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 San Jose
Category:
State:
Multi-State
City:
San Jose
Control #:
US-00444
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Word;
Rich Text
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FAQ
This can range from balance sheets, income and expense statements, and executed contracts, to agendas and minutes of meetings of the board and membership. You have the right to inspect these records. A formal request in writing can be made to the HOA to inspect or copy any of the specified association records.
In general, California's HOA laws protect volunteer board members from personal liability. (Civ. Code §5800; Corp. Code §5047.5(b).)
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.
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.
In summary, there is no case where HOA rules override state law. Considering the hierarchy, federal, state, and local laws always take precedence over an association's rules. Board members should have a solid grasp of these laws. In doing so, they can protect the HOA and mitigate the risk of liability.
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.
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.
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.
AB1033 is a California state law passed in October 2023 that aims to promote affordable homeownership by allowing ADUs to undergo inium conversion.
