California HOA law is governed by a complex set of statutes that provide a framework for the creation, management, and operation of common interest developments (CIDs), such as condominiums, townhomes, and planned unit developments. Here are some specific nuances of California HOA law that residents and HOA boards should be aware of:
- Davis-Stirling Common Interest Development Act: This act is the primary California law governing HOAs. It outlines the rights and responsibilities of both HOAs and their members, including governance, financial management, and dispute resolution.
- Open Meeting Act Requirements: California law requires HOA board meetings to be open to all members, with a few exceptions for executive sessions. Notice of meetings, agendas, and the right for members to speak on issues must be provided under specific guidelines.
- Election Rules: California HOA law sets strict rules for board elections, including secret ballots, equal access to association media for candidates, and the option for independent third-party oversight of elections to ensure fairness and transparency.
- Assessment Collection and Financial Practices: The law provides clear guidelines on how assessments should be levied, collected, and used. It includes requirements for regular financial reviews or audits, depending on the association’s gross income, and outlines procedures for delinquent assessment collections, including the ability to lien and foreclose on properties in certain circumstances.
- Architectural Control and Enforcement: HOAs in California have the authority to establish and enforce architectural and design standards to maintain community aesthetics and property values. However, these standards must be reasonable, and enforcement actions must follow due process as defined by the governing documents and state law.
- Homeowner Rights and Dispute Resolution: California law emphasizes the protection of homeowner rights within an HOA, including the right to challenge board decisions and the right to fair treatment under the governing documents. The law encourages alternative dispute resolution methods, such as mediation or arbitration, before litigation.
- Maintenance and Repair Obligations: The law delineates the maintenance responsibilities between the HOA and individual members, often defined by the HOA’s governing documents but subject to state law requirements, particularly concerning common areas and individual units.
- Pet Restrictions: While HOAs can impose reasonable pet restrictions, California law also makes provisions for service and support animals, overriding any stricter HOA rules in accordance with federal and state fair housing laws.
- Rental Restrictions: Recent changes in California law have limited the ability of HOAs to impose certain types of rental restrictions, aiming to balance the rights of owners to rent their properties with the association’s interest in maintaining a stable residential community.
- Solar Energy System Installations: California law supports the use of solar energy by limiting the ability of HOAs to prohibit or impose unreasonable restrictions on the installation of solar energy systems on privately owned areas, subject to certain conditions.
Understanding these nuances is crucial for both HOA boards and members to ensure compliance with California law, protect individual rights, and promote harmonious community living. Consulting with legal professionals experienced in California HOA law can provide further guidance and clarity on these and other specific aspects of the law. Get in touch with West Coast Defense today for a free initial case consultation by calling (800) 923-1776.
