Calif. Civil Code §§6150; 5551; 5986

Amended by S.B. 326

Effective date: January 1, 2020

The Davis-Stirling Common Interest Development Act governs how common interest developments (CIDs) are managed and operated. This includes rules on who is responsible for maintaining specific areas of the CID. For example, unless the CID declaration says otherwise, the CID is responsible for maintaining common areas, while individual owners are responsible for maintaining their separate units.

This new law requires the CID to make a reasonably competent and diligent visual inspection of the project’s exterior elevated elements — load-bearing components and its associated waterproofing systems — at least once every nine years.

Load-bearing components include components that:

  • extend beyond the building’s exterior walls;
  • are supported completely or partly by wood or wood-based products;
  • are designed for human use; and
  • include a walking surface six feet or higher above the ground.

When the inspector finishes their inspection, they need to submit a report to the CID board detailing the condition of the elements inspected and their remaining useful life. When the inspector discovers an exterior elevated element’s condition poses an immediate threat to the safety of residents, the inspector is required to submit the inspection report to the local code enforcement agency within 15 days of the report’s completion. The association will make the needed repairs immediately and occupants will not be permitted to use the element until the local enforcement agency inspects and approves the repairs.

The first required inspection needs to be completed before January 1, 2025 and every nine years after.

Read the bill text here.

Related article:

The Davis-Stirling Act and California homeownership