California HOA & Condo Laws

California's Davis-Stirling Common Interest Development Act (Civil Code §4000-6150) is the primary statute governing HOAs and condominiums. It covers transfer disclosures, reserve fund requirements, assessment collection, board elections, and owner rights. California has some of the most detailed HOA disclosure requirements in the country.

Recent Changes — California 1 verified change on record
Jun 27, 2026 New subsection added Cal. Civ. Code §4525

SB 410 (Grayson, 2025) amended Cal. Civ. Code §4525 to add a new required item to the resale disclosure package: a copy of the most recent §5551 exterior elevated element (balcony/deck) inspection report. The CA resale-certificate compliance profile (ca_civ_4525) gained a new disclosure item for this report. Effective January 1, 2026 — a current-year statutory requirement.

All California changes →
Assessment Collection Compare across states →

How HOAs and condominium associations charge, collect, and enforce regular and special assessments. Covers dues billing, delinquency notices, late fees, lien filing, judicial and non-judicial foreclosure, statute of limitations, and …

Cal. Civ. Code §4525

Documents to be Provided to Prospective Purchasers — Davis-Stirling Act →

Establishes the core transfer disclosure documents that the owner of a separate interest must provide to a prospective purchaser before transfer of title. Section was …

Statute text — california.public.law →
Cal. Civ. Code §5100

Elections by secret ballot →

Requires that director elections, recalls, governing-document amendments, grants of exclusive use of common area, and assessment votes be conducted by secret ballot pursuant to procedures …

Statute text — california.public.law →
Cal. Civ. Code §5300

Annual Budget Report — Required Disclosures →

Requires the association to distribute an annual budget report 30 to 90 days before the end of its fiscal year. Subsection (b)(1)-(b)(12) enumerates the required …

Statute text — california.public.law →
Cal. Civ. Code §5310

Annual Policy Statement — Required Disclosures →

Requires the board to distribute an annual policy statement 30 to 90 days before the end of its fiscal year. Subsection (a)(1)-(a)(12) enumerates the required …

Official text →
Cal. Civ. Code §5500

Board Review of Financial Statements →

Unless the governing documents impose more stringent standards, the board must review, on a monthly basis, six items: a current reconciliation of the operating accounts …

Official text →
Cal. Civ. Code §5570

Assessment and Reserve Funding Disclosure Summary →

Mandates the statutorily-prescribed "Assessment and Reserve Funding Disclosure Summary" form that must accompany the annual budget report (§5300). Subsection (a) sets out the form template …

Official text →
Cal. Civ. Code §5600

Assessment levy — Authority and limits →

Authorizes the association to levy regular and special assessments sufficient to perform its obligations under the governing documents and Davis-Stirling. The assessments must be levied …

Official text →
Cal. Civ. Code §5605

Assessment increase limits — 20% / 5% caps without member approval →

Limits the board's authority to raise assessments without member approval. The board cannot increase regular assessments more than 20% over the preceding fiscal year, or …

Official text →
Cal. Civ. Code §5650

Owner personal obligation for assessments →

Establishes that a regular or special assessment is a debt of the owner of the separate interest at the time the assessment or other sum …

Official text →
Cal. Civ. Code §5660

Pre-lien notice — 30-day certified mail requirement →

Requires the association to deliver, by certified mail, a detailed pre-lien notice at least 30 days before recording an assessment lien. The notice must itemize …

Official text →
Cal. Civ. Code §5670

Lien recordation — Notice of delinquent assessment →

Specifies the contents and recordation procedure for the notice of delinquent assessment that creates the lien. The notice must include itemized amounts, the name and …

Official text →
Cal. Civ. Code §5675

Notice of delinquent assessment — Content and recordation →

Establishes the content requirements for the recorded notice of delinquent assessment that creates the Davis-Stirling assessment lien. The notice must include the principal assessment amount, …

Official text →
Cal. Civ. Code §5700

Assessment lien — Priority →

Establishes the priority of the assessment lien. The lien is generally subordinate to first deeds of trust and senior mortgages recorded before the lien notice, …

Official text →
Cal. Civ. Code §5705

Foreclosure decision — Executive session vote required →

Requires that the decision to foreclose on an assessment lien be made by the board in executive session by majority vote, with the decision recorded …

Official text →
Cal. Civ. Code §5720

Foreclosure threshold — $1,800 or 12 months delinquent →

Bars associations from foreclosing on an assessment lien unless the delinquency exceeds $1,800 in past-due principal (excluding late charges, fees, and interest), or the assessments …

Official text →
Case Law · California Court of Appeal, Fourth District

Affan v. Portofino Cove Homeowners Ass'n →

The Lamden rule of judicial deference does not shield a board that fails to act on a known and recurring common-area defect. Where unit owners …

Decided Oct 29, 2010
Case Law · California Supreme Court

Lamden v. La Jolla Shores Clubdominium Homeowners Ass'n →

Established the California rule of judicial deference to community association board decisions. When a board exercises discretion among reasonable alternatives for ordinary common-area maintenance — …

Decided Aug 9, 1999
Reserve Requirements Compare across states →

Statutory requirements for reserve studies, reserve funding, component inventory, funding plans, and board fiduciary duty regarding major repair and replacement obligations.

Cal. Civ. Code §4525

Documents to be Provided to Prospective Purchasers — Davis-Stirling Act →

Establishes the core transfer disclosure documents that the owner of a separate interest must provide to a prospective purchaser before transfer of title. Section was …

Statute text — california.public.law →
Cal. Civ. Code §5300

Annual Budget Report — Required Disclosures →

Requires the association to distribute an annual budget report 30 to 90 days before the end of its fiscal year. Subsection (b)(1)-(b)(12) enumerates the required …

Statute text — california.public.law →
Cal. Civ. Code §5305

Annual Financial Review — CPA Threshold →

Requires associations with gross income exceeding $75,000 to have their annual financial statements reviewed by a licensee of the California Board of Accountancy in accordance …

Statute text — california.public.law →
Cal. Civ. Code §5502

Reserve account transfers — Board authorization required →

Restricts the use of reserve funds. Transfers from the reserve account require board authorization in advance. Reserve funds may only be used to defray the …

Official text →
Cal. Civ. Code §5550

Reserve Study Requirements →

Associations must conduct a visual site inspection of major components every three years, prepare or update a reserve study, and disclose the reserve funding plan …

Official text →
Cal. Civ. Code §5551

Inspection of exterior elevated elements — SB 326 →

Enacted by SB 326 in 2019 after the 2015 Berkeley balcony collapse that killed six people. Requires condominium associations of buildings with three or more …

Official text →
Cal. Civ. Code §5560

Reserve disclosure summary — Annual delivery →

Requires an annual reserve summary be distributed to members. The summary reports current reserve balances, components inventory with remaining useful life and replacement cost, percent-funded …

Official text →
Cal. Civ. Code §5570

Assessment and Reserve Funding Disclosure Summary →

Mandates the statutorily-prescribed "Assessment and Reserve Funding Disclosure Summary" form that must accompany the annual budget report (§5300). Subsection (a) sets out the form template …

Official text →
Cal. Prob. Code §15000

California Trust Law — Applicability →

The opening section of the California Trust Law (Probate Code §§15000–19403). Defines the scope of California's adoption of trust principles based on the Restatement (Second) …

Official text →
Cal. Prob. Code §16000

Duty of trustee to administer trust →

Establishes the foundational duty of a California trustee to administer the trust according to its terms and applicable law. Where the trust agreement is silent, …

Official text →
Case Law · California Court of Appeal, Fourth District

Affan v. Portofino Cove Homeowners Ass'n →

The Lamden rule of judicial deference does not shield a board that fails to act on a known and recurring common-area defect. Where unit owners …

Decided Oct 29, 2010
Case Law · California Supreme Court

Lamden v. La Jolla Shores Clubdominium Homeowners Ass'n →

Established the California rule of judicial deference to community association board decisions. When a board exercises discretion among reasonable alternatives for ordinary common-area maintenance — …

Decided Aug 9, 1999
Meetings and Notice Compare across states →

Board and owner meeting requirements — open meeting mandates, advance notice periods, agenda requirements, minimum owner comment periods, executive session limits, remote participation, and materials access rules.

