Under the law, all homeowners are qualified to join a HOA, but they are not required or mandated to be members.
In homeowners association cases, the Complaint shall be filed in the RAB which has jurisdiction over the region where the association is registered with the DHSUD. (Rule 2, Section 7, Rules of Procedure of the Human Settlements Adjudication Commission).
Statutory Basis: RA 9904 (Magna Carta for Homeowners and Homeowners Associations) and its IRR grant HOAs the right to impose and adjust reasonable fees and assessments. Procedure: Increases require: A board resolution. Proper notice to members.
— Every association of homeowners shall be required to register with the HLURB. This registration shall serve to grant juridical personality to all such associations that have not previously acquired the same by operation of the General Corporation Law or by any other general law.
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.”
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.
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.
An HOA's governing documents are usually in the form of a Declaration of Covenants, Conditions, and Restrictions (CC&Rs) and bylaws. The CC&Rs explain the rules of the HOA community, while the bylaws cover how the HOA operates.
A property owners association, or POA, is formed to protect the undeveloped areas of a community. A homeowners association, or HOA, is formed to protect and manage a collection of homes.