Homeowners should provide rental agreements with HOA rules to tenants. These legal documents ensure renters comply the association's regulations. The contracts should contain the landlord's emergency contact information. Property owners must give governing documents (CC&Rs) and HOA rules to tenants before they move in.
In California, Civil Code Section 4740 requires owners to provide an applicant's name and contact details to the board before leasing the property. However, whether an HOA can screen potential tenants further through background checks, credit scores, and rental histories remains silent.
Code § 4160.) The majority of the rights granted to members under the association's governing documents or the Davis-Stirling Act therefore do not extend to renters, nor may they be validly transferred to renters.
Moreover, can renters attend HOA meetings? The answer usually depends on the type of meeting being held. It also hinges on state law and the HOA's governing documents. For instance, California's Civil Code Section 4925 states that members can attend any non-executive portion of board meetings.
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.
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.
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.
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.
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.
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.