The homeowner’s associations and their respective boards for residential common interest developments are governed by the Davis-Stirling Common Interest Development Act (“DSA”). The DSA was recently revised and restated and placed in a new division in the Civil Code. The changes took effect January 1, 2014 and include substantive changes, grouping related provisions in a more logical order, dividing long sections into shorter, easier to read sections and usage of more consistent terminology. In addition, as of January 1, 2014, commercial and industrial common interest developments (CIDs) in California are now governed by the new Commercial and Industrial Common Interest Development Act. This new act establishes provisions specific to commercial and industrial CIDs, clarifying those legal requirements that apply to commercial CIDs and resulting in less burdensome CID requirements for commercial interests by separating them from consumer protection provisions directed at homeowners in the DSA.
PP&P is one of the few, if not the only law firm in the area, to have its residential homeowner association management documents pre-approved by the Bureau of Real Estate (“BRE”). This approval applies to documents used to govern condominium projects as well as planned developments. This pre-approval assists and expedites developers and subdividers in obtaining preliminary, conditional and final subdivision public reports issued by the BRE. Our role generally involves the preparation of governing documents for the association such as articles of incorporation, bylaws, and CC&Rs and navigating the approval process of the BRE for the client. PP&P also has management documents tailored specifically for commercial/industrial projects pursuant to the new Commercial and Industrial Common Interest Development Act.
Should you desire to discuss any of this information or the documents, please do not hesitate to contact either of our HOA/subdivision attorneys, Shereef Moharram or Steve McGuire.
