First, the homeowner is entitled to notice at least 10 days before a board meeting at which the matter will be reviewed. Id. Read More: Homeowners Association in California: An Overview. Code §4280. According to the website of the State of California Department of Justice, the Office of the Attorney General does not handle most homeowners association complaints. Civ. Cal. A stock cooperative is a corporation formed for the primary purpose of owning real estate, and shareholders in the corporation receive an exclusive occupancy right in part of the co-op’s property. Under California law, the board of directors cannot raise the monthly assessments by more than 20 percent annually, unless 50 percent or more of the homeowners approve the increase. Although the FHA does not expressly address age-based discrimination, courts reviewing the statute have consistently interpreted nearly any discrimination relating to age (including discrimination against children, families with children, or pregnant women) as unlawful “familial status” discrimination. Importantly, the Davis-Stirling limits the power of an HOA to (among other things) restrict: Prohibit the rental of homes in the community (§4740), or. The law specifies that no governing documents passed or amended after January 1, 2010, can prohibit a homeowner from keeping one pet as long as it is not dangerous to others. Thus, if an HOA has a fitness center that non-residents can access, the HOA will likely be subject to the ADA. The California legislature has sought to balance competing community interests and homeowner property rights by allowing the enforcement of rental restrictions already in place when a property is purchased, while “grandfathering” the right to rent of owners who already held title to a property when an HOA rental restriction was adopted. Attn: Public Inquiry Unit Cal. See Four Brothers Homes at Heartland Condominium II, et al., v. Gerbino, 691 N.Y.S.2d 114 (1999). However, reasonable limitations (but not outright prohibitions) are generally enforceable, even against owners whose interests pre-date the adoption of such limitations. §3604. Although the courts are not regulatory agencies, they can be used to sort out the legal rights and duties of parties, provide injunctive relief and award damages. Civ. Code §1940.10. The idea behind condominiums or other common interest developments is that each unit owner must give up a certain degree of freedom of choice in order to promote the health, happiness and peace of mind of the majority of the unit homeowners. It also has the legal authority to fine homeowners who don't follow the rules and CC&Rs, place liens on the interests of those who don't pay assessments or fines, and/or take them to court. In California, an HOA board can purchase insurance coverage for directors and officers to protect board members from personal liability for negligent or inappropriate actions taken on behalf of the association. Similarly, associations cannot prohibit or unreasonably restrict homeowners’ use of clotheslines and drying racks in their backyards. However, the FDCPA does apply when an HOA refers delinquent assessments for collection by a law firm or collection agency. The SCRA protects service members while they are on active duty, and the law’s protections extend to reservists and national guard members who have been activated for 30 or more consecutive days. The Act permits those developing a CID to create a homeowner association to govern the development. California Homeowners Associations (HOAs) first became individually regulated in 1963 with the creation of the California Condominium Act. 2d 1052 (D.Minn 1999); Franceschi v. Mautner-Glick Corp., 22 F. Supp. If the board decides to issue a fine to the homeowner, it is obligated to give her notice in writing within 15 days of the ruling. Public streets are not common elements, and therefore an HOA cannot regulate parking on a public street. The most common situation in which an HOA is subject to the ADA is when it has facilities that amount to public accommodations. Code §§4000 – 6150, governs homeowners’ associations, condominiums and stock cooperative associations in California. Cal. §12111(5)(A). Code §5210(a). Code §4705. Whether or not incorporated, community associations are granted the powers of non-profit mutual benefit associations under the California Corporations Code, §7140, including the powers to adopt bylaws and enter into contracts. Code §5975; Laguna Royale Owners Assn. However, for California homeowners who want a better understanding of their legal rights and responsibilities as members of an HOA or condo association, a review of Davis-Stirling is a great place to start. 2507 (2015). HOA prohibitions and unreasonable restrictions against personal agriculture are void and unenforceable in California. The Servicemembers Civil Relief Act (SCRA), 50 U.S.C. Thus, an association cannot charge a servicemember a rate of over 6% if the assessments came due before the servicemember’s period of service. SF Gate: What Governs California Homeowners Associations? The Americans With Disabilities Act (ADA), 42 U.S.C.A. The Davis-Stirling Act exempts volunteer HOA board members from personal liability if they act in good faith and in the best interest of the homeowners association and also exercise reasonable care. To understand what authority a homeowners association (HOA) has to regulate behavior in a residential development in California, it is necessary to understand how this association is set up and the laws that regulate it, primarily the Davis-Stirling Common Interest Development Act found at California Civil Code Section 4000. §1692b-f. California has its own state-level debt collection law known as the Rosenthal Fair Debt Collection Practices Act, Cal. 42 U.S.C. Cal. Many also offer landscaping and security services. The Bureau is not a government agency, law firm, or attorney and cannot provide you with any kind of legal advice or legal recommendations. Veh. However, balconies, railings, awnings, and other parts of a building cannot qualify as clotheslines or drying racks. Among many other things, the law sets forth standards for board elections, association and board meetings, transfer of property interests, elections and voting within communities, budgeting and assessments, record keeping and inspection, and association reporting.