of Title 2 of Part 1 of Division 2 shall operate to invalidate any provisions of the governing documents.

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/4215.json — the same text with its subdivision anchors, dates and sources.

Civil Code § 4220 — the text

Physical Boundaries Control When Interpreting a Condominium Plan
Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.

In interpreting deeds and condominium plans, the existing physical boundaries of a unit in a condominium project, when the boundaries of the unit are contained within a building, or of a unit reconstructed in substantial accordance with the original plans thereof, shall be conclusively presumed to be its boundaries rather than the metes and bounds expressed in the deed or condominium plan, if any exists, regardless of settling or lateral movement of the building and regardless of minor variance between boundaries shown on the plan or in the deed and those of the building.

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/4220.json — the same text with its subdivision anchors, dates and sources.

Civil Code § 4225 — the text

The Board Must Delete an Unlawful Restrictive Covenant
Amended by Stats. 2022, Ch. 48, Sec. 7. (SB 189) Effective June 30, 2022.

(a)No declaration or other governing document shall include a restrictive covenant in violation of Section 12955 of the Government Code.

(b)Notwithstanding any other provision of law or provision of the governing documents, the board, without approval of the members, shall amend any declaration or other governing document that includes a restrictive covenant prohibited by this section to delete the restrictive covenant, and shall restate the declaration or other governing document without the restrictive covenant but with no other change to the declaration or governing document.

(c)If the declaration is amended under this section, the board shall record the restated declaration in each county in which the common interest development is located. If the articles of incorporation are amended under this section, the board shall file a certificate of amendment with the Secretary of State pursuant to Section 7814 of the Corporations Code.

(d)If after providing written notice to an association, pursuant to Section 4035, requesting that the association delete a restrictive covenant that violates subdivision (a), and the association fails to delete the restrictive covenant within 30 days of receiving the notice, the Civil Rights Department, a city or county in which a common interest development is located, or any person may bring an action against the association for injunctive relief to enforce subdivision (a). The court may award attorney’s fees to the prevailing party.

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.

SB 189in force 2022-06-30

Amended by Stats. 2022, Ch. 48, Sec. 7. (SB 189) Effective June 30, 2022.

1 subdivision changed
See what changed
1. (d)… 30 days of receiving the notice, the ~~Department of Fair Employment and Housing,~~ Civil Rights Department, a city or county in which 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/4225.json — the same text with its subdivision anchors, dates and sources.

Civil Code § 4230 — the text

Deleting Developer Provisions After Construction Ends
Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.

(a)Notwithstanding any provision of the governing documents to the contrary, the board may, after the developer has completed construction of the development, has terminated construction activities, and has terminated marketing activities for the sale, lease, or other disposition of separate interests within the development, adopt an amendment deleting from any of the governing documents any provision which is unequivocally designed and intended, or which by its nature can only have been designed or intended, to facilitate the developer in completing the construction or marketing of the development. However, provisions of the governing documents relative to a particular construction or marketing phase of the development may not be deleted under the authorization of this subdivision until that construction or marketing phase has been completed.

(b)The provisions which may be deleted by action of the board shall be limited to those which provide for access by the developer over or across the common area for the purposes of (1) completion of construction of the development, and (2) the erection, construction, or maintenance of structures or other facilities designed to facilitate the completion of construction or marketing of separate interests.

(c)At least 30 days prior to taking action pursuant to subdivision (a), the board shall deliver to all members, by individual delivery, pursuant to Section 4040, (1) a copy of all amendments to the governing documents proposed to be adopted under subdivision (a), and (2) a notice of the time, date, and place the board will consider adoption of the amendments. The board may consider adoption of amendments to the governing documents pursuant to subdivision (a) only at a meeting that is open to all members, who shall be given opportunity to make comments thereon. All deliberations of the board on any action proposed under subdivision (a) shall only be conducted in an open meeting.

(d)The board may not amend the governing documents pursuant to this section without the approval of a majority of a quorum of the members, pursuant to Section 4070. For the purposes of this section, “quorum” means more than 50 percent of the members who own no more than two separate interests in the development.

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/4230.json — the same text with its subdivision anchors, dates and sources.

Civil Code § 4235 — the text

Correcting Cross-References to Repealed Provisions
Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.

(a)Notwithstanding any other provision of law or provision of the governing documents, if the governing documents include a reference to a provision of the Davis-Stirling Common Interest Development Act that was repealed and continued in a new provision by the act that added this section, the board may amend the governing documents, solely to correct the cross-reference, by adopting a board resolution that shows the correction. Member approval is not required in order to adopt a resolution pursuant to this section.

(b)A declaration that is corrected under this section may be restated in corrected form and recorded, provided that a copy of the board resolution authorizing the corrections is recorded along with the restated declaration.

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/4235.json — the same text with its subdivision anchors, dates and sources.

Civil Code § 4800 — the text

A Common Interest Development Is Managed by an Association
Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.

A common interest development shall be managed by an association that may be incorporated or unincorporated. The association may be referred to as an owners’ association or a community association.

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/4800.json — the same text with its subdivision anchors, dates and sources.

Civil Code § 4805 — the text

Powers of the Association, Incorporated or Not
Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.

(a)Unless the governing documents provide otherwise, and regardless of whether the association is incorporated or unincorporated, the association may exercise the powers granted to a nonprofit mutual benefit corporation, as enumerated in Section 7140 of the Corporations Code, except that an unincorporated association may not adopt or use a corporate seal or issue membership certificates in accordance with Section 7313 of the Corporations Code.

(b)The association, whether incorporated or unincorporated, may exercise the powers granted to an association in 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/4805.json — the same text with its subdivision anchors, dates and sources.

Civil Code § 4820 — the text

Members of a Consolidated Joint Neighborhood Association
Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.

Whenever two or more associations have consolidated any of their functions under a joint neighborhood association or similar organization, members of each participating association shall be (a) entitled to attend all meetings of the joint association other than executive sessions, (b) given reasonable opportunity for participation in those meetings, and (c) entitled to the same access to the joint association’s records as they are to the participating association’s records.

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/4820.json — the same text with its subdivision anchors, dates and sources.

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