Category Archives: THE DAVIS STIRLING ACT

The Long Awaited Davis Stirling Act Relocation in California is Here!

It’s here. The Davis Stirling Act has been relocated and expanded – by code section number, not by material impact in statutes. Some new material has been added. The link to find the new code on the state website is http://leginfo.legislature.ca.gov/faces/codes.xhtml;jsessionid=dc424bb3efb976211439b8294135. Go for it! It is supposed to be easier to read and understand. But [...]

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WHAT CONTROLS, THE LAW, THE HOA GOVERNING DOCUMENTS, OR WHAT THE BOARD SAYS IS SO?

Laws, cases, governing documents and local ordinances are often inconsistent. One of the common roles of an association attorney is to determine what controls when there is a conflict. Below is a question that relates to this dilemma. “May HOA requirements supersede State code at any time? I understand that local governments or entities may [...]

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