Effective January 1, 2014, the new and improved Davis-Stirling Common Interest Development Act will replace the current one, which was first enacted in 1985 and has been evolving ever since then. The new legislation, Assembly Bill No. 805, primarily re‑organizes Davis-Stirling to be more intuitive and user friendly. Instead of being found at Civil Code sections 1350 through 1378, the new Davis-Stirling statutes will be Civil Code sections 4000 through 6150, and the old ones will be repealed. Associations need not be concerned about the change in section numbers because section 4235 of the new Davis-Stirling expressly permits the old section numbers stated in governing documents to be changed to the new ones simply by Board resolution, without approval of the members.
In addition to the re-organization, the new Davis-Stirling contains a few substantive changes. However, under new section 4010, an action taken or a document prepared (other than a governing document) before January 1, 2014 will remain valid if the document or action was proper under the old Davis-Stirling.
The next few newsletters will explore some of the substantive changes. For this installment in the series, we look at the following (with the new section numbers in parentheses):
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