Condominium Bylaws And Declarations In San Bernardino
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An association may opt to amend or restate its CC&Rs to reflect changes in the law, to address circumstances in the development that may not have existed when it was originally formed, or to modify the rights and responsibilities of the association and its members.
CC&Rs are contractual agreements that establish rules, restrictions, and obligations for property owners within a particular community or development. They aim to maintain property values, protect the rights and interests of homeowners, and ensure harmony.
Association directors have many responsibilities. These include adopting a budget, authorizing year-end disclosures, pursuing delinquent assessments, conducting proper elections and enforcing the governing documents, especially the CC&Rs (“CC&Rs”) and Operating Rules.
If you recently purchased a home and did not receive a copy of your CC&Rs, contact your title company for assistance. You can also obtain a copy of your CC&Rs by visiting one of our office locations or sending us a copy order. If you have questions or need further assistance, call our office at (916) 874-6334.
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.
An association's CC&Rs shall be enforceable equitable servitudes unless unreasonable. (Civ. Code § 5975.) Use restrictions in a recorded declaration are afforded a "presumption of validity" and enforced unless found unreasonable under a deferential standard.
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.
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.
