This By-Laws document contains the following information: the name and location of the corporation, the shareholders, and the duties of the officers.
Property Owners Association Bylaws Within A Geographic Area In Oakland
Category:
State:
Multi-State
County:
Oakland
Control #:
US-00444
Format:
Word;
Rich Text
Instant download
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FAQ
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.
How Much Should an HOA Fine? Like all provisions of an association's governing documents, fines must be "reasonable." No statute or case law defines when the amount of a fine is, or is not, reasonable.
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.
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.
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.
A property owners' association is a non-profit organization consisting of homeowners, business owners, property managers, developers, and investors who want to better the community and support and improve the geographic area.
Property details are public record. So take an address from the neighborhood and plug it in to the county's property assessor's website, and the detailed listing for that property should give you the name of the HOA which controls that neighborhood.
In some states, such as California, HOA bylaws are considered public record and must be made available upon request.
If you can't find them, contact your real estate agent or title company; they should have copies. Contact the HOA: If you don't have the documents or need more information, contact your HOA directly. They can provide you with the latest version of the covenants and any updates or amendments.
