Property Owners Association Bylaws For Nonprofit In Alameda
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FAQ
Exploring the Public Record Status of HOA Bylaws In some states, such as California, HOA bylaws are considered public record and must be made available upon request.
It is rare for the IRS to recognize an HOA as a 501(c)(3) organization. While HOAs and condo associations establish themselves as nonprofits, they are not tax-exempt organizations under 501(c)(3). The requirements for 501(c)(3) are very strict. To qualify, an organization must serve a broad public interest.
A neighborhood association is eligible for nonprofit status if: It is incorporated by the state as a non-profit corporation. It is organized solely for charitable purposes. To apply for non-profit status, you must file IRS Form 1023 seeking tax-exempt status and charitable organization status.
Laws always supersede governing documents IF they conflict and the law applies to your HOA. In California, the Davis-Stirling Act may take precedent over general corporation codes because it's specific to HOAs.
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.
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.
While you can propose rule changes through proper channels, there's no legal way to simply ignore or “get around” the HOA's covenants, conditions, and restrictions (CC&Rs) that you agreed to when purchasing in the community.
In 2024, the California legislature passed an amendment that allowed online elections to be held within HOAs. It recognized that this could open the door to digital vote manipulation within the HOA's management, though, so the state mandated that each HOA election needed to have an independent inspector of elections.
Ing to some statistics: There are an estimated 50,000+ HOA's in California. Roughly 14.07 million people live in HOA communities. Each HOA has an average 286 residents.