Cal. Civ. Code §4920

Board meeting notice →

Sets notice requirements for board meetings. Members must receive notice of regular and special board meetings at least four days in advance, and notice of …

Statute text — california.public.law →
Cal. Civ. Code §4925

Open meetings — Member attendance and comment →

Establishes the open meeting rule for board meetings. Members must be permitted to attend any meeting of the board except executive sessions, and must be …

Statute text — california.public.law →
Cal. Civ. Code §4950

Board meeting minutes — Availability to members →

Requires board meeting minutes (or draft minutes, or a summary) for any non-executive-session board meeting to be made available to members within 30 days of …

Statute text — california.public.law →
Cal. Civ. Code §5200

Member records — Definitions →

Defines "association records" and "enhanced association records" for purposes of the member inspection right. Association records include financial statements, board meeting minutes, contracts, and governing …

Statute text — california.public.law →
Cal. Civ. Code §5705

Foreclosure decision — Executive session vote required →

Requires that the decision to foreclose on an assessment lien be made by the board in executive session by majority vote, with the decision recorded …

Official text →
Elections and Voting Compare across states →

Director elections, board member removal votes, governing document amendments, secret ballot requirements, quorum rules, proxy voting, electronic voting, and inspector of election requirements.

Cal. Civ. Code §4900

Elections — General application →

Opens the elections article of the Davis-Stirling Act. Governs election, removal, and recall of board directors; amendment of governing documents; grant of exclusive use of …

Statute text — california.public.law →
Cal. Civ. Code §5100

Elections by secret ballot →

Requires that director elections, recalls, governing-document amendments, grants of exclusive use of common area, and assessment votes be conducted by secret ballot pursuant to procedures …

Statute text — california.public.law →
Cal. Civ. Code §5105

Election operating rules →

Specifies what election operating rules must cover, including candidate qualifications, candidate access to association media, nomination procedures, voting tabulation, and rules against disqualifying candidates based …

Statute text — california.public.law →
Cal. Civ. Code §5110

Inspector of elections — Independence and duties →

Requires the association to appoint one or more independent inspectors of elections. Inspectors cannot be members of the board, candidates for the board, related to …

Statute text — california.public.law →
Cal. Civ. Code §5115

Secret ballot procedure — Double envelope and tabulation →

Sets the double-envelope secret ballot procedure. The ballot is mailed inside an envelope marked with the voter's identification, sealed inside a second envelope containing only …

Statute text — california.public.law →
Cal. Civ. Code §5125

Custody of ballots after tabulation →

Specifies who holds the sealed ballots, voter envelopes, voter list, proxies, and tally sheets after the inspector of elections completes the count. The inspector retains …

Statute text — california.public.law →
Cal. Corp. Code §7512

Quorum of Members — Mutual Benefit Corporations →

Default quorum for member meetings of nonprofit mutual benefit corporations — the corporate form used by the majority of California HOAs and condominium associations. Sets …

Official text →
Records Access and Inspection Compare across states →

Unit owner rights to inspect association records — financial statements, meeting minutes, governing documents, contracts, and correspondence. Response timelines, allowable copying fees, and executive session materials exceptions.

Cal. Civ. Code §4950

Board meeting minutes — Availability to members →

Requires board meeting minutes (or draft minutes, or a summary) for any non-executive-session board meeting to be made available to members within 30 days of …

Statute text — california.public.law →
Cal. Civ. Code §5125

Custody of ballots after tabulation →

Specifies who holds the sealed ballots, voter envelopes, voter list, proxies, and tally sheets after the inspector of elections completes the count. The inspector retains …

Statute text — california.public.law →
Cal. Civ. Code §5200

Member records — Definitions →

Defines "association records" and "enhanced association records" for purposes of the member inspection right. Association records include financial statements, board meeting minutes, contracts, and governing …

Statute text — california.public.law →
Cal. Civ. Code §5205

Records production — Timing →

Sets statutory production deadlines for member records requests. Records from the current fiscal year must be produced within 10 business days of a written request; …

Statute text — california.public.law →
Cal. Civ. Code §5210

Records — Retention periods →

Specifies retention periods for different categories of association records. Most operational records must be retained for at least three fiscal years; financial records and tax …

Statute text — california.public.law →
Enforcement and Fines Compare across states →

Association authority to enforce governing documents through fines, suspension of privileges, and legal action. Covers fine limits, hearing requirements, notice-and-opportunity procedures, and limitations on enforcement authority.

Cal. Civ. Code §5200

Member records — Definitions →

Defines "association records" and "enhanced association records" for purposes of the member inspection right. Association records include financial statements, board meeting minutes, contracts, and governing …

Statute text — california.public.law →
Cal. Civ. Code §5310

Annual Policy Statement — Required Disclosures →

Requires the board to distribute an annual policy statement 30 to 90 days before the end of its fiscal year. Subsection (a)(1)-(a)(12) enumerates the required …

Official text →
Cal. Civ. Code §5551

Inspection of exterior elevated elements — SB 326 →

Enacted by SB 326 in 2019 after the 2015 Berkeley balcony collapse that killed six people. Requires condominium associations of buildings with three or more …

Official text →
Cal. Civ. Code §5570

Assessment and Reserve Funding Disclosure Summary →

Mandates the statutorily-prescribed "Assessment and Reserve Funding Disclosure Summary" form that must accompany the annual budget report (§5300). Subsection (a) sets out the form template …

Official text →
Cal. Civ. Code §5700

Assessment lien — Priority →

Establishes the priority of the assessment lien. The lien is generally subordinate to first deeds of trust and senior mortgages recorded before the lien notice, …

Official text →
Cal. Civ. Code §5850

Schedule of monetary penalties — Notice and hearing →

Requires associations to adopt and distribute a written schedule of monetary penalties (fines) for governing-document violations, and to provide written notice with an opportunity for …

Official text →
Cal. Civ. Code §5928

Alternative dispute resolution — Prerequisite to civil action →

Requires that before filing an enforcement action regarding the governing documents, declaration, or Davis-Stirling, the moving party offer to participate in alternative dispute resolution (ADR). …

Official text →
Cal. Civ. Code §5975

CC&Rs enforceable as equitable servitudes — Nahrstedt reasonableness standard →

The cornerstone enforcement statute of Davis-Stirling. CC&Rs in the declaration are enforceable as equitable servitudes that run with the land, binding both the original owners …

Official text →
Cal. Prob. Code §15000

California Trust Law — Applicability →

The opening section of the California Trust Law (Probate Code §§15000–19403). Defines the scope of California's adoption of trust principles based on the Restatement (Second) …

Official text →
Case Law · California Court of Appeal, Second District

Watts v. Oak Shores Community Ass'n →

A homeowners association may adopt reasonable rules and impose differential fees on short-term rental owners to cover the additional costs imposed by short-term rentals. The …

Decided Mar 24, 2015
Case Law · California Supreme Court

Nahrstedt v. Lakeside Village Condominium Ass'n, Inc. →

Use restrictions in a condominium project's recorded declaration are presumptively reasonable and enforceable as equitable servitudes under former Civ. Code §1354 (now §5975). The reasonableness …

Decided Sep 2, 1994
Assembly Bill · 2025

AB 130 — Housing →

California AB 130 (2025) is the omnibus housing budget trailer bill (Stats. 2025, ch. 22), effective June 30, 2025. Among its Civil Code amendments, it …

Signed Jun 30, 2025
Senate Bill · 2023

SB 770 — Health care: unified health care financing →

California SB 770 (2023–24) directs state agencies to pursue waiver discussions with the federal government toward a unified health care financing system. It contains no …

Signed Oct 7, 2023
Assembly Bill · 2022

AB 1410 — Common interest developments: governing documents and member communications →

Protected owner free-speech rights within California HOAs. Restricted associations from prohibiting members from using social media or online resources to discuss issues of concern. Authorized …

Signed Sep 30, 2022
Resale Disclosure Compare across states →

Resale certificate and transfer disclosure requirements at the time of unit sale. Covers disclosure timing, content, fee caps, delivery deadlines, buyer rescission rights, and association liability for inaccurate information.

