Understanding Your Rights as a Homeowner in an HOA: Insights from an Experienced HOA Lawyer

As a homeowner in a California common interest development managed by a homeowner association (HOA), it's important to understand your rights and responsibilities. HOAs have governing documents and rules that address how the community is maintained, and failure to comply may result in discipline such as fines or other actions, consistent with the association’s governing documents and California law. But as a homeowner, you also have legal rights. Here's what you need to know about common homeowner rights in an HOA under California’s Davis-Stirling Common Interest Development Act.

The Right to Vote
One of the most important rights that homeowners have in an HOA is the right to vote. In California, homeowners generally have the right to vote in director elections and on certain matters that require member approval under the governing documents or California law (for example, amendments to the CC&Rs). Homeowners’ ability to vote on day-to-day rules and regulations may be more limited, because boards often adopt or amend operating rules through a notice-and-comment process rather than a membership vote.

The Right to Review Records
Homeowners also have the right to review certain HOA records, including many financial records and other documents, subject to statutory procedures, reasonable restrictions, and specific exceptions. This can help homeowners understand how the HOA is spending association funds and stay informed about association decisions. In many situations, homeowners may also review approved minutes from board meetings, although some matters may be discussed in executive session and handled differently under California law.

The Right to Due Process
As a homeowner, you also have the right to due process in association discipline. In general, before an HOA imposes discipline such as a fine or suspension of certain privileges for an alleged rules violation, California law requires notice and an opportunity for a hearing consistent with statutory procedures.

LS Carlson Law is a California law firm with more than 15 years of experience in HOA-related matters. This article is provided for general educational information and is not legal advice.