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.
The new HOA law in California, passed in September 2024, includes amendments to the Davis-Stirling Act of 1985. These amendments make it possible for HOAs to conduct elections online rather than through costly and time-consuming paper balloting.
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.
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.
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.
In a word, yes. There are certain decisions the board can make unilaterally. On the flip side, there are also some decisions that must go through a membership vote. The limitations of an HOA board's authority differ from one community to another.
Projects that change the configuration of walls, pipes, wiring, roofs, or major appliances typically DO require at least one type of building permit. Projects that DO NOT need a building permit are simple surface (cosmetic) projects; minor repairs and replacements; and minor site improvements or small structures.
In some states, such as California, HOA bylaws are considered public record and must be made available upon request.
Section 4900 of the Act says that all HOA board meetings must be open to all association members, with a few exceptions for private sessions. In California, executive sessions are closed-door talks that only board members, and certain other people can attend.
Without insurance, these incidents could lead to serious financial strain on the HOA due to potential liability claims. Insurance acts as a shield, covering legal fees and settlements so that one unfortunate slip-and-fall doesn't derail the budget of a homeowners association.