Cal. Civ. Code §4525

Documents to be Provided to Prospective Purchasers — Davis-Stirling Act →

Establishes the core transfer disclosure documents that the owner of a separate interest must provide to a prospective purchaser before transfer of title. Section was …

Statute text — california.public.law →
Cal. Civ. Code §4525-4530

Transfer Disclosure — Davis-Stirling Act (legacy range descriptor) →

Legacy logical-range descriptor covering the Davis-Stirling Act transfer disclosure provisions. The operative statutes are §4525 (documents to be provided), §4528 (charges-for-documents form), and §4530 (delivery …

Official text →
Cal. Civ. Code §4528

Charges for Documents Form (Section 4525 disclosures) →

Prescribes the form used to disclose the charges for the documents required to be provided under §4525. Section was substantially restructured by SB 410 (Stats. …

Statute text — california.public.law →
Cal. Civ. Code §4530

Delivery Deadline, Fees, and Cancellation for §4525 Disclosures →

Establishes the 10-day delivery deadline for §4525 disclosure documents, governs the fees an association may charge (actual cost only, no statutory cap), and sets the …

Statute text — california.public.law →
Cal. Civ. Code §5300

Annual Budget Report — Required Disclosures →

Requires the association to distribute an annual budget report 30 to 90 days before the end of its fiscal year. Subsection (b)(1)-(b)(12) enumerates the required …

Statute text — california.public.law →
Cal. Civ. Code §5570

Assessment and Reserve Funding Disclosure Summary →

Mandates the statutorily-prescribed "Assessment and Reserve Funding Disclosure Summary" form that must accompany the annual budget report (§5300). Subsection (a) sets out the form template …

Official text →
Insurance Requirements Compare across states →

Statutory insurance requirements for HOAs and condominiums — property insurance, liability coverage, directors and officers, fidelity bonds, flood insurance, and cyber liability. Coverage minimums, deductible assessments, and claims procedures.

Cal. Civ. Code §4525-4530

Transfer Disclosure — Davis-Stirling Act (legacy range descriptor) →

Legacy logical-range descriptor covering the Davis-Stirling Act transfer disclosure provisions. The operative statutes are §4525 (documents to be provided), §4528 (charges-for-documents form), and §4530 (delivery …

Official text →
Cal. Civ. Code §5300

Annual Budget Report — Required Disclosures →

Requires the association to distribute an annual budget report 30 to 90 days before the end of its fiscal year. Subsection (b)(1)-(b)(12) enumerates the required …

Statute text — california.public.law →
Cal. Civ. Code §5551

Inspection of exterior elevated elements — SB 326 →

Enacted by SB 326 in 2019 after the 2015 Berkeley balcony collapse that killed six people. Requires condominium associations of buildings with three or more …

Official text →
Fiduciary Duty Compare across states →

Board member fiduciary obligations — duty of care, duty of loyalty, business judgment rule, conflict of interest disclosure, and personal liability exposure. Statutory duties imposed on directors and officers of …

Cal. Civ. Code §5300

Annual Budget Report — Required Disclosures →

Requires the association to distribute an annual budget report 30 to 90 days before the end of its fiscal year. Subsection (b)(1)-(b)(12) enumerates the required …

Statute text — california.public.law →
Cal. Civ. Code §5500

Board Review of Financial Statements →

Unless the governing documents impose more stringent standards, the board must review, on a monthly basis, six items: a current reconciliation of the operating accounts …

Official text →
Cal. Corp. Code §5231

Director duties and liabilities — Standard of care →

Codifies the fiduciary standard of care for directors of California nonprofit public benefit corporations. Although §5231 is the public benefit corporation section, identical or near-identical …

Official text →
Cal. Corp. Code §7110

Nonprofit Mutual Benefit Corporations — Formation →

The opening section of the California Nonprofit Mutual Benefit Corporation Law (Corp Code §§7110–8910). Establishes the formation and powers of nonprofit mutual benefit corporations — …

Official text →
Cal. Prob. Code §16000

Duty of trustee to administer trust →

Establishes the foundational duty of a California trustee to administer the trust according to its terms and applicable law. Where the trust agreement is silent, …

Official text →
Case Law · California Court of Appeal, Fourth District

Affan v. Portofino Cove Homeowners Ass'n →

The Lamden rule of judicial deference does not shield a board that fails to act on a known and recurring common-area defect. Where unit owners …

Decided Oct 29, 2010
Case Law · California Supreme Court

Lamden v. La Jolla Shores Clubdominium Homeowners Ass'n →

Established the California rule of judicial deference to community association board decisions. When a board exercises discretion among reasonable alternatives for ordinary common-area maintenance — …

Decided Aug 9, 1999
Governance Documents Compare across states →

The foundational documents governing common interest communities — declarations (CC&Rs), bylaws, articles of incorporation, rules and regulations, architectural guidelines, and resolutions. Document hierarchy, amendment procedures, and recording requirements.

Cal. Civ. Code §4275

Petition to reduce supermajority vote required to amend declaration →

Authorizes an HOA or any member to petition the superior court for an order reducing the supermajority vote threshold required by the declaration to amend …

Statute text — california.public.law →
Cal. Civ. Code §4525

Documents to be Provided to Prospective Purchasers — Davis-Stirling Act →

Establishes the core transfer disclosure documents that the owner of a separate interest must provide to a prospective purchaser before transfer of title. Section was …

Statute text — california.public.law →
Cal. Civ. Code §4525-4530

Transfer Disclosure — Davis-Stirling Act (legacy range descriptor) →

Legacy logical-range descriptor covering the Davis-Stirling Act transfer disclosure provisions. The operative statutes are §4525 (documents to be provided), §4528 (charges-for-documents form), and §4530 (delivery …

Official text →
Cal. Civ. Code §5305

Annual Financial Review — CPA Threshold →

Requires associations with gross income exceeding $75,000 to have their annual financial statements reviewed by a licensee of the California Board of Accountancy in accordance …

Statute text — california.public.law →
Cal. Civ. Code §5310

Annual Policy Statement — Required Disclosures →

Requires the board to distribute an annual policy statement 30 to 90 days before the end of its fiscal year. Subsection (a)(1)-(a)(12) enumerates the required …

Official text →
Cal. Civ. Code §5500

Board Review of Financial Statements →

Unless the governing documents impose more stringent standards, the board must review, on a monthly basis, six items: a current reconciliation of the operating accounts …

Official text →
Cal. Civ. Code §5975

CC&Rs enforceable as equitable servitudes — Nahrstedt reasonableness standard →

The cornerstone enforcement statute of Davis-Stirling. CC&Rs in the declaration are enforceable as equitable servitudes that run with the land, binding both the original owners …

Official text →
Cal. Corp. Code §5110

Nonprofit Public Benefit Corporations — Formation →

The opening section of the California Nonprofit Public Benefit Corporation Law (Corp Code §§5110–6910). Governs corporations organized for charitable or public-benefit purposes — the corporate …

