Because HOA documents are legal documents, changes and revisions cannot be made to them without a vote taking place to accept an amendment to any of the documents. The exception to this rule, is that in an emergency, minor, and state- and federal-mandated amendments to HOA guiding documents do not require a vote.
Because HOA documents are legal documents, changes and revisions cannot be made to them without a vote taking place to accept an amendment to any of the documents. The exception to this rule, is that in an emergency, minor, and state- and federal-mandated amendments to HOA guiding documents do not require a vote.
What Happens if Nobody Runs for the Board - Coast Management of California. Directors of HOA boards continue to serve until they are replaced at the next election. If no one runs for the board, existing board members can serve in perpetuity.
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.
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.
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.
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.
It may maintain the road lots, open spaces and other facilities. Additionally, it may regulate the use, maintenance, repair, replacement and modification of common areas and cause additional improvements to be made part of the common areas. However, this right should not contradict with the approved subdivision plan.
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.