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.
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.
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.
"Owning:" Why Condo Owners Don't Own the Land. One of the main differences between buying a house versus buying a condo is that condo owners are not landowners. A condo owner is purchasing an "interest" in the condo association that runs the day-to-day operations of the building, similar to a homeowners association.
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.
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.
Additionally, condo owners often don't own the land their unit is built on—they lease it from the condo association—which can lead to different restrictions regarding renovations or modifications.
Living Wage Calculation for San Diego County, California 1 ADULT2 ADULTS (BOTH WORKING) 0 Children1 Child Living Wage $30.71 $29.06 Poverty Wage $7.52 $6.41 Minimum Wage $16.50 $16.50
With a high down payment, low property taxes and cheaper insurance, the mortgage payments on a $500,000 home may be as low as $3,045. To adhere to the 28/36 rule, your gross monthly income would need to be $10,876, which is a little more than $130,000 annually.