Because of this, California law gives HOA boards some latitude in adjusting HOA assessments. Civil Code Section 5605(b) allows boards to increase regular assessments up to 20% over the prior year and to impose a special assessment in an amount equal to up to 5% of the HOA's budget gross expenditures for the year.
The best way to strategize on short-term rental restrictions is to speak to a board member. At the same time, you can consult the CC&Rs' (Covenants, conditions, and restrictions) advice. Knowing the potential risks of getting around HOA's restrictions is important. And we highly recommend doing it the legal way.
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.
Before adopting or amending an operating rule or changing the fine schedule, the board must provide general notice of a proposed rule change at least 28 days before making the rule change. (Civ. Code § 4360(a).) The notice must include the text of the proposed rule change and a description of its purpose and effect.
The local law supersedes the rules and regulations of the HOA, meaning that HOAs must ensure they are operating under the law.
Once you buy a home that's part of an HOA, you automatically become a member of the HOA. HOA rules are legally binding, and you must adhere to all rules and regulations in the governing document. Yes, there are bylaws that you may not like, but there are no HOA loopholes.
No, there is not a way to ``leave the HOA'' without moving. The HOA covenants are tied to the property permanently.
Homeowner's Exemption If you own and occupy the property as your principal place of residence, you are eligible for a Homeowners' Exemption of $7,000 in assessed value for that property. The exemption will reduce the annual property tax bill by at least $70 each year.
The California Constitution provides a $7,000 reduction in the taxable value for a qualifying owner-occupied home. The home must have been the principal place of residence of the owner on the lien date, January 1st.