California Articles of Incorporation of Homeowners Association

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Description

A nonprofit corporation is one that is organized for charitable or benevolent purposes. These corporations include certain hospitals, universities, churches, and other religious organiza¬tions. A nonprofit entity does not have to be a nonprofit corporation, however. Nonprofit corporations do not have shareholders, but have members or a perpetual board of directors or board of trustees.

A Home Owners Association is an organization of homeowners of a particular subdivision, condominium or planned unit development. The purpose of a home owners association is to provide a common basis for preserving maintaining and enhancing their homes and property. Most homeowners' associations are non-profit corporations. They are subject to state statutes that govern non-profit corporations and homeowner associations. The associations provide services, regulate activities, levy assessments, and impose fines. Usually, each member of a homeowners association pays assessments. Those assessments or dues are used to pay for expenses that arise from having and maintaining common property.

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FAQ

Even though every HOA is different, most have similar legal powers under law. These laws allow them to enforce rules and regulations, collect fees and dues, and impose fines.

Within the articles of incorporation, you will need to list the name of your corporation, describe the operations of the business, include an agent for service, and mention if your corporation will issue stock.

Annual Registration: In California, incorporated homeowners associations must file two forms each year to register and perpetuate its existence: (i) it must file a Form SI-CID with the Secretary of State annually within 90 days of the anniversary of the filing of its Articles of Incorporation; and (ii) it must file a ...

Remedies include: voiding the results of any election of directors or action taken by the board of directors; injunctive relief requiring the association to conduct new votes, hold new meetings, or distribute documents; monetary awards for damages or ?restitution? (for, as an example, the improper use of association ...

A new Civil Code Section 4739 will make unenforceable any provisions of HOA governing documents that prohibit owners from renting a portion of the owner-occupied space for a period of time of more than 30 days.

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.

Though corporate status is not required, associations incorporate to avail themselves of certain legal protections afforded to corporations under California law.

The California Bureau of Real Estate administers the law. Homeowners' Guide to HOA Laws in California - The guide helps homeowners better understand their legal rights and responsibilities as members of an association by explaining essential laws directly affecting the functions of California associations.

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California Articles of Incorporation of Homeowners Association