See below for some sampling of pages from THE DAVIS STIRLING ACT IN PLAIN ENGLISH A BOOK THAT IS UPDATED EACH YEAR TO ADDRESS CURRENT LAWS THAT AFFECT HOAs.

OPENING PAGE BEGINS (Note "Comments" are those of the author explaining the law):

NOTE:  The Davis-Stirling Act is found in Title 6 of the Civil Code of California, beginning at Section 1350 and ending at Section 1378. Much of the text is as it appears in the Civil Code; however, the paraphrasing of the statutes is the interpretation of author. If you want the exact wording of a California statute, the volumes can probably be found at your local library. The actual text can also be retrieved from the California State Government website (www.ca.gov - search for statutes) and from such legal programs as Westlaw or Lexis. The comments in bold and italics are added to give you a better understanding of the statute (from the author's point of view). No text in this publication should be cited as authority in any official court brief nor should it be relied upon for legal advice related to a specific question or set of facts. It is provided only as general information to assist the reader in understanding the Act.

CHAPTER 1. GENERAL PROVISIONS

Article 1. Preliminary Provisions

1350.     NAME OF SECTION.  THE TITLE OF THIS SECTION OF THE CIVIL CODE IS "THE DAVIS-STIRLING COMMON INTEREST DEVELOPMENT ACT".

1350.5    SCOPE, MEANING AND INTENT OF TITLE. Division, part, title, chapter, and section headings do not in any manner affect the scope, meaning, or intent of this title.

1350.7.     DELIVERY OF DOCUMENTS; APPROVED METHODS.

(a)   This section applies to delivery of a document to the extent the section is made applicable by another provision of this title.

Comment: This kind of legal mumbo-jumbo technically means that these notice provisions do not apply except when referenced through another statute.

(b)   A document shall be delivered by one or more of the following methods:

        (1)                   Personal delivery.
        (2)                   First-class mail, postage prepaid, addressed to a member at the address last shown on the books of the association or otherwise provided by the member. Delivery is deemed to be complete on deposit into the United States mail.
        (3)                   E-mail, facsimile, or other electronic means, if the recipient has agreed to that method of delivery. If a document is delivered by electronic means, delivery is complete at the time of transmission.
        (4)                   By publication in a periodical that is circulated primarily to members of the association.
        (5)                   If the association broadcasts television programming for the purpose of distributing information on association business to its members, by inclusion in the programming.
        (6)                   A method of delivery provided in a recorded provision of the governing documents.
        (7)                   Any other method of delivery provided that the recipient has agreed to that method of delivery.
        (8)                   A document may be included in or delivered with a billing statement, newsletter, or other document that is delivered by one of the methods provided in subdivision (b).
        (9)                   For the purposes of this section, an unrecorded provision of the governing documents providing for a particular method of delivery does not constitute agreement by a member of the association to that method of delivery.

Comment: This section which became effective January 1, 2004, helps the law catch up with technology.  What you have to be careful of is substituting email or fax notice in place of a requirement in other statutes or your governing documents for first class mail, because this law applies only when other sections of the DS Act ("this title") refer to or incorporate it. For example, see Civil Code Section 1365. That statute contains specific mailing requirements for the budget package. Sections 1363 (f) and (g) contain specific requirements for notice of fine schedules and disciplinary hearings. Those sections were passed before the law gave these choices. In contrast,  see 1357.100 et seq., a later statute relating to adoption of rules and regulations,  and see the specific reference to this section for notices. 

Article 2. Definitions

1351.   DEFINITIONS.  This section contains definitions for the types of developments subject to this body of law and many of the terms used throughout the statutes.

(a)   "Association" means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development.

Comment: Currently, most owner associations in California (commonly called "community associations") are incorporated at inception. Many unincorporated associations have incorporated to get important legal protection for the owners and status for the association.

(b)   "Common Area" includes all of the property (including buildings) in the development that is not included in the "separate interests" (defined below). Ownership in the common area may be by fee simple (basically meaning holding all rights of ownership), by life estate (generally meaning someone has been granted a right of occupancy of the property so long as they live) or an estate in years (like a life estate, but for a specified number of years). "Common area" in a planned development may consist of property and/or mutual or reciprocal easement rights (see 1351(f), (k).

Comment: "Common area" in condominium developments generally includes the recreational area, facilities and amenities, open space areas, and all land and buildings. In condos, usually, the owners of "separate interests" own the airspace in their Unit, to the walls and floors, and a pro rata share of the common area in equal shares with the other owners as tenants-in-common.

"Common area" in planned developments (aka PDs or PUDs) usually includes the recreational areas and facilities and the land they sit on, greenbelts and green areas, sidewalks, and/or private streets. The association usually owns the common area. Sometimes there is no obvious Common Area. "Common area" may also include the rights of the association to assess owners and record liens to collect the assessments, such as for enforcement of the CC&Rs or architectural control. The reason for the qualifying words "usually" and "generally" is that there are hybrid condo and PD developments that have various combinations of ownership interests and there are also developments with misleading governing documents (meaning the development may consist of detached homes but be mapped as a condominium).

(c) "Common Interest Development" includes all of the following types of developments:

            (1)        A community apartment project.
            (2)        A condominium project.
            (3)        A planned development.
            (4)        A stock cooperative.

...... (Lots More in Between)

1353.5 - DISPLAY OF UNITED STATES FLAG BY AN OWNER ON OR IN OWNER'S SEPARATE INTEREST OR WITHIN EXCLUSIVE USE COMMON AREA.

(a)   Except as required for the protection of the public health or safety, no declaration or other governing document shall limit or prohibit, or be construed to limit or prohibit, the display of the flag of the United States by an owner on or in the owner's separate interests or within the owner's exclusive use common area, as defined in Section 1351.

(b)   For purposes of this section, "display of the flag of the United States" means a flag of the United States made of fabric, cloth, or paper displayed from a staff or pole or in a window, and does not mean a depiction or emblem of the flag of the United States made of lights, paint, roofing, siding, painting materials, flora, or balloons, or any similar building, landscaping, or decorative component.

(c)   In any action to enforce this section, the prevailing party shall be awarded reasonable attorney's fees and costs. 

Comment: After 911, flying of the flag became a coveted national pastime of many patriotic  Americans.  Associations that try to limit flag flying often end up in the news and sometimes in the courts.  One of the most common questions is whether one can fly the flag on a staff or pole that extends outside of their "exclusive area." Other questions can arise as to nuisance or safety (such as noise by a clanking chain, unsecured flag pole, etc.).  If any of these issues arise, a knowledgeable attorney should be consulted. There is federal law on this subject that applies as well.

1353.6. NONCOMMERCIAL SIGNS, POSTERS, FLAGS, OR BANNERS; PERMITTED PLACEMENT OF POSTING OR DISPLAY; EXCEPTIONS.

(a) The governing documents, including the operating rules, may not prohibit posting or displaying of noncommercial signs, posters, flags, or banners on or in an owner's separate interest, except as required for the protection of public health or safety or if the posting or display would violate a local, state, or federal law.

(b) For purposes of this section, a noncommercial sign, poster, flag, or banner may be made of paper, cardboard, cloth, plastic, or fabric, and may be posted or displayed from the yard, window, door, balcony, or outside wall of the separate interest, but may not be made of lights, roofing, siding, paving materials, flora, or balloons, or any other similar building, landscaping, or decorative component, or include the painting of architectural surfaces.

(c)   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. Legitimate 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 required to be allowed (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.

...... (Lots More To End of Davis Stirling Act)