Bylaws For Homeowners Association In Riverside
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FAQ
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.
— Homeowners' associations shall complement, support and strengthen LGUs in providing vital services to their members and help implement local government policies, programs, ordinances, and rules.
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.
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.
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 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.
HOAs are usually governed by a board of directors or governors that is elected by the homeowners to make decisions about the HOA and enforce its rules. Most HOAs in California are set up as nonprofit mutual benefit corporations, but some may be structured differently.
If you're trying to challenge some action that the HOA has made, you can probably: Petition the Board to reconsider the action Join the Board and influence its actions from the inside Discuss the matter with an attorney familiar with HOA laws in your jurisdiction.
