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As you can see below, much of the Davis Stirling Act needs to be explained for an untrained person to understand it. The comments are added in all areas where the author has seen a need for help for the general public and misunderstandings of the laws and their application in practices. The book is nearly 100 pages long. The Davis Stirling Act itself covers about _ of that and the other _ is purely helpful information in understanding the meaning and intent of the statutes that govern homeowner associations in California.
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Comment: Many people confuse condos, townhomes, and planned developments. Townhouses are usually PDs. The condo plan is usually very specific as to what is included in the "common area" and the "units"), including the description of physical boundaries, airspace, and other improvements or parts of the real property that relate to each particular condominium. Occasionally, one will see a condo set of CC&Rs used for a project that is mapped as a PD. If problems arise because the documents don't seem to fit the project, an attorney should be consulted.
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Common area (owned by the association OR owners as tenants-in-common);
Powers of enforcement (by the association) to collect assessments from owners which may become a lien (see 1367 below) upon the owner's separate interest if not paid.
Comment: PDs are distinguishable from condos because the separate interests consist of Lots and not Units of airspace (although there may be hybrid exceptions). See "separate interests" for further explanation.
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An association may prohibit noncommercial signs and posters that are more than 9 square feet in size and noncommercial flags or banners that are more than 15 square feet in size.
Comment: It was not surprising when this new law was approved by the Legislators effective in 2005 what better way to insure the unfettered display of political signs. Concerns have arisen in some associations over the display of offensive signs that lead to fighting among neighbors (and discrimination claims). Disputes arise in this area as to whether allowing signs on outside walls is allowed in a condominium development when an Owner does not own or have exclusive use of the outside of the building. Concerns about damage to buildings arise with attachment of signs or banners. This section does not govern display of real estate signs or any commercial signs. Signs for selling or leasing property are generally allowed (at least one sign of reasonable dimensions) on a Lot, in a window or in the exclusive use areas in a condo or townhouse, but legal counsel should be consulted if there is a disagreement about where a sign may be placed or how it may be displayed. For more on real estate signs, see Civil Code Sections 712 and 713 which are not part of the Davis Stirling Act.
copyright 2006, Beth Grimm; all rights reserved. |