Filing a lawsuit against an HOA is typically done in small claims court. The first step is to determine how much compensation is required. Small claims is bound by a limit for damages, and any cases seeking damages above this amount must either waive the excess or file in regular court instead.
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.
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.
Like any corporation, an HOA may be dissolved. But as discussed in this article, dissolving the legal entity that manages the common interest development will not disband the common interest development or get rid of the Declaration of Covenants, Conditions and Restrictions (“CC&Rs”).
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.
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.
§5605(b) of the California Civil Code provides, in part, that notwithstanding more restrictive limitations placed on an association's board of directors by the association's governing documents (meaning no matter what an association's CC&Rs say), the board “may not impose a regular assessment that is more than 20 ...
Garages must be closed and locked unless attended by a Resident. No excessive noise in the garage area between p.m. and a.m. No commercial business shall be conducted in the garages. Light automotive repair is permitted inside of your garage space only, not in parking spaces.
In Sino-Vietnamese, Hoa means "flower" and is also the name of citizens of Vietnam with Han Chinese ancestry. Similarly, in Chinese Hoa is a surname that can mean "blossom," "flowery," "splendid," and "harmonious," depending on how it's written or pronounced.