Homeowners’ associations are responsible for maintaining shared spaces, enforcing community standards, and collecting dues and assessments to help fund the community’s operations. As such, understanding California HOA laws is important for both landlords and homeowners. To help keep everything organized while navigating HOA rules and local housing laws, landlords can use property management software.
HOAs in California operate under an umbrella of federal and state laws, as well as their own governing documents. These rules help determine how the association manages the HOA and what rights homeowners have within it.
Who Regulates HOAs in California?
In California, most HOAs are governed by the Davis-Stirling Common Interest Development Act, found in California Civil Code §§ 4000-6150. This law lays the primary legal groundwork for shared communities throughout California.
The Davis-Stirling Act applies to communities that include separate ownership units along with shared common elements or association memberships. These communities often include condominiums or townhouse complexes and planned developments.
In addition to federal and state laws, HOAs operate according to their own governing documents. These documents act as a sort of rulebook for the community and usually include:
- Articles of Incorporation
- Bylaws
- Declaration of Covenants, Conditions, and Restrictions
- Additional community rules or policies
Not every association uses the same set of documents, but most HOAs rely on some combination of these materials to help establish their procedures and restrictions.
HOAs in California may also be affected by federal laws, including:
- The Americans with Disabilities Act of 1990
- The Fair Housing Act
- Relevant sections of the Code of Federal Regulations
Additionally, at the state level, HOAs may also fall under statutes such as the California Corporations Code, California Certified Common Interest Development Manager, California Business and Professions Code, and the California Fair Employment and Housing Act.
California law also allows homeowners’ associations to conduct certain member votes using secure electronic voting systems, provided the process meets statutory requirements .
How to Find HOA Regulations in California
HOA governing documents are generally not available to the public in California. Instead, these documents are provided to association members and are usually recorded with the County Recorder to be legally enforceable .
Homeowners usually receive copies of their HOA’s governing documents when they purchase a home in the community. If those documents are lost or outdated, homeowners can request them directly from the HOA board or the property management company that manages the association .
Some HOA-related records may also be available through the California Secretary of State. These records may include public information about the association’s formation, corporate information, or documents related to an HOA’s dissolution.
In some instances, HOA business filings may also appear in the California Uniform Commercial Code (UCC) system. These filings may include financial statements, amendments, or other changes connected to the association’s business activities . You can submit these requests through the Secretary of State’s website or by written request .
HOA Powers in California
California HOA laws give associations several unique powers that allow them to manage the community and enforce its rules.
One of the largest responsibilities of an HOA is maintaining the community’s common areas . Common areas can include shared spaces such as community parks, hallways, parking areas, pools, or landscaping.
To this end, HOAs also have the authority to collect regular assessments from homeowners . These payments are used to help fund the association’s budget and pay for services such as maintenance, insurance, utilities for shared spaces, and property management.
California law also requires periodic inspections of certain exterior elevated elements, such as balconies and walkways in condominium communities, to help identify structural safety issues .
Another common power is the ability to enforce community rules and issue fines as needed . For example, if a homeowner violates part of the association’s governing documents, such as parking rules or maintenance requirements, the HOA may issue warnings or fines as it deems necessary.
In certain situations, an HOA may also place a lien on a property when assessments remain unpaid . If they do not resolve the debt, California HOA laws also allow the association to pursue foreclosure under certain legal conditions.
Can an HOA Impose Fines on a Homeowner in California?
The short answer is: yes. In California, an HOA can impose fines on a homeowner for late payment of assessments or for violating certain community rules. Assessments are typically considered late 15 days past the due date, at which point the association may begin adding additional charges.
There are several ways an HOA may impose fines or penalties when a homeowner falls behind on their payments. These charges can include attorney’s fees, interest on the outstanding balance, and a late charge. Under California law, the late charge generally cannot exceed 10% of the amount owed or $10, whichever is greater, and interest on delinquent assessments cannot exceed 12% annually .
Recent changes to California HOA law also place limits on certain fines. For example, legislation taking effect in 2025 generally caps many rule-violation fines at $100 per violation and requires associations to give homeowners additional opportunities to correct violations before penalties are imposed .
