Bylaws Condo Association With Hoa In Santa Clara
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FAQ
The new HOA law in California, passed in September 2024, includes amendments to the Davis-Stirling Act of 1985. These amendments make it possible for HOAs to conduct elections online rather than through costly and time-consuming paper balloting.
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 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.
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.
What expenses are typically included in HOA fees? Common expenses covered by HOA fees may include landscaping, maintenance of amenities, utilities, trash services, pest control, security, insurance, administrative fees, reserve funds, and legal fees.
Because of this, California law gives HOA boards some latitude in adjusting HOA assessments. Civil Code Section 5605(b) allows boards to increase regular assessments up to 20% over the prior year and to impose a special assessment in an amount equal to up to 5% of the HOA's budget gross expenditures for the year.
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.
Many HOAs maintain a website where governing documents are posted. To find HOA rules and regulations online: Navigate to the HOA's official website. Look for sections labeled “Documents,” “Governing Documents,” or “Rules and Regulations.”
Garages must be closed and locked unless attended by a Resident. No excessive noise in the garage area between p.m. and a.m. No commercial business shall be conducted in the garages. Light automotive repair is permitted inside of your garage space only, not in parking spaces.
