Common Interest Development (HOA) Matters

Posted on: February 27, 2014

Homeowner’s Associations, Condominiums and Common Interest Developments are subject to the provisions of the Davis–Stirling Common Interest Development Act (Civil Code § 1350 et seq.; “Act”), enacted in 1985. Under the Act, common interest developments are required to be managed by a homeowners association (HOA – a nonprofit corporation or unincorporated association), which homeowners are generally required to join upon purchase of the condominium or common interest unit. The homeowners and HOA rights and duties are defined by the express terms of the HOA By-laws, Covenants Conditions and Restrictions (CC&Rs) and HOA Rules (collectively referred to as ‘Governing Documents’). The Governing Documents and the HOA processes and individual owner’s rights are further controlled and governed by the Act.

Common disputes between the HOA and the homeowner include maintenance, modifications, structural defects, delinquent dues, neighbor disputes and common area use. Occasionally, the HOA may need to amend the CC&Rs to allow for changed circumstances.

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