HOA - Davis-Stirling Act
Under Davis–Stirling Act:
a developer of a new community is able to create a homeowner association (HOA) to govern the development of such community.
As part of creating the HOA:
the developer records a document known as the Declaration of Covenants, Conditions, and Restrictions (CC&Rs) against the units or parcels within the boundaries of the HOA with the county recorder.
Even though it is not a governmental entity, the HOA operates similarly to a certain degree.
This fact is recognized by the Supreme Court of California, the Declaration of CC&Rs is the constitution of the HOA and is legally binding upon residents to the extent that it does not conflict with state or federal law.
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