Condominium Bylaws Condo Association With Board Members In Los Angeles
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FAQ
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.
In general, California's HOA laws protect volunteer board members from personal liability. (Civ. Code §5800; Corp. Code §5047.5(b).)
Generally, a condo owner in California is responsible for the interior of their unit. The Condo Association (or HOA), is responsible for shared areas and the structure of the building.
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.
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.
While you can propose rule changes through proper channels, there's no legal way to simply ignore or “get around” the HOA's covenants, conditions, and restrictions (CC&Rs) that you agreed to when purchasing in the community.
An HOA has the authority to enforce the rules and regulations of the community using the community rules, or “bylaws and covenants.” These rules are considered “agreed upon” since homeowners approve them through board-elected representatives.
The new law expands Civil Code section 4775 and adds a new sub-section “c” to Civil Code section 5550 and states that unless an HOA's governing documents state otherwise, HOAs will be responsible for necessary maintenance, repairs, or replacement following any gas, heat, water, or electrical service interruption ...
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.