Davis-Stirling.com

We are a 10-unit association in California.
Does anyone know what Davis-Stirling.com is? Is it a website or is it a legal amendment of some kind?
Our building was constructed in 2000 and our CC&R's and Bylaws have not changed - they work for us. However, this "Davis-Stirling.com" website advertised by "Adams Kessler PLC" law firm says we should have, and need to be making changes to our legal documents. How do I find out if we must change them - or is this an advertisement to spend money by hiring Adams Kessler?
Any information/advice would be appreciated.

Hi Mary! Welcome to HOA-Talk.

The Davis-Stirling Act is the name of the statutes governing HOAs (named after the two legislators who authored the bill that made them law. I'm sure you remember Gov. Davis -- who could forget him! )

Yes, I believe the law firm of Adams Kessler is trying to generate business. It is NOT necessary to amend your gov docs to incorporate any changes as a result of enactment of an HOA statute. If this were true you might be amending your docs each year. All the board needs to be aware of is that in most instances state statutes over-rule the gov docs so they should be aware of all the state statutes applying to HOAs.

I say "most instances" because of the following:

1) if the state statute says "notwithstanding any provisions in the community documents", it means that no matter what your gov docs say, this state law prevails

2) if the state statute says, "unless otherwise stated in your community documents", or "unless your community documents state XXX", it means that whatever your gov docs say prevails

Mary,

Even though your assn is very small and it appears the majority of the members want to be involved, I would recommend following the gov. docs. The members should elect a BOD and the BOD should elect the officers as prescribed in the bylaws. Any other members that want to be involved could chair or serve on a committee. Even though the docs call for cumulative voting, the members do not have to vote that way if they don't want to, so that's not a big deal. But, should someone choose to vote that way, they cannot be denied. Generally an HOA is only required to have one meeting for the members each year; traditionally called the annual meeting; it's main purpose being to elect board members. However, that doesn't mean there can't be more member meetings throughout the year, although being such a small assn I can't imagine why the members would have to meet. I believe CA state law requires the members to be notified of all board meetings which would allow for them to keep abreast of board actions. Most boards meeting either monthly or quarterly depending upon the size of the assn the frequency that issues need to be addressed.

Can you explain what the developer meant when he said the docs were intended for a 25+ complex? Are there certain provisions that refer to 25 units? If so, that would be one thing that perhaps should be amended.

Otherwise, "If it ain't broke, don't fix it" is a good philosophy to live by!