Hoa Rules For Common Area In San Jose
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FAQ
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.
This is a fairly simple process. Simply create a document that describes the changes you want to make, and submit it to your HOA board of directors. Once the board of directors has an idea of what changes are necessary, they draft those changes and propose them to the rest of the board.
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.”
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.
Sample Parking Policy The vehicles must be parked in unit owners' assigned or parking space. All vehicles must have current state license plates and registration and be in running condition. They must be kept clean and shall display the association's parking permit at all times.
HOAs Cannot Regulate Public Streets… An HOA may not interfere with that regulation, except to the extent authorized by law. However, some attorneys believe that the HOA may enforce parking restrictions contained in the governing documents.
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.
