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.
Many HOAs maintain a website where governing documents are posted. To find HOA rules and regulations online: Navigate to the HOA's official website. Look for sections labeled “Documents,” “Governing Documents,” or “Rules and Regulations.”
The Davis–Stirling Common Interest Development Act is the popular name of the portion of the California Civil Code beginning with section 4000, which governs inium, cooperative, and planned unit development communities in California.
One of the Davis Stirling Act's most important aspects is its regulation of assessments. The Act mandates that HOAs maintain accurate financial records and set aside adequate reserve funds for future repairs. It also requires a review of the association's finances and proper reserve planning.
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.
The Davis-Stirling Act applies to all community associations, regardless of when they were developed. The intention of the Davis-Stirling Act is to provide safeguards for members within community associations and to allow for self-governance by an elected board.
California Secretary of State Filings This process legalizes the HOA and creates a public record of its existence. The filings include not only the Articles of Incorporation but can also encompass records of financial statements and any potential dissolution of the HOA.
In the appropriate case, a Court can compel an association to hold a meeting when it refuses; dictate quorums; cause the removal of directors; and award attorney fees and costs for violations.