Homeowners' Associations in California need to be set up as a corporation and therefore must also adhere to the California Corporation Codes. These codes state that all community associations must be operated by a board of directors. Currently, no government agency regulates homeowners' associations.
Homeowners associations (HOAs) in California are governed by a complex network of laws that dictate operations within a community association and impose restrictions to maintain a uniform appearance and high living standards.
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.
For pools built after 2007, two drowning prevention or safety features are required in California, this could be a pool alarm and door alarms, or a mesh pool fence for summer and a mesh safety cover for winter.
HOAs Cannot Regulate Public Streets… An HOA may not interfere with that regulation, except to the extent authorized by law. However, some attorneys believe that the HOA may enforce parking restrictions contained in the governing documents.
Some rules are mandated by state or local laws. For example, California state regulations prohibit pool users and employees from entering the water in a public pool (including an HOA community pool) if they have a communicable disease in an infectious state.
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.
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.
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 ...