In 2024, the California legislature passed an amendment that allowed online elections to be held within HOAs. It recognized that this could open the door to digital vote manipulation within the HOA's management, though, so the state mandated that each HOA election needed to have an independent inspector of elections.
The Davis-Stirling Act applies to all community associations, regardless of when they were developed. The intention of the Davis-Stirling Act is to provide safeguards for members within community associations and to allow for self-governance by an elected board.
The Davis-Stirling Common Interest Development Act, also known as the Davis-Stirling Act, is a body of law that governs California inium, cooperative, and planned development communities, known as common interest developments, regardless of when they were developed.
Generally, a condo owner in California is responsible for the interior of their unit. The Condo Association (or HOA), is responsible for shared areas and the structure of the building.
Here are 6 of the most common items that are typically covered: Utilities. Maintenance and repairs. HOA insurance. HOA reserve funds. Property management staffing. Professional property management.
One of the Davis Stirling Act's most important aspects is its regulation of assessments. The Act mandates that HOAs maintain accurate financial records and set aside adequate reserve funds for future repairs. It also requires a review of the association's finances and proper reserve planning.
Additionally, condo owners often don't own the land their unit is built on—they lease it from the condo association—which can lead to different restrictions regarding renovations or modifications.
In the appropriate case, a Court can compel an association to hold a meeting when it refuses; dictate quorums; cause the removal of directors; and award attorney fees and costs for violations.
Negligence occurs when an HOA fails to meet its standard of care in managing and maintaining the community, potentially leading to property damage, decreased home values, and safety risks.
The new HOA law in California, passed in September 2024, includes amendments to the Davis-Stirling Act of 1985. These amendments make it possible for HOAs to conduct elections online rather than through costly and time-consuming paper balloting.