Glossary of Terms: D

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Table: Glossary Terms Starting with "D"
Term Definition
Davis-Stirling Common Interest Development Act or Davis-Stirling Act

the largest body of law regulating community associations in California

Other laws impacting HOAs include the Business & Professions Code, Civil Code, Code of Regulations, Corporations Code, Government Code, Health & Safety Code, Penal code, Tax Code, and the Vehicle Code.

declarant

the person or group of persons designated in the declaration as declarant, or if no declarant is designated, the person or group of persons who sign the original declaration or who succeed to special rights, preferences, or privileges designated in the declaration as belonging to the signator of the original declaration

(Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)

CA Civ. Code § 4130
director

a natural person who serves on the board

(Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)

CA Civ. Code § 4140

The Corporations Code defines "directors" as natural persons designated...elected or appointed...to act as members of the governing body of the corporation. A person who does not have authority to act as a member of the governing body of the corporation, including through voting rights as a member of the governing body, is not a director.

(Amended by Stats. 2015, Ch. 303, Sec. 45. (AB 731) Effective January 1, 2016.)

CA Corp. Code § 5047

directors and officers (D&O) insurance

the insurance for individual liability of directors and officers of the association for negligent acts or ommissions in their capacity

The association is required to maintain insurance that includes coverage for:

  1. General liability of the association
  2. Individual liablity of directors and officers (D&O insurance) of the association for negligent acts or ommissions in that capacity

The minimum directors and officers insurance required is:

  1. At least $500,000 for developements with 100 or fewer units
  2. At least $1 million for developments with more than 100 units

The minimum general liability insurance required to protect the individual owners through the association's coverage is:

  1. At least $2 million for developements with 100 or fewer units
  2. At least $3 million for developments with more than 100 units

CA Civ. Code § 5800

CA Civ. Code § 5805

Read our article Understanding Your HOA's Master Insurance Policy