Official text →
Cal. Corp. Code §5231

Director duties and liabilities — Standard of care →

Codifies the fiduciary standard of care for directors of California nonprofit public benefit corporations. Although §5231 is the public benefit corporation section, identical or near-identical …

Official text →
Cal. Corp. Code §7110

Nonprofit Mutual Benefit Corporations — Formation →

The opening section of the California Nonprofit Mutual Benefit Corporation Law (Corp Code §§7110–8910). Establishes the formation and powers of nonprofit mutual benefit corporations — …

Official text →
Cal. Corp. Code §7512

Quorum of Members — Mutual Benefit Corporations →

Default quorum for member meetings of nonprofit mutual benefit corporations — the corporate form used by the majority of California HOAs and condominium associations. Sets …

Official text →
Cal. Corp. Code §9110

Nonprofit Religious Corporations — Formation →

The opening section of the California Nonprofit Religious Corporation Law (Corp Code §§9110–9690). Governs corporations organized to operate as religious entities — churches, religious orders, …

Official text →
Case Law · California Court of Appeal, Second District

Watts v. Oak Shores Community Ass'n →

A homeowners association may adopt reasonable rules and impose differential fees on short-term rental owners to cover the additional costs imposed by short-term rentals. The …

Decided Mar 24, 2015
Case Law · California Court of Appeal, Fourth District

Affan v. Portofino Cove Homeowners Ass'n →

The Lamden rule of judicial deference does not shield a board that fails to act on a known and recurring common-area defect. Where unit owners …

Decided Oct 29, 2010
Case Law · California Court of Appeal, Fourth District

Mission Shores Ass'n v. Pheil →

An association seeking to amend its CC&Rs may petition the court under Civ. Code §1356 (now §4275) for reduction of the supermajority approval threshold required …

Decided Aug 27, 2008
Case Law · California Supreme Court

Lamden v. La Jolla Shores Clubdominium Homeowners Ass'n →

Established the California rule of judicial deference to community association board decisions. When a board exercises discretion among reasonable alternatives for ordinary common-area maintenance — …

Decided Aug 9, 1999
Case Law · California Supreme Court

Nahrstedt v. Lakeside Village Condominium Ass'n, Inc. →

Use restrictions in a condominium project's recorded declaration are presumptively reasonable and enforceable as equitable servitudes under former Civ. Code §1354 (now §5975). The reasonableness …

Decided Sep 2, 1994
Amendment Procedures Compare across states →

How HOAs amend their governing documents — voting thresholds, recording requirements, notice procedures, and limitations on what can be amended. Covers both CC&R amendments and bylaw changes.

Cal. Civ. Code §4275

Petition to reduce supermajority vote required to amend declaration →

Authorizes an HOA or any member to petition the superior court for an order reducing the supermajority vote threshold required by the declaration to amend …

Statute text — california.public.law →
Case Law · California Court of Appeal, Fourth District

Mission Shores Ass'n v. Pheil →

An association seeking to amend its CC&Rs may petition the court under Civ. Code §1356 (now §4275) for reduction of the supermajority approval threshold required …

Decided Aug 27, 2008
Foreclosure and Liens Compare across states →

Assessment lien filing, priority, extinguishment, and foreclosure procedures. Minimum thresholds for foreclosure, pre-foreclosure notice requirements, mediation mandates, super-priority provisions, and the interaction between HOA liens and mortgage liens.

Cal. Civ. Code §5660

Pre-lien notice — 30-day certified mail requirement →

Requires the association to deliver, by certified mail, a detailed pre-lien notice at least 30 days before recording an assessment lien. The notice must itemize …

Official text →
Cal. Civ. Code §5670

Lien recordation — Notice of delinquent assessment →

Specifies the contents and recordation procedure for the notice of delinquent assessment that creates the lien. The notice must include itemized amounts, the name and …

Official text →
Cal. Civ. Code §5675

Notice of delinquent assessment — Content and recordation →

Establishes the content requirements for the recorded notice of delinquent assessment that creates the Davis-Stirling assessment lien. The notice must include the principal assessment amount, …

Official text →
Cal. Civ. Code §5700

Assessment lien — Priority →

Establishes the priority of the assessment lien. The lien is generally subordinate to first deeds of trust and senior mortgages recorded before the lien notice, …

Official text →
Cal. Civ. Code §5705

Foreclosure decision — Executive session vote required →

Requires that the decision to foreclose on an assessment lien be made by the board in executive session by majority vote, with the decision recorded …

Official text →
Cal. Civ. Code §5720

Foreclosure threshold — $1,800 or 12 months delinquent →

Bars associations from foreclosing on an assessment lien unless the delinquency exceeds $1,800 in past-due principal (excluding late charges, fees, and interest), or the assessments …

Official text →
Dispute Resolution Compare across states →

Mandatory and optional alternative dispute resolution procedures — internal dispute resolution, mediation, arbitration, and limitations on litigation. Covers meet-and-confer requirements, mediation timelines, and enforcement of ADR outcomes.

Cal. Civ. Code §5310

Annual Policy Statement — Required Disclosures →

Requires the board to distribute an annual policy statement 30 to 90 days before the end of its fiscal year. Subsection (a)(1)-(a)(12) enumerates the required …

Official text →
Cal. Civ. Code §5660

Pre-lien notice — 30-day certified mail requirement →

Requires the association to deliver, by certified mail, a detailed pre-lien notice at least 30 days before recording an assessment lien. The notice must itemize …

Official text →
Cal. Civ. Code §5900

Internal dispute resolution — Required procedure →

Requires associations to adopt a fair, reasonable, and expeditious procedure for resolving disputes between the association and a member regarding their rights, duties, or liabilities …

Official text →
Cal. Civ. Code §5928

Alternative dispute resolution — Prerequisite to civil action →

Requires that before filing an enforcement action regarding the governing documents, declaration, or Davis-Stirling, the moving party offer to participate in alternative dispute resolution (ADR). …

Official text →
Cal. Civ. Code §5930

Alternative dispute resolution — Prerequisite to enforcement action →

Before filing certain enforcement actions in superior court, an association or member must endeavor to submit the dispute to alternative dispute resolution. Applies only to …

Official text →
Cal. Civ. Code §5950

Alternative dispute resolution — Certificate filed with initial pleading →

At the time of commencement of a Davis-Stirling enforcement action, the filing party must attach a certificate stating that one of three conditions is satisfied: …

Official text →
Construction Defect Compare across states →

Statute of limitations and statute of repose for construction defect claims. Right to repair acts, pre-litigation notice requirements, developer transition obligations, and warranty provisions applicable to common interest communities.

Cal. Civ. Code §5551

Inspection of exterior elevated elements — SB 326 →

Enacted by SB 326 in 2019 after the 2015 Berkeley balcony collapse that killed six people. Requires condominium associations of buildings with three or more …

Official text →
Other Authorities
Senate Bill 2025

SB 410 — Common interest developments: inspection of exterior elevated elements →

Senate Bill 2023

SB 410 — Powering Up Californians Act →

Assembly Bill 2021

AB 1101 — Common interest developments: association accounts and reserves →

Assembly Bill 2021

AB 502 — Common interest developments: election by acclamation →

Senate Bill 2019

SB 326 — Balcony Inspection Law →

Legislative History
Aug 2019
SB 326 → — Balcony Inspection Law

California SB 326 (Berryhill) created Civil Code §5551 requiring condominium and HOA associations to conduct visual inspections of exterior elevated elements (balconies, decks, walkways, stairs) …

Sep 2021
AB 1101 → — Common interest developments: association accounts and reserves

Tightened the standards for where a California HOA may hold reserve and operating funds. Required association funds be held in insured accounts at federally insured …

