Davis–Stirling Common Interest Development Act

But what is it an exception to? It, it's the emergency exception, what is it the exception to?

It's the exception to, um, when, when it exceeds a thir- certain threshold established by statute, by the Davis-Stirling Act, that you are to go to the membership for a vote.

Right.

A, a, a, a ballot essentially, uh, authorizing a special assessment that exceeds that statutory threshold.

Uh, so again, it's a pleasure to have Michael Kushner back with us.

Um, he's the founding and managing partner of MBK Chapman PC and a pioneer in homeowner side HOA law in California, and back in July, he gave a talk for us on the Davis-Stirling Act, uh, which was very informative.

Um, and Mr. Kushner, uh, protects homeowners from abusive and mismanaged associations, representing homeowners in disputes involving what, uh, they consider abusive boards of directors, selective enforcement, illegal fines, architectural committee denials, uh, records violations, and other forms of misconduct, um, by HOAs or their management companies.

He's developed his own proprietary legal systems that relate to enforcing the Davis-Stirling Act on behalf of homeowners, and he's the author of HOA Hell: California Homeowner's Definitive Guide to Beating Bad OH- HOAs, which you can find on Amazon.

Uh, Michael's a UC Berkeley grad and a UCLA School of Law grad.

And Michael, thank you for joining us again.

Um, I'm, I'm assuming everybody will be able to see that.

So today, uh, last time I did, uh, the presentation, it was very broad presentation.

Is that even legal?" Unfortunately, yes, and that's the problem.

The Davis-Stirling Act doesn't regulate these auto license plate reader cameras at all.

Your HOA board can install them, record every resident, guest, and invitee who comes and goes, and never put it to a member vote.

Now, California does have laws controlling the use of ALPR, or flock technology, and that's found at Civil Code 1798.90.5.

Mm-hmm.

Mkay? Um, so today we're gonna walk through what's already changed, what's coming, a, uh, January 4th, 2027, and what your HOA is able to do about it, uh, under the Davis-Stirling Act, and the questions you should ask before you buy, um, or make an offer on a condo in California.

And, um, if you live in a single-family home, this episode might be interesting anyway, but it's not gonna be directly related to your life.

Mm-hmm.