How to Handle HOA Disputes in San Diego County

2025 brings significant updates to California HOA legislation, affecting how homeowners associations (HOAs) operate and the rights of homeowners. Key new HOA laws in California address election procedures, board qualifications, transparency, and certain sustainability-related issues. Recent legislation, including AB 2159, AB 2460, and SB 900, introduces changes such as electronic voting in HOA elections, revised quorum requirements, and clarified maintenance responsibilities.

As a California law firm that represents homeowners in HOA disputes, LS Carlson Law monitors these statutory developments. Understanding how the new rules operate is important for homeowners seeking to stay informed about their rights and their association’s obligations.

Key Objectives Of The New Laws

The new HOA laws in California for 2025 are intended to improve HOA governance by:
- Modernizing governance procedures, including the use of electronic voting.
- Encouraging homeowner participation through revised quorum and election processes.
- Increasing transparency and accountability in association operations.
- Aligning certain HOA practices with broader California policy goals related to housing and sustainability.

Impact On Homeowner Associations

Community associations may need to update governing documents, election rules, and internal procedures to reflect these statutory changes. Timely compliance can help reduce procedural disputes and improve administrative efficiency.

Election Procedure Modifications

Electronic Voting (AB 2159)

AB 2159 permits associations to conduct elections using electronic ballots, subject to specific statutory requirements:
- Members must be given notice and the opportunity to opt in or opt out of electronic voting.
- Certain nomination procedures may differ when electronic voting is used.
- Associations must provide advance notice consistent with the Davis-Stirling Act.

Revised Quorum Rules (AB 2460)

AB 2460 modifies quorum requirements for certain reconvened elections:
- Reconvened elections may proceed with a reduced quorum if statutory conditions are met.
- Members must receive proper notice before the reconvened meeting.

Improved Notices and Nomination Procedures

Recent legislation emphasizes clearer election notices and standardized nomination processes to reduce confusion and contested outcomes.

Impact On Governance Efficiency

These election-related changes are intended to streamline HOA operations by reducing prolonged election delays and improving participation rates.

Board Member Qualifications

AB 1764 reinforces statutory requirements related to director qualifications, including:
- Ongoing membership eligibility.
- Consistent application of qualification and disqualification criteria.
- Disqualification in circumstances defined by statute, such as loss of ownership interest or certain assessment delinquencies.

New Requirements for Directors

Under AB 1764, associations must apply qualification rules uniformly and document compliance with statutory requirements.

Training And Educational Resources

Educational resources, including publicly available Davis-Stirling Act materials, may assist directors and homeowners in understanding statutory obligations. Some associations also seek guidance from California HOA attorneys regarding compliance questions.

Record-Keeping And Transparency Enhancements

Recent amendments clarify and expand record-related obligations, including:
- Availability of certain election materials before voting periods.
- Clear documentation of reconvened meetings.
- Compliance with applicable federal reporting laws where required.

Improved Notice Delivery Methods

Associations may use electronic notice delivery if statutory consent requirements are met. Specific notice rules apply to elections, meetings, and electronic voting procedures.

Requirements for Documentation Practices

Associations are expected to:
- Maintain accurate records of election rules and policy changes.
- Document compliance with applicable statutes, including SB 900 and AB 1764.
- Preserve records in a manner consistent with homeowner inspection rights under California law.

Ensuring Compliance with Transparency Standards

Compliance involves both meeting statutory minimums and responding appropriately to member requests for information as required by the Davis-Stirling Act.

Compliance With Existing Legislation

In addition to new statutes, associations must continue complying with existing legal frameworks governing common interest developments.

Adhering to the Davis-Stirling Act

The Davis-Stirling Common Interest Development Act remains the primary statutory authority governing HOA elections, meetings, records, and homeowner rights. Recent legislation builds upon, rather than replaces, these foundational requirements.

Understanding the Corporate Transparency Act

Some HOAs may be subject to the federal Corporate Transparency Act (CTA), which requires certain entities to report beneficial ownership information to the U.S. Treasury. Applicability depends on the association’s structure and statutory exemptions.

Avoiding Legal Challenges

Associations that timely update procedures, follow notice requirements, and document compliance are generally better positioned to reduce disputes related to elections, maintenance obligations, and record access.

Focus On Sustainability And Inclusivity

California law continues to limit HOA restrictions related to sustainability measures and housing accessibility, including:
- Solar energy system installations.
- Electric vehicle charging infrastructure.
- Certain water conservation practices.
- Accessibility accommodations required by law.

Accommodating Solar Energy Technology

HOAs may not impose restrictions that significantly increase the cost of, or reduce the efficiency of, solar energy systems, subject to statutory standards.

EV Charging Infrastructure Standards

Civil Code §4745 governs the installation of electric vehicle charging stations in common interest developments, including allocation of responsibility and safety requirements.

Promoting Sustainable Development Practices

Recent legislation encourages compliance with state conservation policies, including limits on enforcement related to drought conditions and nonfunctional turf.

Implications For Homeowners

These statutory changes may affect how homeowners participate in elections, access information, and address maintenance or governance concerns within their communities.

Rights and Protections Under New Laws

Depending on the circumstances, homeowners may benefit from:
- Expanded voting options.
- Clearer maintenance timelines for certain service interruptions.
- Improved access to election and association records.
- Statutory protections related to sustainable property improvements.

Importance of Staying Informed

Homeowners can stay informed by reviewing association notices, attending meetings, and consulting publicly available California HOA law resources.

Resources for Understanding Changes

Common sources of information include:
- California legislative materials.
- Davis-Stirling Act reference resources.
- Educational materials published by California-based HOA law firms.
- HOA management guidance materials.

Navigating 2025 HOA Law Changes

The 2025 California HOA legislation reflects continued emphasis on modernization, transparency, and statutory compliance. Homeowners and associations alike benefit from understanding how these changes apply within their specific communities.