Oct 2021
AB 502 → — Common interest developments: election by acclamation

Authorized California HOAs to seat board candidates by acclamation, without a contested election, when the number of qualified candidates is equal to or less than …

Sep 2022
AB 1410 → — Common interest developments: governing documents and member communications

Protected owner free-speech rights within California HOAs. Restricted associations from prohibiting members from using social media or online resources to discuss issues of concern. Authorized …

Oct 2023
SB 770 → — Health care: unified health care financing

California SB 770 (2023–24) directs state agencies to pursue waiver discussions with the federal government toward a unified health care financing system. It contains no …

Jun 2025
AB 130 → — Housing

California AB 130 (2025) is the omnibus housing budget trailer bill (Stats. 2025, ch. 22), effective June 30, 2025. Among its Civil Code amendments, it …

Oct 2025
SB 410 → — Common interest developments: inspection of exterior elevated elements

SB 410 (Grayson, 2025) amended the Davis-Stirling Common Interest Development Act. Among other changes, it amended Cal. Civ. Code §4525 so the resale disclosure package …

Legal Facts by Category
A written assessment statement from an authorized HOA representative must list current regular and special assessments and fees, unpaid assessments on this unit, unpaid fines/penalties on this unit, plus late charges, interest, and collection costs that are or may become a lien under the Davis-Stirling assessment lien article. Cal. Civ. Code §4525 (a)(4)
Any board-approved change to regular or special assessments and fees that is not yet due and payable when the package is delivered must be disclosed. Buyers and their lenders need to know what assessment changes are coming. Cal. Civ. Code §4525 (a)(8)
Every month the board has to look at the check register, the general ledger, and the report of which owners are behind on assessments. Cal. Civ. Code §5500 (f)
The HOA can only collect what it actually needs to cover its operations. It cannot levy assessments to build a surplus beyond legitimate reserves or to fund non-association activities. Cal. Civ. Code §5600 (b)
A board cannot raise regular dues by more than 20% in a single year without an owner vote — a quorum of owners must vote and a majority must approve. Cal. Civ. Code §5605 (b)
Special assessments adopted by the board alone cannot exceed 5% of the year's budgeted expenses. Anything larger requires owner approval. Cal. Civ. Code §5605 (b)
When an assessment becomes due, the owner at that moment is personally on the hook for it — even if they sell the unit, the HOA can still pursue them for the unpaid amount. Cal. Civ. Code §5650 (a)
For condominium projects subject to the SB 326 exterior elevated elements inspection (decks, balconies, walkways), the most recent §5551 inspection report must be included in the §4525 package. Cal. Civ. Code §4525 (a)(11)
If the association distributed a §6000 initial list of common-area construction defects to members, the seller must include a copy — unless the matter was settled under §6100. Disclosure does not waive any privileges, and the package must note that the list has not been finally adjudicated. Cal. Civ. Code §4525 (a)(6)
If the association has issued any §6100 information (settlement or builder-resolution update on common-area defects), the latest version must be included in the package. Cal. Civ. Code §4525 (a)(7)
SB 326 exists because of the 2015 Berkeley balcony tragedy — a wood-framed balcony collapsed during a birthday party, killing six. The law forces routine engineering inspection of similar structures so concealed dry rot or fastener failure is caught before another collapse. Cal. Civ. Code §5551
SB 326 covers California condominiums with three or more attached units that have wood-framed balconies, decks, stairs, or walkways elevated more than six feet above the ground. Single-family detached and small duplex/triplex stick-built without elevated elements are not covered. Cal. Civ. Code §5551 (a)
Every nine years the condo board must hire a licensed structural engineer, civil engineer, or architect to inspect a statistically significant sample of the balconies, decks, and walkways. The first round was due by January 1, 2025; the next is by January 1, 2034. Cal. Civ. Code §5551 (b)
The inspector's written report must document the current condition, estimate remaining life, recommend any repairs, and be certified by the inspector. The findings then feed directly into the reserve study so that funding can be allocated to repairs identified. Cal. Civ. Code §5551 (c)
The board is personally accountable for SB 326 compliance — both the inspection itself and any repairs identified. Inspection cost and major repair cost must be modeled in the reserve study so adequate funding is collected over time. Cal. Civ. Code §5551 (e)
Before selling a unit in a California common interest development, the owner must deliver the §4525 disclosure package to the prospective buyer — as soon as practicable before title transfer or signing of the real property sales contract. Cal. Civ. Code §4525 (a)
§4525 applies to owner-to-buyer resales but does not apply to subdividers or developers in initial sales — they are governed by the public-report disclosure regime of Bus. & Prof. Code §11018.6 instead. Cal. Civ. Code §4525 (b)
The form provides the authoritative cross-reference: each disclosure item lists both its §4525 enumerated subsection AND the underlying source statute. This is how multi-statute disclosure obligations under Davis-Stirling are made explicit and itemized for billing. Cal. Civ. Code §4528
If the seller already holds current copies of the §4525 documents, they may give them to the buyer at no cost, and no one is required to buy every document listed on the form. Cal. Civ. Code §4528
Section 4528 establishes the form an association must use to bill the seller for §4530 disclosure charges. The form must be in at least 10-point type and follow the statutory template substantially. Cal. Civ. Code §4528
If the seller already has current copies of §4525 documents, they may provide them at no cost. Sellers can also purchase some but not all of the documents listed. The form covers only §4525-related fees — other escrow-related fees are charged separately, not bundled with §4525 disclosure charges. Cal. Civ. Code §4528
The form lists the §4525 document charges. Other fees unrelated to those documents may still be charged, separately, before escrow closes. Cal. Civ. Code §4528
The 10-day statutory delivery deadline lives in §4530(a) — not §4525. Upon written request, the association must provide the requested §4525 documents to the owner (or an owner-authorized recipient) within 10 days of receiving the request. Cal. Civ. Code §4530 (a)
Associations may maintain and deliver §4525 documents electronically — including posting on the association's website. If documents are kept electronically, the requestor has the option to receive them by electronic transmission. Cal. Civ. Code §4530 (a)(1)
The association may not condition or withhold §4525 disclosure delivery on anything other than payment of the §4530(b) reasonable fee. Conditions, document bundling, or other gating mechanisms violate §4530(a)(2). Cal. Civ. Code §4530 (a)(2)
The completed §4528 charges-for-documents form must be delivered alongside the §4525 documents. The form documents what was purchased and what each item cost — a complete record for the seller and buyer. Cal. Civ. Code §4530 (e)
The companion to the FHA disclosure at (b)(10), and it is a separate sheet in at least 10-point font carrying a form of words fixed by statute. It applies only to condominium projects. Cal. Civ. Code §5300 (b)(11)
Preparing the report does not discharge the duty. Section 5320 governs how it reaches the members, and it is the delivery that satisfies the section. Cal. Civ. Code §5300 (c)
Under the Corp Code, the baseline member-meeting quorum for an HOA organized as a mutual benefit corporation is one-third (33.3%) of voting power. Bylaws may set a different threshold within statutory limits. Cal. Corp. Code §7512 (a)
If an initial HOA election meeting fails to reach the one-third quorum, the reconvened follow-up meeting can proceed with just 20 percent attendance — preventing a deadlock when owners don't show up. Cal. Corp. Code §7512 (e)
If the owner has received a §5855 notice of alleged governing-documents violation and the violation is not yet resolved, a copy or summary of that notice must be disclosed. Disclosure does not waive the association's right to enforce against the seller or the buyer, and the association is not obligated to inspect the unit for new violations. Cal. Civ. Code §4525 (a)(5)
The annual policy statement must include the §5730 statement of assessment collection policies — covering how the association collects past-due assessments and what charges may be imposed for delinquency. Cal. Civ. Code §5310 (a)(6)
