Rules For Condo Board Members In San Diego
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FAQ
In general, California's HOA laws protect volunteer board members from personal liability. (Civ. Code §5800; Corp. Code §5047.5(b).)
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.
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.
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.
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 Davis-Stirling Act in California spells out the rules for open meetings, which greatly affects when and how HOA boards can have closed meetings. Section 4900 of the Act says that all HOA board meetings must be open to all association members, with a few exceptions for private sessions.
Email Discussions Outside of Board Meetings are Permitted Although the Open Meeting Act prohibits the board from acting on items of Association business outside a board meeting…it does not prohibit the board from discussing the items outside a meeting.” (LNSU #1, LLC v. Alta Del Mar Coastal Community Assn (2023).)
While the intention is admirable, most experts do not recommend having informal board meetings. If board members have difficulty making decisions on the spot, they can move the item for discussion at the next meeting. This will give them time to consider the topic and come up with the right questions.
