Legal Question in Real Estate Law in California

I am in Orange County, CA. Is there a possibility that an HOA is not bound by the Davis Sterling Act? My HOA drafted the CC&Rs;in '86 and have not ammended them, and so according to them Davis Sterling doesn't apply. I thought Davis Sterling applies almost by default due to it mandating an update to all CC&Rs;to accomodate new election rules if I am not mistaken. My HOA bans all pets (and children! It states that the complex is limited to "a group of self governing adults") I am at the point of contacting a lawyer, do I have a vaild claim? Thank you.


Asked on 11/11/10, 8:41 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

The Davis-Stirling Common Interest Development Act applies to all common interest developments, even those that were created before the Act was adopted. Bear Creek Master Ass'n v. Edwards (App. 4 Dist. 2005) 130 Cal.App.4th 1470, rehearing denied, review denied; Villa De Las Palmas Homeowners Ass'n v. Terifaj (2004) 33 Cal.4th 73.

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Answered on 11/17/10, 3:35 pm


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