Loftin | Bedell P.C.
Legal Question? We can help.
Call 760-814-9649

Our HOA Documents do not conform to the new Davis Stirling Act. Does our documents or the Davis Stirling Act control what we do?

Generally, if there is a conflict between statutory law and a provisions in an HOA document, the statutory provisions will control - that means the provisions in your documents which conflict with the statutory provisions are void. Effective January 1, 2014 the prior Davis Stirling Act was repealed and a new Davis Stirling Act was passed by the California legislature. To often, we hear that our Bylaws or Declaration of Conditions, Covenants and Restrictions allow us to do "X", but you find out "x" violates the current law or you do not know that "X" violates the current law. The resulting risk is litigation and lack of knowledge or continuous and consistent action is not a defense to violation of a statute. We recommend that you have your existing Bylaws, Declaration of Conditions Covenants and Restrictions and other Operating Documents such as your Election Policy, Policies for Deliquent Assessment collection, Policies and Procedures for Enforcement of Governing Documents be reviewed for compliance with the new law.

No Comments

Leave a comment
Comment Information
Email Us For A Response

Contact Us

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Leading You Down the Path to Sucessful Legal Solutions
Loftin | Bedell P.C.

Loftin | Bedell P.C.
2540 Gateway Road
Carlsbad, California 92009

Toll Free: 866-933-2340
Phone: 760-814-9649
Fax: 760-431-2003
Map & Directions