COMMUNITY ASSOCIATIONS

What is a Community Association?

A community association (also known as a “homeowners association”) is the organization that manages a common interest development. It is usually a corporation and manages the development through a board of directors and often with a professional community association manager.

What state statutes apply to Common Interest Communities in our state?

Though common interest communities can take on different forms, many are “common interest developments” as defined in the Davis-Stirling Common Interest Development Act. The Davis-Stirling CID Act is the main body of law applying to California CIDs. It was enacted in 1985 and is codified at Civil Code §§1350 et seq. Many associations created to manage CIDs (or other “non-CID” common interest communities) are incorporated and, as such, are subject to provisions of the California Corporations Code. These CIDs and communities can be subject to many other statutes as well such as Vehicle Code provisions; federal fair housing and discrimination laws such as the Fair Housing Act, the Fair Housing Amendments Act of 1988, and the Americans with Disabilities Act of 1990; state fair housing and discrimination laws such as the Fair Employment and Housing Act (Cal Govt. Code §§12900 et seq.) and the Unruh Civil Rights Act (Civil Code §51); fair debt collection practices laws (federal Fair Debt Collection Practices Act at 15 USC §§1692-1692p and the California Rosenthal Fair Debt Collection Practices Act at Civil Code §§1788-1788.33); and various local ordinances.