Hoa Bylaws Template Without In Santa Clara
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FAQ
In some states, such as California, HOA bylaws are considered public record and must be made available upon request.
"Public records" are defined as "any writing containing information relating to the conduct of the public's business prepared, owned, used or retained by any state or local agency regardless of physical form or characteristics."
California Secretary of State Filings This process legalizes the HOA and creates a public record of its existence. The filings include not only the Articles of Incorporation but can also encompass records of financial statements and any potential dissolution of the HOA.
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.
In some states, such as California, HOA bylaws are considered public record and must be made available upon request. In other states, such as Virginia, HOA bylaws are not considered public record and therefore are not required to be made publicly available.
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.
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 winding up process includes, among other things, giving notice of the dissolution to creditors of the HOA (Corporations Code § 8618), paying all known liabilities and debts (Corporations Code §§ 8713, 8714), selling assets (Corporations Code § 8710), and distributing any remaining assets to homeowners.
AB1033 is a California state law passed in October 2023 that aims to promote affordable homeownership by allowing ADUs to undergo inium conversion.