However, California law also places limits on what an HOA can regulate or fine a homeowner for. In many cases, an HOA cannot fine a homeowner for (or generally prohibit) the following :
- Displaying the American flag as long as it follows federal flag display laws
- Displaying religious items on the entry door or entry door frame
- Displaying noncommercial signs, posters, flags, or banners
- Keeping at least one pet
- Installing fire-retardant roofing materials
- Installing satellite dishes or antennas
- Regulating or restricting the use of water according to the California Water Code
- Pressure washing the exterior of an individual unit
- Renting or leasing a portion of an individual unit
- Installing an electric vehicle charging station
- Installing an EV-dedicated time-of-use meter
- Modifying the property to accommodate a disability
- Operating a family day care home
- Installing a solar energy system
With that being said, an HOA’s governing documents may still include reasonable rules about how these items are placed, displayed, or installed, especially if the rules relate to safety or the overall appearance of the community.
Can an HOA Take a Homeowner’s House in California?
In some instances, an HOA in California can foreclose on a home located within the association. Typically, this happens when a homeowner fails to pay required HOA assessments, but the process isn’t always simple.
The process usually begins when the HOA places a lien on the property after dues remain unpaid. If the homeowner does not resolve the debt, the association may move forward with foreclosure to recover the amount owed .
However, foreclosure does not happen automatically. California HOA laws require the association to follow specific procedures before taking that step, including providing notice and giving the homeowner a chance to resolve the debt.
An HOA cannot directly evict a homeowner from their property; however, if the homeowner is renting the property to a tenant, the HOA may be able to take action against the tenant in certain situations.
In addition, many HOAs include rules in their governing documents that address rental properties, such as restrictions on leasing or requirements for registering tenants with the association.
Can an HOA Enter a Homeowner’s Property in California?
California law does not give HOAs an automatic right to enter a homeowner’s property. In most communities, that authority comes from the association’s governing documents, which can allow entry when reasonably necessary to maintain shared portions of the property.
For example, an HOA may need access to certain parts of a unit in order to maintain common elements or shared utilities. While the interior of a unit is typically considered private space, some features connected to the unit may still fall under HOA responsibility.
Common elements can include areas such as:
- Balconies or exterior structures attached to the unit
- Plumbing or utility lines that serve multiple units
- Structural components maintained by the association
Except in emergencies, HOAs generally provide advance notice before entering a homeowner’s property. Many associations give between 1 and 2 weeks’ notice, although the HOA’s governing documents usually outline the exact notice requirement.
Where Do Homeowners File Complaints Against Their HOA in California?
Where a homeowner files a complaint against an HOA in California usually depends on the type of issue involved.
For example, you can file complaints related to HOA fees or collection practices with agencies such as the Federal Trade Commission or the Consumer Financial Protection Bureau. Under the Fair Debt Collection Practices Act, homeowners may also bring a claim in state or federal court, generally within one year of the violation.
If the complaint involves housing discrimination, homeowners can contact the California Civil Rights Department or file a complaint with the U.S. Department of Housing and Urban Development. In some cases, you can also file a private lawsuit in California state or federal court.
For other disputes, such as disagreements about HOA rules, fines, or governing documents, homeowners often pursue the matter through state court in the county where the property is. Depending on the situation, you may bring complaints to the Office of the California Attorney General.
Joining and Leaving an HOA in California
Buying a home in a California HOA community usually means joining the association at the same time, as HOA membership is tied to home ownership. Once the home purchase is complete, the new owner becomes a member of the association and is subject to its governing documents .
Given that the HOA membership is tied to owning the home, leaving the HOA can be complicated. In most cases, a homeowner cannot choose to simply opt out of the HOA while still owning their home. Instead, their membership typically ends when they sell their house, and the HOA membership transfers to the new owner.
On occasion, a homeowner may petition the association to remove their property from the HOA. While this process can happen under California HOA laws, it usually requires approval from the association and sometimes from other members as well, so it is not very common.
How to Dissolve an HOA in California
Dissolving a homeowners association in California usually starts with the HOA’s governing documents. Many associations include procedures in their bylaws or CC&Rs that explain how a dissolution vote should take place and what steps follow.
If the governing documents do not outline a process, California law generally requires approval from all members of the association before the HOA dissolves.
Once the members vote to dissolve the HOA, the association must fulfill its remaining obligations. Most often, this includes settling outstanding debts and transferring any assets owned by the association.
After completing these steps, the HOA files a certificate of dissolution with the California Secretary of State . Filing this document formally ends the association’s legal existence.
California HOA Laws FAQs
Can an HOA restrict rentals in California?
