Access Davis-Stirling Act on Web

Question: Every time I see or hear the words Davis-Stirling Act, I wonder how it got that name. Can you tell me? Where can I get a copy of it?

Answer: Then-Assemblyman Gray Davis and then-state Sen. Lawrence W. Stirling were co-authors of what became the Davis-Stirling Act, which governs common interest developments in California. Davis is now the governor and Stirling is a San Diego Superior Court judge.

If you have access to the Internet, you can download a copy of the 1985 Davis-Striling Act by logging on to www.leginfo.ca.gov, then clicking on the “California law” button. Place a check mark next to “civil code” and in the search box, type “Davis-Stirling.” Click on search and the result should be the full text of the act. Either print it or download it to your computer.

You should repeat that process every year to ensure you have the latest version.

Board could bar owner from pool

Question: I live in a complex of more than 75 condominiums in Southern California. I weigh just under 400 pounds and have decided to lose weight. As part of staying healthy, my doctor told me I should swim every day.

Even though I’ve lived here for nine years, I have never used the pool. I figured that since my dues are used for the upkeep, I could swim in it.

But after the first time I went swimming, a board member told me to “get out of the pool.” He said that my using the pool is a “hazard to everyone in the complex” and that I am a “liability to the association.”

I have no idea if any of my neighbors complained or if it’s just the board, but I am very hurt and embarrassed. Can he do anything to me, and can he stop me from using the pool that I pay for? Can I go back in the pool?

Answer: Home buyers purchase into common-interest developments believing they will share amenities and maintenance by paying a monthly fee. That includes using the pool.

Your board member neighbor needs to respect your right to use the pool but, if he chooses not to, you may ignore him and continue your daily swim.

The fact that you pay for an amenity, however, does not automatically guarantee the right to use it. As outrageous as it may sound, your board probably can prevent you from using the pool, but not because a board member claims that you are a hazard to other homeowners. The board needs to have a “reasonable” basis for barring you from using the pool, regardless of this member’s pronouncements.

In addition to being rude, the board member’s statement might also constitute a slander, subjecting him and the board to an action by you for damages.

It is probable that your governing documents provide that “any” owner, and the owner’s family and guests, may use the pool and other amenities.

Ignoring the board member could increase his efforts to keep you out of the pool. His first step might be to have the board label you a “disgruntled” or “complaining” homeowner. The board could create rules and regulations meant to exclude only you but without actually mentioning you by name. Fines might follow for disobeying those rules.

The way the Davis-Stirling Act stands today, the board cannot foreclose on your home for failure to pay the fines, but that does not mean it will not try, nor does it mean the board cannot place a lien on your unit.

Should you be threatened with a lien or fines, immediately seek the advice of an attorney.

Hopefully, your board will see the common sense inherent in minding its own business when it comes to an owner’s use of the complex’s shared amenities in the manner for which they were intended.

*

Stephen Glassman is a writer and an attorney in private practice specializing in corporate and business law. Donie Vanitzian, J.D., is a writer and arbitrator and manages commercial property. Both live in common interest developments and have served on various association boards. Please send questions to P.O. Box 451278, Los Angeles, CA 90045 or e-mail your queries to: CIDCommonS[email protected].