This By-Laws document contains the following information: the name and location of the corporation, the shareholders, and the duties of the officers.
Property Owners Association Bylaws With Secretary Of State In Sacramento
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State:
Multi-State
County:
Sacramento
Control #:
US-00444
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Word;
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FAQ
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.
Department of Real Estate and HOAs The DRE is a licensing and regulatory agency empowered to discipline real estate brokers and agents. The DRE is also involved in overseeing developers of common interest developments. Once a developer turns over control of an association to its members, DRE's oversight ends.
Filing a lawsuit against an HOA is typically done in small claims court. The first step is to determine how much compensation is required. Small claims is bound by a limit for damages, and any cases seeking damages above this amount must either waive the excess or file in regular court instead.
In general, California's HOA laws protect volunteer board members from personal liability. (Civ. Code §5800; Corp. Code §5047.5(b).)
Though corporate status is not required, associations incorporate to avail themselves of certain legal protections afforded to corporations under California law.
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.
The number is usually five. Very small associations sometimes call for three directors, and very large associations may have seven or more.
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.
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.