California Rules and Regulations of an Association of Owners of a Condominium Association

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US-03330BG
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Description

A condominium association is an association of unit owners in a condominium building. The association elects a board of directors, which handles the maintenance and repair of common areas, disputes among unit owners, and enforcement of rules and regulations, and condominium fees. The rules and regulations are normally adopted by the board of directors of the association.

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FAQ

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.

In other words, HOA rules cannot override state or federal laws, nor can they contradict the city or county ordinances that govern the area in which the HOA is located.

HOMEOWNERS' ASSOCIATIONS. The Davis-Stirling Common Interest Development Act (Cal. Civ. Code §§4000 ? 6150), governs HOAs in California.

In general, California's HOA laws protect volunteer board members from personal liability. (Civ. Code §5800; Corp. Code §5047.5(b).)

Federal Laws - In addition to state law regulations, the federal government has laws that govern the operation and management of associations in California. The Davis-Stirling Common Interest Development Act, Cal.

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.

Ing to California Civil Code 4350, associations can enforce practically any rule they want to, so long as they follow these guidelines: It's in writing. The board has the power to make the decision. It doesn't conflict with a local, state or federal law.

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California Rules and Regulations of an Association of Owners of a Condominium Association