Not legal advice
This guide is general information for California community associations, based on the cited statutes as of the last-reviewed date. It is not legal advice — statutes change and your recorded declaration and bylaws control the specifics. Consult a licensed California attorney for your situation.
Which statutes govern California associations
The Davis-Stirling Common Interest Development Act, Cal. Civ. Code §§4000–6150, is California's primary statute for common interest developments. It covers governing documents, board and member meetings, elections, assessments, architectural review, records, and dispute resolution. Where the CC&Rs conflict with Davis-Stirling, the statute generally controls.
Most California associations are also nonprofit mutual benefit corporations under Cal. Corp. Code §§7110–8910. Corporations Code §7231 sets the director standard of care — good faith, in the corporation's best interest, with reasonable inquiry — and the business-judgment rule generally protects volunteer directors who meet it (see also Civ. Code §5800 on volunteer-director liability limits).
Open meetings and secret-ballot elections
The Common Interest Development Open Meeting Act (Civ. Code §§4900–4955) requires generally 4 days' notice with an agenda for open board meetings and 2 days for executive sessions (§4920). Members may attend open meetings and speak during open forum (§4925); the board generally may not act on items not on the posted agenda (§4930), and executive session is limited to specific topics such as litigation, contracts, discipline, and personnel (§4935).
Elections are tightly regulated by Civ. Code §§5100–5145: director elections, recalls, assessment increases requiring member approval, and governing-document amendments must use secret, double-envelope ballots administered by an independent inspector of elections (§5110), under adopted election rules (§5105), with at least a 30-day voting period.
Assessments, liens, and collections
Civ. Code §5600 requires the association to levy assessments sufficient to perform its obligations. Under §5605, without membership approval the board may raise regular assessments up to 20% over the prior fiscal year and levy special assessments up to 5% of the year's budgeted gross expenses — but only if the required annual budget report was distributed. Larger increases need approval by a majority of a quorum of members.
Delinquent-assessment collection is governed by Civ. Code §§5650–5740: late charges and interest at §5650, the assessment lien at §5675, and foreclosure limits at §5720 — the association generally may not foreclose until the delinquent amount reaches $1,800 or is more than 12 months old.
Escrow and resale disclosures
When a separate interest sells, Civ. Code §4525 requires the owner to provide the buyer specified association documents — governing documents, the annual budget report and policy statement, delinquency statements, and construction-defect notices among them. §4528 prescribes the standardized fee form, and the association must provide the documents within 10 days of a request (§4530), charging only its actual cost.
Condominium associations also carry the balcony-inspection duty of Civ. Code §5551 (SB 326): a licensed structural engineer or architect must visually inspect a statistically significant sample of load-bearing exterior elevated elements and their waterproofing at least every 9 years, with findings incorporated into the reserve study.
Common questions about California HOA law
How much can a California HOA raise dues without a member vote?
Up to 20% over the prior fiscal year for regular assessments, plus special assessments up to 5% of budgeted gross expenses — and only if the annual budget report was distributed (Cal. Civ. Code §5605). Larger increases need a member vote.
How much notice do California board meetings require?
Generally 4 days' notice with an agenda for open board meetings, and 2 days for executive sessions (Cal. Civ. Code §4920). The board generally may not act on items not on the posted agenda (§4930).
Can a California HOA foreclose over a small delinquency?
No — foreclosure of an assessment lien is generally barred until the delinquency reaches $1,800 or is more than 12 months old (Cal. Civ. Code §5720).
What must a seller give a buyer in a California HOA?
The documents specified in Civ. Code §4525 — governing documents, the annual budget report and policy statement, delinquency statements, and more. The association must provide them within 10 days of a request, at actual cost (§§4528–4530).