No, there is not a way to ``leave the HOA'' without moving. The HOA covenants are tied to the property permanently.
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.
The local law supersedes the rules and regulations of the HOA, meaning that HOAs must ensure they are operating under the law.
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.
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.
Before adopting or amending an operating rule or changing the fine schedule, the board must provide general notice of a proposed rule change at least 28 days before making the rule change. (Civ. Code § 4360(a).) The notice must include the text of the proposed rule change and a description of its purpose and effect.
The best way to strategize on short-term rental restrictions is to speak to a board member. At the same time, you can consult the CC&Rs' (Covenants, conditions, and restrictions) advice. Knowing the potential risks of getting around HOA's restrictions is important. And we highly recommend doing it the legal way.
AB1033 is a California state law passed in October 2023 that aims to promote affordable homeownership by allowing ADUs to undergo inium conversion.
New California laws taking effect July 1, 2024 ban hidden fees, limit deposits to one month's rent and double the fines for illegal fireworks.