Rules For Condo Board Members In San Bernardino
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FAQ
Generally, HOAs and condo associations are considered reporting companies by FinCEN and need to file BOI reports.
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.
Many states have laws that protect board members from personal liability, but only to a certain extent. For example, California's Civil Code Section 1365.7 states that volunteer association board members aren't personally liable for damages beyond what the HOA's insurance covers.
Declaration of Covenants, Conditions and Restrictions, or “CC&Rs” The Declaration of Covenants, Conditions and Restrictions, or “CC&Rs”, is the primary and most important governing document for a inium or planned development, and is required for all iniums and planned developments.
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.
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.
Term limits are a crucial aspect of HOA governance that dictate the duration board members can serve. California law does not uniformly mandate term limits for HOA board members; rather, term limits, if any, are generally outlined in an HOA's governing documents.
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.
In general, California's HOA laws protect volunteer board members from personal liability. (Civ. Code §5800; Corp. Code §5047.5(b).)
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.
