If you’re a resident of an HOA in California, you’re likely familiar with the Davis-Stirling Act. This is a set of laws that governs HOAs in the state, and covers everything from how they’re run to the rules residents must follow.
When Was Davis-Stirling Started?
The Davis-Stirling Act was first enacted in 1985, and has since been amended several times. It’s named after its authors, Assemblyman Bill Davis and Senator Jim Stirling.
One of the most important aspects of the Davis-Stirling Act is that it sets out the responsibilities of both HOAs and homeowners. For example, it stipulates that HOAs must maintain common areas and enforce community rules, while homeowners are responsible for paying assessments and following the rules.
The act also includes provisions on such topics as voting rights, meetings, elections, records, and more.
HOA Voting in California
One of the most commonly-amended provisions in the Davis-Stirling Act is that concerning HOA voting. The act originally required that all homeowners be given an equal vote, regardless of the size of their home or how much they paid in assessments.
However, many HOAs have since amended their bylaws to allow for weighted voting, which gives homeowners with larger homes or who pay more in assessments more votes than those with smaller homes or who pay less.
This change was made in response to concerns that some homeowners were effectively controlling the HOAs despite not being the majority.
Weighted voting is now allowed under the Davis-Stirling Act, but only if it’s expressly stated in the HOA’s bylaws.
Not all HOAs in California have weighted voting, but if yours does, it’s important to understand how it works and what implications it may have.
Finding An Inspector of Elections
Under the Davis-Stirling Act, HOAs are required to have the voting process administered by a 3rd party election inspector. This is an important safeguard to ensure that the process is fair and unbiased.
If your HOA is holding an election, you can find out who the election inspector is by contacting the HOA or checking the meeting minutes from recent meetings.
If you are in charge of an upcoming HOA election, it’s your responsibility to find and hire an HOA election service.
Voting Notice
The Davis-Stirling Act also requires that HOAs give all homeowners at least 14 days’ notice before any meeting where voting will take place. This notice must be sent by either first-class mail or email, and must include the date, time, and location of the meeting, as well as a list of any agenda items.
If you’re a homeowner in an HOA, it’s important to keep an eye out for voting notices so that you can make your voice heard on important issues.
HOA Records
Another important provision of the Davis-Stirling Act is that concerning HOA records. The act requires HOAs to maintain certain records and make them available to homeowners upon request. These records include:
- The HOA’s bylaws and articles of incorporation
- The minutes from all meetings of the board of directors and members
- A list of the names, addresses, and phone numbers of all current members of the HOA
- The most recent budget
If you’re a homeowner in an HOA, you have the right to request these records from the HOA. The HOA must provide them to you within 10 days of your request.
HOA Dues
Under the Davis-Stirling Act, HOAs are allowed to collect assessments from homeowners to cover the costs of maintaining common areas and amenities, as well as for other HOA-related expenses.
Assessments are usually collected on a monthly or annual basis, and are typically paid by all homeowners in the community regardless of whether they use the amenities or not.
HOAs are required to give all homeowners at least 30 days’ notice before changing the amount of assessments. They must also give 60 days’ notice if they plan to impose a special assessment.
If you’re a homeowner in an HOA, it’s important to stay up-to-date on the dues and assessments that you’re responsible for paying.
HOA Meetings
The Davis-Stirling Act requires HOAs to hold at least one meeting of the members each year. This meeting must be held within four months of the end of the HOA’s fiscal year.
At this meeting, the HOA must provide a report on the previous year’s financials, as well as any plans for the upcoming year. The membership also has the opportunity to vote on any proposed changes to the HOA’s bylaws or budget.
If you’re a member of an HOA, it’s important to attend these annual meetings so that you can stay up-to-date on what’s going on with the HOA and have a say in its decision-making process.
Proxy Voting
Under the Davis-Stirling Act, HOAs are allowed to use proxy voting in certain situations. Proxy voting is when a homeowner appoints another person to vote on their behalf.
Proxy voting is typically used when a homeowner can’t attend a meeting but still wants to have their vote counted. It can also be used if a homeowner wants to allow someone else to cast their vote for them.
If your HOA allows proxy voting, it’s important to understand how it works and what implications it may have.
Fines & Penalties
The Davis-Stirling Act provides for some fines and penalties that can be imposed on HOAs and homeowners who violate its provisions.
For example, an HOA that fails to comply with the notice requirements for meetings can be fined up to $500. And a homeowner who willfully violates the HOA’s governing documents can be fined up to $1,000.
Final Thoughts About the Davis-Stirling Act
The Davis-Stirling Act is a complex piece of legislation, but it provides important protections for homeowners and HOAs alike. If you’re a member of an HOA or a homeowner in an HOA community, it’s important to familiarize yourself with the act and how it affects you.