Yes, many California HOAs place limits on rentals. These rules are in the association’s CC&Rs.
Are HOA board meetings required to be open to homeowners in California?
In most cases, yes. Under the Davis-Stirling Interest Development Act, HOA board meetings must usually be open to the members of the association. Homeowners are typically allowed to attend and observe these meetings; however, board members may handle certain matters in private.
How much can an HOA fine a homeowner in California?
HOAs can impose fines and fees for community violations or unpaid assessments; however, these fines must follow procedures outlined in California HOA laws. Recent changes to California HOA laws place limits on certain penalties and require associations to allow homeowners to address the violation before issuing a fine.
Sources
- 1 Ca. Civ. Code § 5200-5240
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(1) Any financial document required to be provided to a member… (a) The association shall make available association records
for the time periods and within the timeframes provided in Section
5210 for inspection and copying by a member of the association, or
the member’s designated representative.
Source Link - 2 Documents Governing Homeowners Associations
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CC&Rs and Bylaws differ in two major ways. First the CC&Rs define the way in which the association will be governed and provide for solutions in the event of certain events such as fire or disaster. The Bylaws give greater definition to the items that are mentioned in the CC&Rs. And second, the CC&Rs are the only document that is recorded (with the County Recorder) with the title when the property is sold and the document that binds the homeowners together.
Source Link - 3 Ca. Com. Code § 22600
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(i) “UCC record” means an initial financing statement, an amendment, an assignment, a continuation, a termination or a information statement and shall not be deemed to refer exclusively to paper or paper–based writings…
Source Link - 4 Ca. Com. Code §§ 22600.2, 22600.8
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UCC search requests may be delivered to the Secretary of State’s office by any of the means by which UCC records may be delivered to the Secretary of State’s office… Search requests may be submitted directly to the Secretary of State’s office using the UCC information management system which can be accessed through the Secretary of State’s website.
Source Link - 5 Ca. Civ. Code § 4775
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(a) (1) Except as provided in paragraph (3), unless otherwise provided in the declaration of a common interest development, the association is responsible for repairing, replacing, and maintaining the common area…
Source Link - 6 Ca. Civ. Code § 5600
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(a) Except as provided in Section 5605, the association shall levy regular and special assessments sufficient to perform its obligations under the governing documents and this act.
Source Link - 7 Ca. Corp. Code § 7140
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Subject to any limitations contained in the articles or bylaws and to compliance with other provisions of this division and any other applicable laws, a corporation, in carrying out its activities, shall have all of the powers of a natural person, including, without limitation, the power to… (g) Levy dues, assessments, and admission and transfer fees.
Source Link - 8 Ca. Civ. Code § 5705
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(c) The decision to initiate foreclosure of a lien for delinquent assessments that has been validly recorded shall be made only by the board and may not be delegated to an agent of the association. The board shall approve the decision by a majority vote of the directors in an executive session. The board shall record the vote in the minutes of the next meeting of the board open to all members. The board shall maintain the confidentiality of the owner or owners of the separate interest by identifying the matter in the minutes by the parcel number of the property, rather than the name of the owner or owners. A board vote to approve foreclosure of a lien shall take place at least 30 days prior to any public sale.
Source Link - 9 Ca. Civ. Code § 5650
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(b) Regular and special assessments levied pursuant to the governing documents are delinquent 15 days after they become due… (1) Reasonable costs incurred in collecting the delinquent assessment, including reasonable attorney’s fees. (2) A late charge not exceeding 10 percent of the delinquent assessment or ten dollars ($10), whichever is greater…(3) Interest on all sums imposed in accordance with this section, including the delinquent assessments, reasonable fees and costs of collection, and reasonable attorney’s fees, at an annual interest rate not to exceed 12 percent, commencing 30 days after the assessment becomes due, unless the declaration specifies the recovery of interest at a rate of a lesser amount, in which case the lesser rate of interest shall apply.
