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Nonprofit Law/davis-stirling for 501(c)(3)


Does the Davis-Stirling Act apply to public charities that are not HOA's?  If not then what does apply for rules?

Thank you.

I have in my profile that this free forum is only for general questions about IRS federal exemption issues of 501(c)(3) organizations. The Davis-Stirling Act is a State law of California.  Anyway, I will direct you. "Davis-Stirling Rewrite. In 2012, a Davis-Stirling "Rewrite" was signed into law by Governor Brown. The Act was rewritten so as to simplify, reorganize and renumber the law into Civil Code 4000-6150."

Those sections of the California Civil Code are available at
You will see in most legislation an area where there are definitions and exceptions. The definitions are at
The applicability of the act is detailed at and in that section 4200 we see:
--- Start of excerpt ---
This act applies and a common interest development is created
whenever a separate interest coupled with an interest in the common
area or membership in the association is, or has been, conveyed,
provided all of the following are recorded:
  (a) A declaration.
  (b) A condominium plan, if any exists.
  (c) A final map or parcel map, if Division 2 (commencing with
Section 66410) of Title 7 of the Government Code requires the
recording of either a final map or parcel map for the common interest
--- End of excerpt ---
I do not know of public charity that would be involved in such a project, but, if you provide me with the details of that charities project, I may be able to reply further.
There may be other sections where you would find relevant information.

Harvey Mechanic
Attorney at Law

P.S. This response is intended to be a general statement of law, should not be relied upon as legal advice and does not create an attorney/client relationship.  

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Harvey Mechanic


DO NOT GIVE ME INFORMATION THAT YOU WANT KEPT CONFIDENTIAL. I am an attorney and I volunteer time to answer general questions about U.S. Federal income tax issues of nonprofit 501(c)(3) public charities only. Those questions could be about establishing and maintaining legal requirements for such non-profit organizations in the United States, including Internal Revenue service filings and requirements. I will not be working on this free forum to answer questions about Nonprofit's possible unrelated or for-profit businesses or how to fill out forms. This forum is only for general questions about federal tax law, not as the law applies to your specific situation. If you do not make your question public then I will not be spending much of my donated time on answers that would not benefit the public. If you have other questions, please contact me at I will reply from my email. In any case, do not reveal confidential information to me until after I have contracted with you to provide personal legal services. My responses on this forum are intended to be general statements of law, should not be relied upon as legal advice, and do not create an attorney/client relationship. For me to consider your individual situation and how the law applies, I would need to gather extensive information about the situation. To search my previous answers you can do a Google search by "" without the quotes and then add your search terms before hitting enter.


I have been practicing law and especially the law of nonprofit organizations since 1990 when I was admitted to the New York Bar and I have maintained my status with the Bar since that time.


B.S. Columbia University in New York City, 1970

J.D. (Law Degree) Brooklyn Law School, 1990 -- Cum Laude.

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