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Protecting your rights against HOA restrictions

On Behalf of | Nov 12, 2021 | HOA Disputes

If you live in a master-planned community, chances are you have a California homeowner’s association. This entity offers benefits, such as maintaining the streets, clubhouse and other public areas. However, it might also become the source of disputes and disagreements.

According to the IRS, a real estate developer forms a homeowner’s association to own and maintain the community’s common areas. It enforces covenants and preserves the appearance of the area within its boundaries. If you believe your HOA no longer acts in the community’s best interest, you can take action.

Amend community rules

The Declaration is the primary source of HOA power. It also allows for the amendment of those powers by obtaining the unanimous consent of the community. Modifications may include limiting the authority of the HOA to levy fines for specific violations and eliminating the HOA. Amendment provisions vary, and the association may fight this step.

Remove board members

You can remove a board member with enough community votes. The process begins with the circulation of a petition calling for a special meeting to vote on the removal of the board member within 30 days. The precise number of votes needed depends on the community size.

Restrict HOA power

California legislation places restrictions on HOAs regardless of the community documents, such as the following:

  • Owning pets
  • Preventing homeowners from gardening
  • Prohibiting rental homes
  • Limiting property use and architectural control, including solar panels, satellite dishes

Homeowner and condominium associations may enact restrictions that protect the accessibility and aesthetics of the community. However, if the restrictions infringe upon free speech, the display of religious items and various other areas, you may have a case against your HOA.