Source Link - 10 Ca. Civ. Code § 4700-4753
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This article includes provisions that limit the authority of an association or the governing documents to regulate the use of a member’s separate interest. Nothing in this article is intended to affect the application of any other provision that limits the authority of an association to regulate the use of a member’s separate interest, including, but not limited to, the following provisions… relating to the display of signs… relating to solar energy systems… relating to the modification of property to accommodate a disability… relating to the operation of a family day care home…
Source Link - 11 Member Defined
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As provided for in Civil Code § 4160, membership in a California homeowners or condominium association is coupled with an ownership interest in a common interest development. This requirement is frequently mirrored in an association’s governing documents, i.e., members must be owners of real property (lots or units) subject to the association’s CC&Rs. In short, a person must be on title to be a member…
Source Link - 12 Ca. Corp. Code § 8724
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Without the approval of 100 percent of the members, any contrary provision in this part or the articles or bylaws notwithstanding, so long as there is any lot, parcel, area, apartment, or unit for which an owners’ association, created in connection with any of the forms of development referred to in Section 11004.5 of the Business and Professions Code, is obligated to provide management, maintenance, preservation, or control, the following shall apply: (a) The owners’ association or any person acting on its behalf shall not do either of the following: (1) Transfer all or substantially all of its assets. (2) File a certificate of dissolution.
Source Link - 13 Ca. Civ. Code § 5855
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(a) When the board is to meet to consider or impose discipline upon a member, or to impose a monetary charge as a means of reimbursing the association for costs incurred by the association in the repair of damage to common area and facilities caused by a member or the member’s guest or tenant, the board shall notify the member in writing, by either personal delivery or individual delivery pursuant to Section 4040, at least 10 days prior to the meeting.
(b) The notification shall contain, at a minimum, the date, time, and place of the meeting, the nature of the alleged violation for which a member may be disciplined or the nature of the damage to the common area and facilities for which a monetary charge may be imposed, and a statement that the member has a right to attend and may address the board at the meeting. The board shall meet in executive session if requested by the member.
(c) If the board imposes discipline on a member or imposes a monetary charge on the member for damage to the common area and facilities, the board shall provide the member a written notification of the decision, by either personal delivery or individual delivery pursuant to Section 4040, within 15 days following the action.
(d) A disciplinary action or the imposition of a monetary charge for damage to the common area shall not be effective against a member unless the board fulfills the requirements of this section.
Source Link - 14 Ca. Civ. Code § 5551
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(a) For purposes of this section, the following definitions apply:
(1) “Associated waterproofing systems” include flashings, membranes, coatings, and sealants that protect the load-bearing components of exterior elevated elements from exposure to water.
(2) “Exterior elevated elements” mean the load-bearing components together with their associated waterproofing system.
(3) “Load-bearing components” means those components that extend beyond the exterior walls of the building to deliver structural loads to the building from decks, balconies, stairways, walkways, and their railings, that have a walking surface elevated more than six feet above ground level, that are designed for human occupancy or use, and that are supported in whole or in substantial part by wood or wood-based products.
(4) “Statistically significant sample” means a sufficient number of units inspected to provide 95 percent confidence that the results from the sample are reflective of the whole, with a margin of error of no greater than plus or minus 5 percent.
(5) “Visual inspection” means inspection through the least intrusive method necessary to inspect load-bearing components, including visual observation only or visual observation in conjunction with, for example, the use of moisture meters, borescopes, or infrared technology.
(b) (1) At least once every nine years, the board of an association of a condominium project shall cause a reasonably competent and diligent visual inspection to be conducted by a licensed structural or civil engineer or architect of a random and statistically significant sample of exterior elevated elements for which the association has maintenance or repair responsibility.
(2) The inspection shall determine whether the exterior elevated elements are in a generally safe condition and performing in accordance with applicable standards.
(c) Prior to conducting the first visual inspection, the inspector shall generate a random list of the locations of each type of exterior elevated element. The list shall include all exterior elevated elements for which the association has maintenance or repair responsibility. The list shall be provided to the association for future use.
(d) The inspector shall perform the visual inspections in accordance with the random list generated pursuant to subdivision (c). If during the visual inspection the inspector observes building conditions indicating that unintended water or water vapor has passed into the associated waterproofing system, thereby creating the potential for damage to the load-bearing components, then the inspector may conduct a further inspection. The inspector shall exercise their best professional judgment in determining the necessity, scope, and breadth of any further inspection.
(e) Based upon the inspector’s visual inspections, further inspection, and construction and materials expertise, the inspector shall issue a written report containing the following:
(1) The identification of the building components comprising the load-bearing components and associated waterproofing system.
(2) The current physical condition of the load-bearing components and associated waterproofing system, including whether the condition presents an immediate threat to the health and safety of the residents.
(3) The expected future performance and remaining useful life of the load-bearing components and associated waterproofing system.
