This By-Laws document contains the following information: the name and location of the corporation, the shareholders, and the duties of the officers.
Bylaws Of Homeowners Without A Board In Orange
Category:
State:
Multi-State
County:
Orange
Control #:
US-00444
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Word;
Rich Text
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FAQ
Legally yes, CCRs run with the land and unless they were initially created with some expiration date on them, they stay with the land forever. There are 3 entities who can enforce them... the developer if they are still around... any HOA.. and any homeowner.
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.
The absence of an HOA board can result in significant risks, including financial mismanagement, where bills go unpaid and dues are uncollected, leading to financial instability. Residents and city officials can also bring about legal actions against the HOA, resulting in expensive court actions.
HOA membership is not optional in California. This means that if you move to a neighborhood that is governed by a homeowners' association, you are obligated to join.
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.
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.
Without an HOA, the responsibility falls squarely on the shoulders of individual homeowners. If someone's breaking the rules, it's up to their neighbors to notice and then do something about it. That's right; your friendly (or not-so-friendly) neighbors actually have the legal standing to enforce deed restrictions.
An association's CC&Rs shall be enforceable equitable servitudes unless unreasonable. (Civ. Code § 5975.) Use restrictions in a recorded declaration are afforded a "presumption of validity" and enforced unless found unreasonable under a deferential standard.