The annual policy statement must describe the association's policies and practices in enforcing lien rights and other legal remedies for assessment defaults. This is the resale-disclosure ASSESSMENT_ENFORCEMENT_POLICY item — buyers and lenders rely on it to understand enforcement risk. Cal. Civ. Code §5310 (a)(7)
If the association has a discipline policy, it must be described — including any schedule of monetary penalties for governing-document violations under §5850. Skipping the disclosure means the association cannot enforce the schedule. Cal. Civ. Code §5310 (a)(8)
If the inspector finds an immediate hazard — a balcony at risk of collapse, a rotted stair, a failing railing — the HOA must close access immediately (lock it, fence it, post warning) and notify the city building department within 15 days. Failure to act is a direct breach of statutory duty. Cal. Civ. Code §5551 (d)
Before the HOA can record a lien, it must send the owner a detailed certified-mail notice at least 30 days in advance — itemizing the debt and explaining the owner's rights to challenge it, request a payment plan, or meet with the board. Cal. Civ. Code §5660
The recorded lien notice must list every category of charge with its dollar amount, identify the property by legal description and parcel number, name the owner, and identify the trustee who could conduct a future foreclosure sale. Cal. Civ. Code §5670
The HOA lien is created the moment the recorder accepts the notice of delinquent assessment. Before recordation, the HOA has only a contractual claim against the owner; after recordation, the HOA has a lien against the unit that affects title and survives transfer. Cal. Civ. Code §5675 (a)
The HOA cannot lump everything into a single number on the lien. An itemized breakdown — assessments, late fees, interest, attorney fees, collection costs — must be recorded alongside the notice. Owners can challenge any line item that lacks legal authority. Cal. Civ. Code §5675 (b)
The recorded lien must contain every dollar amount itemized, the legal description and parcel number of the unit, and the name of the record owner — no shortcuts. A defective notice can be challenged. Cal. Civ. Code §5675 (b)
The HOA must designate a specific trustee (typically a law firm or trustee services company) and identify them by name and address on the recorded lien. Without a named trustee, the HOA cannot proceed to non-judicial foreclosure if collection later requires it. Cal. Civ. Code §5675 (c)
The HOA has only 10 days after recording the lien to send certified-mail copies to every record owner. Missing this deadline does not void the lien but can be raised as a procedural defense and disrupts the HOA's collection schedule. Cal. Civ. Code §5675 (d)
California HOAs cannot wipe out a first mortgage through assessment-lien foreclosure. The first mortgage survives the sale. Cal. Civ. Code §5700
The HOA's lien takes its priority position from the day the lien notice is recorded. Anything recorded against the property before that date — like a first mortgage — keeps higher priority. Cal. Civ. Code §5700 (a)
Only the board itself can decide to foreclose — not the management company, not the attorney, not a collection agency. The vote must happen in executive session and be recorded by a majority. Cal. Civ. Code §5705 (a)
After the board votes to foreclose, the owner gets at least 30 days' certified-mail notice before any foreclosure action can begin. Cal. Civ. Code §5705 (b)
California HOAs cannot foreclose unless the unpaid assessments (just the principal — not fees or interest) total more than $1,800, OR the assessments are more than 12 months overdue. Cal. Civ. Code §5720 (b)
An HOA cannot fine owners unless it has first adopted and distributed a written fine schedule listing each violation and the corresponding penalty amount. Cal. Civ. Code §5850 (a)
Before a fine can be imposed, the owner must get at least 10 days' written notice of the hearing and have the right to attend and speak. Skipping this step makes the fine unenforceable. Cal. Civ. Code §5850 (b)
Under the Nahrstedt rule, recorded CC&Rs are presumed reasonable. An owner challenging a CC&R has the burden of proving it's unreasonable — and not just unreasonable for them personally, but unreasonable for the whole community. This is a very high bar and is why most CC&R challenges fail. Cal. Civ. Code §5975
Recorded CC&Rs are not just contractual — they are equitable servitudes that run with the land. They bind every current owner and every future buyer automatically. A buyer cannot escape the CC&Rs by claiming they didn't agree to them; they are bound by purchasing the property. Cal. Civ. Code §5975 (a)
Standing to enforce CC&Rs is broad. The HOA can enforce against a violating owner, but so can another owner — directly, without going through the HOA. This dual-standing structure exists so an inactive board cannot block enforcement. Cal. Civ. Code §5975 (a)
Not just the original CC&Rs — bylaws and operating rules properly adopted by the board (with required member notice and comment period) get the same enforcement treatment. Owners face the same fee-shift and the same presumption of reasonableness when challenging a properly-adopted rule. Cal. Civ. Code §5975 (b)
California has a mandatory fee-shifting rule for CC&R enforcement. If the HOA wins, the owner pays the HOA's attorney fees. If the owner wins, the HOA pays the owner's fees. This rule strongly disincentivizes frivolous litigation on either side. Cal. Civ. Code §5975 (c)
Some California HOAs (particularly larger or sophisticated condo associations) hold reserve funds in a trust account with a bank or trust company acting as trustee. Those arrangements are governed by California Trust Law, which imposes fiduciary duties on the trustee independent of the HOA's own obligations. Cal. Prob. Code §15000 (a)
Once the trustee accepts the role, the trustee must follow the trust document first, then California trust law where the document is silent. This is the bedrock duty — a trustee who deviates from the trust instrument is personally liable for any resulting loss. Cal. Prob. Code §16000
A well-drafted HOA reserve trust can shape the trustee's duties — limit risk-taking, require detailed reporting to the board, mandate co-signature on disbursements. Whatever the trust agreement says (within legal limits) controls; the default Trust Law rules fill the gaps. Cal. Prob. Code §16000
The most recent Article 7 documents — annual budget report (§5300), annual policy statement (§5310), and other annual disclosures — must be included in the package. Cal. Civ. Code §4525 (a)(3)
California does not impose a hard dollar cap on §4525 disclosure fees — instead, the fee must be reasonable and reflect actual costs of procurement, preparation, reproduction, and delivery. Charging a surcharge for electronic delivery is prohibited. Cal. Civ. Code §4530 (b)
Before processing the §4525 request, the association must give the requestor a written or electronic fee estimate on the §4528 form. The requestor learns the cost before work begins, enabling them to scope or cancel the request. Cal. Civ. Code §4530 (b)(1)
§4525 disclosure fees cannot be lumped into a larger escrow or transaction bill. They must be separately stated and separately billed — buyers and sellers can audit each line item against the §4528 form. Cal. Civ. Code §4530 (b)(5)
The association cannot bundle other transactional documents (lender forms, title forms, etc.) with the §4525 disclosure package. Only documents expressly required by §4525 belong in the disclosure delivery. Cal. Civ. Code §4530 (b)(6)
The seller — not the buyer — pays the association (or its third-party agent) for §4525 document preparation and delivery. The buyer receives the documents at no direct cost to themselves. Cal. Civ. Code §4530 (c)
Financial statements and tax returns get a longer seven-year retention requirement. Cal. Civ. Code §5210 (b)
The annual budget report must be distributed in the 30-to-90-day window before fiscal year end. The statutory window overrides any contrary provision in the governing documents. Cal. Civ. Code §5300 (a)
Subsection (b) introduces the 12-item required-contents list for the annual budget report. Governing documents may impose stricter requirements but cannot relax these statutory minimums. Cal. Civ. Code §5300 (b)
The annual budget report must include a pro forma operating budget showing estimated revenue and expenses on an accrual basis. Accrual basis is required by statute — cash-basis budgets do not satisfy §5300(b)(1). Cal. Civ. Code §5300 (b)(1)
The completed §4528 charges-for-documents form — with each document's cost individually itemized — must be included in the annual budget report distribution. Members see the current §4525 disclosure fee schedule once per year through this requirement. Cal. Civ. Code §5300 (b)(12)
