Navigating the complexities of California Homeowners Association (HOA) laws can be challenging for many homeowners. Whether you’re dealing with disputes over common areas, board member decisions, or understanding your rights under the Davis-Stirling Act, it’s helpful to understand the legal framework that may apply. Homeowners in California have certain rights under HOA regulations, and understanding these protections can be an important first step toward addressing concerns and promoting compliance.
At LS Carlson Law, we focus our practice on California HOA and common interest development matters, including issues arising under the Davis-Stirling Act and related provisions of the California Civil Code.

Overview of California HOA Laws

California homeowners associations are governed by a combination of state laws and the community's governing documents, including Covenants, Conditions, and Restrictions (CC&Rs). These rules regulate everything from exterior modifications to the use of common areas. Whether you live in a condominium or a single-family home within a common interest development (CID), these regulations can affect many aspects of life in your community.

Key Legal Protections for Homeowners

Under the California Civil Code and the Davis-Stirling Act, homeowners in California have specific legal protections. These laws address topics such as transparency, member participation, and management of common areas. For example, homeowners may have rights to access certain HOA records (such as specific financial documents) and to attend and participate in meetings, subject to statutory procedures and any lawful limitations.
Additionally, the federal Fair Housing Act and California’s Fair Employment and Housing Act (FEHA) generally prohibit discriminatory housing practices, which can include certain actions by HOAs related to protected characteristics.

The Role of the HOA Board

The HOA Board of Directors is responsible for administering the association’s affairs consistent with the governing documents and applicable law, which can include enforcing CC&Rs and maintaining common areas. Board members generally have fiduciary duties and are expected to act in good faith and in the best interests of the association.
California HOA statutes are amended from time to time, so boards and members often monitor legal updates that may affect notice requirements, meeting procedures, elections, and financial disclosures.
For example, when boards hold meetings, the Davis-Stirling Act generally requires advance notice and compliance with open meeting rules, with different notice periods for regular and special meetings.

Common Legal Issues in HOAs

Disputes often arise between homeowners and HOA boards over a range of issues, including:
Dispute Resolution: Homeowners and HOAs may need to resolve disagreements through formal or informal methods. California law includes procedures that may apply before a dispute proceeds to litigation. More information is available here: resolving these disputes before escalating.
Special Assessments: HOAs may impose special assessments for major repairs or improvements, subject to statutory limits, notice requirements, and (in some circumstances) member approval.
Collection, Liens, and Foreclosure: If a homeowner becomes delinquent on assessments, an HOA may have collection remedies that can include recording a lien and, in limited circumstances and subject to statutory prerequisites and restrictions, pursuing foreclosure. California law also limits when nonjudicial foreclosure may be used and generally does not allow foreclosure for fines alone.
Exterior Modifications: Changes to a property’s exterior, including landscaping or structural modifications, often require approval from the HOA under the governing documents and applicable architectural standards. Separate requirements may apply under local building and permitting rules.
Election Services and Governance: Elections to select board members must follow Davis-Stirling election procedures, which generally include secret balloting, independent inspector(s) of elections, and record retention requirements. Electronic voting may be permitted in certain circumstances under California law.

Ensuring California HOA Legal Compliance

Both homeowners and HOA boards benefit from understanding and following applicable legal requirements and the association’s governing documents. For example, California law includes financial disclosure and record-keeping requirements, and certain associations must obtain periodic financial reviews under Civil Code requirements.
Proper management of reserve funds and the reserve study—generally required at least every three years—can also be important to an association’s long-term financial planning.

Staying Updated on Recent Changes in California HOA Law

California’s HOA laws are not static. Legislative changes occur regularly, and both homeowners and board members may want to stay informed about updates that affect topics like elections, meeting procedures, records, and financial disclosures.

HOA Compliance Audits: Why They Matter

For both homeowners and HOA boards, staying compliant with California's legal standards is important. Some associations choose to conduct compliance reviews or internal audits of policies and practices to identify potential gaps in areas such as record-keeping, financial reporting, or adherence to governing documents. A review like this may help reduce the risk of disputes and support transparency for residents.

Why Legal Guidance is Essential

Because California HOA laws can be complex and fact-specific, some homeowners and associations choose to consult an attorney to better understand how the Davis-Stirling Act and related laws may apply to a particular situation.

Understanding Your Rights Under California HOA Law

Understanding California HOA laws can help homeowners and boards better navigate common interest development issues. This article is for general educational purposes and is not legal advice.