What California HOAs Need to Know About the Davis-Stirling Act
Compliance in California can feel like a full-time job for part-time volunteers.
Marci Cornell-Feist · Founder, Minutes Mojo · April 8, 2026 · 2 min read
The Davis-Stirling Act
The Davis-Stirling Act is the most prescriptive HOA law in the country, and recent updates are holding HOA boards accountable via tighter timelines and transparency requirements.
Key takeaways from the legislation
- Minutes are mandatory. You are legally required to keep minutes for every open board meeting, executive session, and committee meeting. Without a written record, there is no proof that your board acted within its authority.
- Minutes must reflect the open forum. Members have a legal right to speak at every meeting. Even if no one speaks, your minutes must state that an open forum was held to prove you provided the opportunity for member comment.
- 30 days to provide records. You have exactly 30 days from a meeting to make minutes (or draft minutes) available to homeowners. If you miss this window, a court can fine the association $500 per violation, plus the owner’s legal fees (missing this window is one of the most common ways boards lose “good faith” standing in a dispute).
- Higher fines require a “written finding.” As of July 2025, you cannot fine an owner more than $100 unless your minutes show that the violation is a safety risk. Without this exact acknowledgement in the record, your higher fines are legally unenforceable.
- Executive sessions must be summarized. While the details are private, you are legally required to note the “general nature” of every executive session in your next open meeting minutes. If this summary is missing, your private actions can be challenged as illegal.
The bottom line: boards are responsible for managing a public record, not just a private meeting.
If your "minutes" are actually Zoom recordings or handwritten notes, languishing on personal drives or floating around the boardroom, this is your sign to get organized; these practices are no longer sufficient to meet legal standards. At best, it’s bad housekeeping. At worst, it’s voided votes, homeowner lawsuits, and liability for board members (for more information, see “What makes minutes legal?”)
These resources are for general guidance only; for specific questions consult with an attorney.
Frequently asked questions
- How many days does a California HOA have to provide meeting minutes?
- Under the Davis-Stirling Act, a California HOA has 30 days from the meeting to make minutes (or draft minutes) available to homeowners. Missing this window can cost the association a $500 fine per violation, plus the requesting owner's legal fees.
- What's the penalty for not providing HOA minutes in California?
- If a California HOA fails to provide records within 30 days, a court can fine the association up to $500 per violation, plus the requesting owner's legal fees. Missing the window is also one of the most common ways boards lose “good faith” standing in a dispute.
- Can a California HOA fine an owner more than $100?
- As of July 2025, a California HOA cannot fine an owner more than $100 unless its minutes record a written finding that the violation is a safety risk. Without that exact acknowledgement in the record, higher fines are legally unenforceable.