Go to a board meeting and register your complaint. Have documentation in the form of photos, videos, etc. to prove that what you're complaining about is accurate. Monitor the results. Repeat if necessary. The board has a legal obligation to make sure that owners follow the CCR's. Be a pest.
The first letter should state the purpose of the HOA violation, provide evidence, a quick overview if the rules and regulations to reference, and provide a reasonable time period for the homeowner to make the changes. The second letter is a warning letter 14 days after the first letter.
5 Tips for writing firm but friendly HOA violation letters Explain the purpose of the letter clearly. Provide evidence of the violation. Request the violation to be resolved. Outline a timeline for making those changes.
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.
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.
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.
Below are suggestions on important elements to include in your letter: Make sure to include background facts describing the issue at hand. State your demand in a professional and concise manner. Reference any bylaws, CC&Rs, or state/federal laws you are relying on. Include a deadline and intent to sue language.
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.”
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.