Five facts per loan, and the test is the original term, not the remaining term. A loan written for eighteen months is disclosed in its final quarter. Cal. Civ. Code §5300 (b)(8)
The reserve summary cannot be used on its own to prove mismanagement. The rest of the financial record stays admissible. Cal. Civ. Code §5300 (d)
If the association's gross income exceeds $75,000 in a fiscal year, a financial statement review must be prepared under GAAP by a California Board of Accountancy licensee. Governing documents may impose stricter standards but cannot relax this statutory floor. Cal. Civ. Code §5305 §5305
Members must receive the CPA-reviewed financials within 120 days (about four months) after the fiscal year ends, by individual delivery — not just general notice posting. The §4040 individual-delivery method is required. Cal. Civ. Code §5305 §5305
Every month the board has to look at a bank reconciliation of the operating account — the books tied to the bank statement. Cal. Civ. Code §5500 (a)
Every month the board has to look at a bank reconciliation of the reserve accounts, separately from operating. Cal. Civ. Code §5500 (b)
Every month the board has to compare what the association actually took in and spent this year against the budget. Cal. Civ. Code §5500 (c)
Every month the board has to look at the actual bank statements for the operating and reserve accounts, not only the manager's summary. Cal. Civ. Code §5500 (d)
Every month the board has to review an income and expense statement covering both the operating and reserve accounts. Cal. Civ. Code §5500 (e)
When an HOA's CC&Rs require 67% or 75% approval to amend, but the HOA cannot get that turnout despite majority support, §4275 lets the HOA (or any member) go to court and ask the judge to lower the threshold so the amendment can pass with the votes already cast. Cal. Civ. Code §4275 (a)
The petition packet must include the full CC&Rs, the proposed amendment text, every notice and solicitation the HOA used during the vote, and an explanation of why the amendment is needed. The court reviews the entire process before lowering the threshold. Cal. Civ. Code §4275 (b)
Before the court hearing, the petitioner must give 15 days' notice to every owner, every mortgage lender entitled to notice under the CC&Rs, and the relevant city or county government. Skipping any notice defeats the petition. Cal. Civ. Code §4275 (c)
The court will approve the amendment only when every box is checked: proper notice, properly conducted vote, diligent outreach to all eligible voters, more than 50% of votes cast were in favor, AND the amendment itself is reasonable. All five elements must be present. Cal. Civ. Code §4275 (d)
Even after the judge signs the order, the amendment doesn't take effect until the order and the amendment are both recorded with the county recorder in every county where any part of the community sits. A development that straddles two counties needs both recordings. Cal. Civ. Code §4275 (e)
The seller must provide all governing documents — Articles of Incorporation, CC&Rs, Bylaws, and Operating Rules. If the association isn't incorporated, a written statement to that effect must be provided instead. Cal. Civ. Code §4525 (a)(1)
If the prospective purchaser asks for them, the seller must include approved board meeting minutes from the prior 12 months — excluding executive session minutes. This is the only §4525 item triggered by buyer request rather than mandatory. Cal. Civ. Code §4525 (a)(10)
If the CC&Rs limit occupancy by age (e.g., 55+ community), the seller must include a written statement explaining that the restriction is enforceable only to the extent permitted by Section 51.3 and identifying which Section 51.3 provisions apply. Cal. Civ. Code §4525 (a)(2)
If the CC&Rs prohibit renting or leasing units, the seller must include a written statement describing the rental prohibition. Material for investor buyers and any buyer planning future tenancy. Cal. Civ. Code §4525 (a)(9)
California's election procedures cover every type of HOA member vote — not just board elections, but also rule amendments, recalls, and special assessments that need owner approval. Cal. Civ. Code §4900
The HOA can satisfy the notice rule by posting the meeting notice in a visible community location, like a clubhouse bulletin board or community website. Cal. Civ. Code §4920 (b)
If the board is only meeting in closed (executive) session, two days' notice to owners is enough. Cal. Civ. Code §4920 (b)(2)
Owners must get notice of a board meeting — including the agenda — at least four days before it happens. Cal. Civ. Code §4920 (d)
Owners have the right to attend any open board meeting — only closed-door executive sessions are private. Cal. Civ. Code §4925 (a)
Owners have a right to speak at board meetings on items the board is about to vote on. The board can set time limits, but cannot block owner comment entirely. Cal. Civ. Code §4925 (b)
After every open board meeting, owners have a statutory right to receive the minutes (or a labeled draft, or a summary) within 30 days. The HOA cannot wait until the next meeting's approval cycle to release them. Cal. Civ. Code §4950 (a)
Executive session is the only category of board meeting whose minutes don't go out automatically to members. The exemption protects litigation strategy, member discipline records, personnel matters, and other sensitive items that must be discussed privately. Cal. Civ. Code §4950 (a)
If a member asks for copies, the HOA must provide them, but can charge a reasonable reimbursement for actual copying or distribution cost. The HOA cannot use the fee as a barrier to access. Cal. Civ. Code §4950 (b)
Every year, the HOA must remind members of this right in the annual policy statement. Even owners who never attended a meeting must be informed they can access the minutes. Cal. Civ. Code §4950 (b)
All major HOA votes in California — board elections, recall efforts, governing-document changes, special assessments — must be conducted by secret ballot. Cal. Civ. Code §5100 (a)
The HOA cannot change election rules within 90 days of an election. The rules must be set well in advance. Cal. Civ. Code §5100 (b)
If the HOA newsletter or website carries pro-board content during an election, it must also carry opposing candidates' and views — no preferential access. Cal. Civ. Code §5105 (a)(3)
A new owner can run for the board as soon as they become a member — the HOA cannot impose a one-year residency requirement. Cal. Civ. Code §5105 (c)
Unlike mutual benefit corporations (which the AG generally does not police), public benefit corporations face direct Attorney General oversight. The AG can sue to enforce charitable purposes and recover misused funds. Cal. Corp. Code §5110
Public benefit corporations are the California corporate form for traditional 501(c)(3) charities. Most HOAs are NOT public benefit corporations — they serve members, not the public — but the form is occasionally used by community associations whose primary mission benefits the broader public. Cal. Corp. Code §5110 (a)
The person counting ballots cannot be on the board, running for the board, or related to anyone running. They must be an outside party. Cal. Civ. Code §5110 (b)
The inspector handles every part of ballot security: who can vote, which ballots are valid, how to handle challenges, the count, and the certification of results. Cal. Civ. Code §5110 (c)
California requires a two-envelope system: an outer envelope identifies the voter, and a separate inner envelope holds the unmarked ballot. The inspector verifies eligibility on the outer envelope before opening the inner. Cal. Civ. Code §5115 (b)
Ballot counting is a public event. Any owner can watch the inspector count the ballots after polls close. Cal. Civ. Code §5115 (d)
Right after the count, the inspector of elections keeps physical custody of every ballot, envelope, voter list, proxy, and tally sheet. The HOA does not get them yet — they stay with the independent inspector until the time to challenge the election expires. Cal. Civ. Code §5125 (a)
Once the one-year window to bring an election challenge has passed, the inspector turns over all the materials to the HOA, which must then retain them under the standard records retention schedule. Cal. Civ. Code §5125 (a)
Even during a recount, the inspector must protect ballot secrecy. The double-envelope procedure (§5115) means voter identity is separated from the ballot itself before counting; that separation must be maintained throughout any recount. Cal. Civ. Code §5125 (b)
If a member files a written request and a recount or challenge is underway, the inspector must provide access to the ballots and tally sheets. Inspection cannot be refused while a challenge is pending. Cal. Civ. Code §5125 (b)
The records owners can request include meeting minutes, the budget and financial statements, contracts the HOA signs, tax returns, and detail on the reserve accounts. Cal. Civ. Code §5200 (a)
