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If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.

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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.
The main set of rules of a condo association is found in a governing document known as the Declaration of Covenants, Conditions and Restrictions (CC&Rs). The CC&Rs primarily set guidelines for how you can utilize the building or complex, including the common areas and perhaps your individual inium.
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.
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.
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 bylaws go into detail about individual roles, terms, how to elect the President, and may list board powers one by one. The Declarations define the use and occupancy rules of the units and common areas. Condo bylaws outline the remedies for breach of these rules.
You can contact your local government office for assistance. For example, you can visit the California Attorney General's HOA Consumer Information page for more details. Online Databases: There are online databases and resources that compile HOA documents.
As a condo owner, you hold exclusive ownership rights to your individual unit, allowing you to occupy, modify, or sell it. These rights extend to the interior space of your unit, subject to the governing documents of the inium association.
The short answer is yes – but there are important legal requirements you must follow before filing a lawsuit. At Perez Mayoral, P.A., our experienced HOA dispute attorneys regularly guide homeowners through conflicts with their associations.