(4) Recommendations for any necessary repair or replacement of the load-bearing components and associated waterproofing system.
(5) On the first page of the report, all of the following:
(A) The date of inspection.
(B) The total number of units in the condominium project.
(C) The total number of units in the condominium project with exterior elevated elements.
(D) The total number of exterior elevated elements in the condominium project.
(E) The total number of exterior elevated elements inspected pursuant to subdivision (b).
(F) As of the date of inspection in subparagraph (A), the total number of inspected exterior elevated elements identified as posing an immediate threat to the safety of the occupants, pursuant to subdivision (g), and the number of units impacted.
(G) A certification that the inspector has conducted a visual inspection and evaluated a statistically significant sample of the exterior elevated elements within the condominium project, as required by subdivision (b).
(f) The report issued pursuant to subdivision (e) shall be stamped or signed by the inspector, presented to the board, and incorporated into the study required by Section 5550.
(g) (1) If, after inspection of any exterior elevated element, the inspector advises that the exterior elevated element poses an immediate threat to the safety of the occupants, the inspector shall provide a copy of the inspection report to the association immediately upon completion of the report, and to the local code enforcement agency within 15 days of completion of the report. Upon receiving the report, the association shall take preventive measures immediately, including preventing occupant access to the exterior elevated element until repairs have been inspected and approved by the local enforcement agency.
(2) Local enforcement agencies shall have the ability to recover enforcement costs associated with the requirements of this section from the association.
(h) Each subsequent visual inspection conducted under this section shall commence with the next exterior elevated element identified on the random list and shall proceed in order through the list.
(i) The first inspection shall be completed by January 1, 2025, and then every nine years thereafter in coordination with the reserve study inspection pursuant to Section 5550. All written reports shall be maintained for two inspection cycles as records of the association.
(j) (1) The association shall be responsible for complying with the requirements of this section.
(2) The continued and ongoing maintenance and repair of the load-bearing components and associated waterproofing systems in a safe, functional, and sanitary condition shall be the responsibility of the association as required by the association’s governing documents.
(k) The inspection of buildings for which a building permit application has been submitted on or after January 1, 2020, shall occur no later than six years following the issuance of a certificate of occupancy. The inspection shall otherwise comply with the provisions of this section.
(l) This section shall only apply to buildings containing three or more attached multifamily dwelling units.
(m) The association board may enact rules or bylaws imposing requirements greater than those imposed by this section.
(n) A local government or local enforcement agency may enact an ordinance or other rule imposing requirements greater than those imposed by this section.
(Amended by Stats. 2025, Ch. 516, Sec. 5. (SB 410) Effective January 1, 2026.)
Source Link - 15 Ca. Corp. Code § 7513
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(a) Subject to subdivision (e), and unless prohibited in the articles or bylaws, any action which may be taken at any regular or special meeting of members may be taken without a meeting if the corporation distributes a written ballot to every member entitled to vote on the matter.Unless otherwise provided by the articles or bylaws and if approved by the board of directors, that ballot and any related material may be sent by electronic transmission by the corporation (Section 20) and responses may be returned to the corporation by electronic transmission to the corporation (Section 21). That ballot shall set forth the proposed action, provide an opportunity to specify approval or disapproval of any proposal, and provide a reasonable time within which to return the ballot to the corporation.
(b) Approval by written ballot pursuant to this section shall be valid only when the number of votes cast by ballot within the time period specified equals or exceeds the quorum required to be present at a meeting authorizing the action, and the number of approvals equals or exceeds the number of votes that would be required to approve at a meeting at which the total number of votes cast was the same as the number of votes cast by ballot.
(c) Ballots shall be solicited in a manner consistent with the requirements of subdivision (b) of Section 7511 and Section 7514. All such solicitations shall indicate the number of responses needed to meet the quorum requirement and, with respect to ballots other than for the election of directors, shall state the percentage of approvals necessary to pass the measure submitted. The solicitation must specify the time by which the ballot must be received in order to be counted.
(d) Unless otherwise provided in the articles or bylaws, a written ballot may not be revoked.
(e) Directors may be elected by written ballot under this section, where authorized by the articles or bylaws, except that election by written ballot may not be authorized where the directors are elected by cumulative voting pursuant to Section 7615.
(f) When directors are to be elected by written ballot and the articles or bylaws prescribe a nomination procedure, the procedure may provide for a date for the close of nominations prior to the printing and distributing of the written ballots.
Source Link