Members have a higher-tier inspection right that includes the membership roster (owner names and addresses) and records of every payment to a director or their company. Cal. Civ. Code §5200 (b)
Records from this fiscal year must be produced within 10 business days of an owner's written request. Cal. Civ. Code §5205 (a)
Older records (from the past two fiscal years) must be produced within 30 calendar days. Cal. Civ. Code §5205 (b)
The HOA must keep most records for the current year plus the two preceding years — a three-fiscal-year retention floor. Cal. Civ. Code §5210 (a)
Every HOA director must (1) act in good faith, (2) act in what they reasonably believe is the HOA's best interest, and (3) exercise the care of an ordinarily prudent person — including reasonable investigation before acting. These three duties combine to form the standard of care. Cal. Corp. Code §5231 (a)
If a director KNOWS their CPA is incompetent, or KNOWS the management company is misrepresenting the books, they cannot hide behind reliance. The protection requires good faith — not willful blindness. Cal. Corp. Code §5231 (b)
Directors are not personally liable for relying in good faith on their management company's reports, their CPA's audit, or their attorney's advice — provided they reasonably believed the source was competent to provide that information. Cal. Corp. Code §5231 (b)
Directors who follow the §5231 process — good faith, best-interest belief, reasonable inquiry — are immune from personal liability for the decision itself, even if the outcome is bad. The business judgment rule protects HOA directors from second-guessing of their judgment calls. Cal. Corp. Code §5231 (c)
The annual policy statement — distinct from the annual budget report — must be distributed in the same 30-to-90-day window before fiscal year end. It informs members about the association's operational policies, separately from financial information. Cal. Civ. Code §5310 (a)
The annual policy statement must summarize the association's dispute resolution procedures under §5920 (alternative dispute resolution) and §5965 (internal dispute resolution). Both ADR and IDR mechanisms must be disclosed to members annually. Cal. Civ. Code §5310 (a)(9)
Every California HOA must have a written internal-dispute-resolution (IDR) process — free of charge to members — for disputes about CC&Rs, board duties, and member rights. Cal. Civ. Code §5900 (a)
Before suing — whether you're the HOA or an owner — you must first offer alternative dispute resolution (typically mediation). Skipping this step is a defense to the lawsuit. Cal. Civ. Code §5930 (a)
When filing the lawsuit, the plaintiff must attach a certificate proving they offered ADR and the other side either refused or the case needs an emergency court order. Missing the certificate gives the defendant a demurrer or motion-to-strike basis. Cal. Civ. Code §5950 (a)
Most California HOAs are incorporated as 'nonprofit mutual benefit corporations' — a specific corporate form created to serve the corporation's members. The Corp Code gives them their corporate existence; Davis-Stirling tells them how to operate as community associations. Cal. Corp. Code §7110
When the two statutes overlap, the more specific HOA-focused Davis-Stirling Act wins. When Davis-Stirling is silent — formation, mergers, dissolution, indemnification — the Corp Code's mutual benefit provisions take over. Cal. Corp. Code §7110
Unlike public benefit nonprofits (which serve the broader public) and religious nonprofits (which serve their faith community), mutual benefit nonprofits serve their MEMBERS. HOAs serving their owners fit cleanly into this category. Cal. Corp. Code §7110 (a)
The Corp Code gives HOAs broad statutory powers as corporations: to sue, contract, own and sell property, borrow money, levy assessments, and indemnify their directors. These corporate powers exist independently of any specific HOA-statute grant. Cal. Corp. Code §7110 (b)
Religious corporations are the California corporate form for churches and religious orders. HOAs almost never use this form — but it can appear in unusual cases like faith-based retirement communities or church-affiliated housing where the residential association is part of a religious entity. Cal. Corp. Code §9110 (a)
Condominium projects must disclose whether they are FHA-approved. The disclosure must be in at least 10-point font on a separate piece of paper using the statutorily-prescribed language about FHA certification benefits. Cal. Civ. Code §5300 (b)(10)
The budget report must include a summary of property, general liability, earthquake, flood, and fidelity insurance — listing insurer name, insurance type, policy limit, and deductible amount. The association may satisfy this by attaching insurance declaration pages. Cal. Civ. Code §5300 (b)(9)
The budget report must include a summary of the association's reserves, prepared according to §5565. The detailed Assessment and Reserve Funding Disclosure Summary (§5570) must also accompany the budget report per §5300(e). Cal. Civ. Code §5300 (b)(2)
The board's reserve funding plan must be summarized in the budget report, with notice that the full reserve study plan is available on request. Members can request and receive the full reserve plan at any time. Cal. Civ. Code §5300 (b)(3)
A deferral is disclosed with its reason. The trigger is a remaining life of 30 years or less, which reaches far more components than a board usually expects. Cal. Civ. Code §5300 (b)(4)
Saying a special assessment is coming is not enough. The report has to carry how much, from when, and for how long. Cal. Civ. Code §5300 (b)(5)
The report names how reserves get funded, and borrowing and deferral are named in the statute as answers -- so an association funding reserves by anything other than assessments still has a disclosure to make, not an omission. Cal. Civ. Code §5300 (b)(6)
The method is disclosed, the Section 5570(b)(4) formula must be among the calculations shown, and the investment return the plan assumes is capped by statute at 2 percent over the San Francisco Federal Reserve discount rate on the calculation date. Cal. Civ. Code §5300 (b)(7)
The standardized §5570 disclosure summary form — listing reserve calculations, percent funded, 30-year sufficiency determination, and 5-year projections — must accompany every annual budget report distribution. Cal. Civ. Code §5300 (e)
Reserve money is restricted by statute — it can only be spent on the major building components (roof, plumbing, etc.) the HOA is obligated to maintain, not on day-to-day operations. Cal. Civ. Code §5502 (a)
If the board temporarily borrows from reserves for cash flow, the money must be paid back within a year — or the board must formally document why a delay is in the community's best interest. Cal. Civ. Code §5502 (b)
A professional must inspect the building's major parts (roof, plumbing, etc.) every 3 years. Cal. Civ. Code §5550 (a)
Owners must be told how much is saved for future repairs and whether it's enough. Cal. Civ. Code §5550 (b)
Each year owners must receive a reserve report listing every major component, what's left of its useful life, what replacement will cost, how much is currently in reserves, and what percentage of the reserve target the HOA has actually funded. Cal. Civ. Code §5560 (a)
The reserve disclosures required by Article 7 must be summarized on the statutorily-prescribed form set out in §5570(a). The form is a one-page disclosure covering regular assessment amounts, scheduled and special assessments, reserve calculations, percent funded, 30-year sufficiency determination, and 5-year projections. Cal. Civ. Code §5570 (a)
Estimated remaining useful life is the statutory term for how long a reserve component is expected to last before replacement. It anchors the §5570(b)(4) reserve funding calculation. Cal. Civ. Code §5570 (b)(1)
Major component is defined by §5550. Components with more than 30 years of remaining life may be either treated as capital assets in the study OR excluded from the reserve calculation — but either decision must be disclosed in both the reserve study and the §5570 summary. Cal. Civ. Code §5570 (b)(2)
The §5570 form must accompany every annual budget report distribution under §5300. The form may be supplemented or modified for clarity, but the §5570(a) minimum information must be preserved. Cal. Civ. Code §5570 (b)(3)
The statutory reserve calculation is current replacement cost × years in service ÷ useful life. The result is what should be saved for that component. Note: this formula is for disclosure purposes — §5570(b)(4) explicitly does NOT require the board to fund reserves at that level. The board sets the actual funding policy. Cal. Civ. Code §5570 (b)(4)
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Legal references last verified October 2, 2026. This content is educational and informational. It does not constitute legal advice. Consult a licensed attorney in your state for legal guidance specific to your situation.

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