Oakridge Estates - Newbury Park

Where sunset arrives a bit early


Overview of Governing Documents

Oakridge Estates is a Common Interest Development (CID). All homeowners belong to the Oakridge Estates Community Association. When you buy an Oakridge home, you become a member of the association; this is automatic.

State Law

In 1985, Governor Deukmejian signed into law the Davis-Stirling CID Act. This is part of California Civil Code and is revised annually. It, along with documents below, describes how the association is to be managed. Generally, if there is a conflict between the Davis-Stirling Act and any association documents, the Davis-Stirling Act prevails. Homeowners, the board of directors, and the management company equally may treat the Davis-Stirling Act as a definitive legal and reference document.

On Aug 17, 2012, Governor Jerry Brown signed into law a rewrite of the Davis-Stirling Act. It went into effect on Jan 1, 2014. All sections have been renumbered from Civil Code §§1350-1378 to §§4000-6150. The law permits associations to update their governing documents by replacing old statutory references with new ones without membership vote. For example, in our CC&Rs alone, there are 11 references that will need to be changed as follows:

Davis-Stirling Act conversion chart
RECITALS 1356 4275
1.04 1351(a) 4080
2.04(c)(i) 1368 analysis needed
3.09(b) 1365.7 5800
4.09(a) 1365.5 analysis needed
4.09(d) 1366 analysis needed
4.10(b)(v) 1366 (twice) analysis needed
4.10(b)(ix) 1367.1 analysis needed
12.06(a) 1354 5975
12.06(d)(iii) 1363(h) 4820

Association Documents

There are four key documents, unique to our association, that guide management of association affairs. (A fifth, the architectural rules, is described later.) Links to copies of these documents appear below.

Important Links

Architectural Rules

The architectural rules are a clarification or amplification of what is written within the CC&Rs, particularly CC&R Article 5.

What are the rules for?

The rules, created by authority of the CC&Rs, describe in detail the procedures homeowners must follow when making any changes to the outside of their home. The purpose of the rules and enforcement thereof is to ensure that any improvement is "in harmony with the external design of other structures and/or landscaping within the" development. (See Section 5.06 of the CC&Rs.)

How are they enforced?

The CC&Rs authorize the creation of an Architectural Review Committee, a group of 3-7 homeowners appointed by the board, that enforces the architectural rules.

Before you make any change to the exterior of your home, you must obtain architectural approval. You submit a form describing your change to the committee. Once you are given approval, you may proceed with the change.

Important Links

Our country's governing document

Hierarchy of Documents

Not all documents are created equal—some have more authority than others. The hierarchy of authority among documents is as follows:

  1. Declaration of Covenants, Conditions and Restrictions (CC&Rs)
  2. Articles of Incorporation
  3. Bylaws
  4. Rules and Regulations

Conflicts between documents can often be resolved by referring to the hierarchy of authority. However, statutes and case law may also control particular issues. Boards should seek a legal opinion whenever they discover a conflict.

Edward Munch's "The Scream", 1893

Something to Munch On

Article 5 of the CC&Rs begins, "Before commencing construction or installation of any Improvement within the Properties, the Owner planning such Improvement must submit a written request for approval to the Architectural Committee. The Owner's request shall include structural plans, specifications and plot plans satisfying the minimum requirements specified in the Architectural Rules…. Unless the Committee's approval of the proposal is first obtained, no work on the Improvement shall be undertaken. The Architectural Committee shall base its decision to approve, disapprove or conditionally approve the proposed Improvement on the criteria described … below…

For more information, visit the Get Forms page.