Do you understand potential HOA violations?

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Do you understand potential HOA violations?

On Behalf of Gregory M. Garrison, APC | Nov 11, 2021 | HOA Disputes

When homeowners encounter problems with their homeowners association, they may want to take action to resolve the problem. Several different legal acts cover homeowners associations. People may want to understand more about the requirements that HOAs have to meet, as well as the nature of HOA violations.

The State of California Department of Justice says that HOAs have to follow the guidelines laid out in the Davis-Stirling Act, as well as the covenants of the association. These guidelines explain the obligations of the HOA and the ways in which they can conduct neighborhood business. However, the California Corporations Code also lays out requirements that HOAs have to meet. As they consider their options, homeowners should consider whether their problem stems from a violation of one of the tenets of the California Corporations Code.

Record-keeping violations

HOAs have to ensure that they have a clear record-keeping system. At each meeting, someone from the association has to record the proceedings and the decisions that the HOA reached. Additionally, the HOA has to keep a list of all the members.

The association also has to make sure that records are readily available to the homeowners. Residents should be able to look through the books, as well as access the addresses and names of the association members. Additionally, the HOA has to write an annual report and distribute it to the homeowners.

Meeting violations

HOAs also have to meet the guidelines regulating meetings. The association has to have meetings on a regular basis and make sure that the residents know the time and date. Sometimes, the residents may want the HOA to have a special meeting to discuss specific matters. The HOA has to schedule this meeting when at least 5% of the homeowners request it.

People may want to make sure that their HOA meets the requirements of the California Corporations Code. This code typically governs HOAs established as non-profit corporations. While many associations fall under this category, people should double-check the status of their own HOA.