Bylaws Of Homeowners Without A Mortgage In Alameda
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» A copy of the HOA's budget reports, financial statements, reserve studies and insurance documents most-recently distributed. » A statement in writing as to the amount of the HOA's regular fees and special assessments, as well as information on any unpaid fees, late charges, fines, penalties, etc.
An HOA has the authority to enforce the rules and regulations of the community using the community rules, or “bylaws and covenants.” These rules are considered “agreed upon” since homeowners approve them through board-elected representatives.
For instance, in California, the Civil Code Section 1367.4 dictates that an HOA may only foreclose on a property if the delinquent assessments reach over $1,800.
Moreover, California law does not permit HOAs to evict homeowners. If the owner of the property is leasing it to a renter, however, the homeowners' association may be allowed to remove the tenant.
What are unenforceable HOA rules? Keep you out of court. Hush up litigation. Discriminate indiscriminately. Enter your home without cause or notice. String you out on the (clothes)line. Fine you for fun. Change rules on the fly. Demand you take down your dish.
A home can be foreclosed on for many kinds of debts, not just a mortgage. For example, Home Owner's Association (HOA) can foreclose in some cases for unpaid dues and assessments.
The winding up process includes, among other things, giving notice of the dissolution to creditors of the HOA (Corporations Code § 8618), paying all known liabilities and debts (Corporations Code §§ 8713, 8714), selling assets (Corporations Code § 8710), and distributing any remaining assets to homeowners.
Which state has the most HOAs? In 2024, Florida has the most homes belonging to HOAs. Out of 8.9 million homes in Florida, 3.9 million of those are in HOAs–which is about 45%. This number is closely followed by Colorado, with 893K homes in HOAs out of 2.3 million homes–a rate of 38.6%.
WHAT IS OUR OBJECTIVE: In California, there are an estimated 50,000 + HOA's comprising iniums, townhomes and single-family associations.
There are over 370,000 homeowner associations in the United States.
