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.
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.
A proper HOA request letter should include: Clear headers with date and contact information. The property address and owner details. A specific subject line identifying the request type. A concise project description. Relevant timeline and completion dates. Supporting documentation references.
Email Discussions Outside of Board Meetings are Permitted Although the Open Meeting Act prohibits the board from acting on items of Association business outside a board meeting…it does not prohibit the board from discussing the items outside a meeting.” (LNSU #1, LLC v. Alta Del Mar Coastal Community Assn (2023).)
Though corporate status is not required, associations incorporate to avail themselves of certain legal protections afforded to corporations under California law.
What Happens if Nobody Runs for the Board - Coast Management of California. Directors of HOA boards continue to serve until they are replaced at the next election. If no one runs for the board, existing board members can serve in perpetuity.
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.
Though corporate status is not required, associations incorporate to avail themselves of certain legal protections afforded to corporations under California law.
Here are 6 of the most common items that are typically covered: Utilities. Maintenance and repairs. HOA insurance. HOA reserve funds. Property management staffing. Professional property management.
Most HOAs in California are set up as nonprofit mutual benefit corporations, but some may be structured differently.