As a member of our Association, what are your rights?

Member Rights Established by California Law

Below is a list of some of your rights as a member of the HOA. Please note this is not an exhaustive list... please research further if you are interested, and feel free to post anything we missed that you think is important in the comments.

Board Meetings 

Homeowners are entitled to 4 days' notice and an agenda for all open association meetings. If an executive session is held at a separate time, homeowners must be informed at least two days before the meeting. No owner notice is required for emergency meetings (Civil Code Section 4920). Homeowners may attend and address the board at open meetings at the time and in the manner established by the board (Civil Code Section 4925). There are penalties in the statute including $500 fines for failure of the board to comply.

Inspection of Records

Homeowners may inspect many of the financial and other records of the HOA, although they have to pay the direct costs to produce the records for inspection (costs for copying and postage). If a homeowner requests the redaction of information that is private or could lead to identity theft, they must pay for those costs as well (Civil Code Section 5205(a)(f)(g)). There are penalties in the statute including $500 fines for failure of the board to comply.

For the complete list of association records, see Civil Code Section 5200. 

Disclosures

Homeowners are entitled to annual and other disclosures, which include: rules, fines, financials, budgets, reserves (including component list and funding plan), meeting minutes, assessments, insurance information, architectural procedures, and collection policies. Homeowners should also receive notices of dates, times and agendas of association meetings. (Civil Code Sections 4950(a), 5300, and 5520), and are entitled to distribution of the balance sheet and income and expenses for the prior fiscal year within 120 days of the end of the fiscal year. (Civil Code Section 5300)

Homeowners are entitled to notice and the opportunity to attend a fair hearing if disciplinary action is being considered against them, including fines or the suspension of privileges (pool access, etc.). All homeowners are entitled to notice of fines through circulation of a fines schedule and notice of hearings by first class mail. (Civil Code Section 5855)

Communicating with Other Members

Unless the intention is suspect ( e.g. retaliatory conduct or business solicitation), homeowners are allowed to inspect and copy the HOA membership list or, alternatively, get access via mailing of the communication with labels/envelopes through a mailing house, so long as they pay the copy and mailing costs. (Corporations Code Section 8330 et seq., Civil Code Section 5205(a))

Serving on the Board

Homeowners have the right to run for the board if they qualify. Qualifications should be established in the governing documents and will typically require the member to be in good standing (or having fully paid assessments and not in violation of the governing documents). Members are also entitled to a fair election with equal access to HOA resources as other candidates, including incumbents. (Civil Code Section 5105(a), 5135) There are penalties for failure to allow these rights in Civil Code Section 5145, including a potential $500 per violation fine against the association or possibly even the board.

Display of US Flag

Homeowners may fly flags in their separate interest areas (not including the common area). Boards can set reasonable parameters relating to the public health or safety, placement, type of display, and type of material. In any action to enforce this section, the prevailing party shall be awarded reasonable attorney's fees and costs. (Civil Code Section 4705)

Signs, Posters, Flags, or Banners; Exceptions

Associations must allow posting or displaying of noncommercial signs, posters, flags, or banners on or in an owner's separate interest. However, rules and limitations can be made for the protection of public health or safety or if the posting or display would violate a local, state, or federal law. (Civil Code Section 4710) The board can also restrict signs that constitute a nuisance or display obscenity, and can control the signs made for HOA elections (with reasonable restrictions).

Modifying Unit for Access for Disabled Persons

Homeowners can request to make modifications to the property in order to gain access or facilitate the use of their units at their own expense, as long as these modifications do not impair the structural integrity or mechanical systems or lessen the support of any portions of buildings. Boards may set some conditions but cannot deny these requests unless the modifications will...

1. Adversely affect the health or safety of neighbors OR

2. Are not necessary for access or use because of viable alternatives. (Civil Code Section 4760, Fair Housing Laws)

Rights of Ingress, Egress, and Support & Access

Homeowners cannot be barred from "ingress" and "egress" (which are legal terms meaning getting to and from) their units, and cannot be barred from physical access to their units, unless...

• The HOA has a court order

• The HOA has an order pursuant to a final and binding arbitration decision

• Reconstruction is needed

• A hazardous condition exists

• The unit is uninhabitable or red tagged. (Civil Code Sections 4505 and 4510)

Dogs, Cats, and Other Pets

No governing documents (including operating rules) passed or amended after January 1, 2010 may prohibit an owner from keeping one pet, subject to reasonable rules and regulations of the association. (Civil Code Section 4715) This does not mean a resident can keep a dangerous dog or nuisance pet on premises.

Satellite Dishes and Antennas

Homeowners are entitled to have satellite dishes. The board can set requirements relating to screening and placement. (FCC Rule 207)

Solar Installations

Homeowners are entitled to have certain solar installations. Boards are entitled to set reasonable restrictions that do not substantially increase the cost or decrease the efficiency. This includes requiring homeowners to remove their panels if and when the HOA has to maintain the roof. (Civil Code Section 714 and 714.1)

Towing Vehicles

Homeowners are entitled to know that the association can tow vehicles that violate the governing documents and must be given notice that they are in danger of being towed prior, which may be by tagging, a letter, or otherwise (Vehicle Code Section 22658.2). 

Conclusion

Keep in mind that this list of rights and entitlements, while a good reference tool, is not all-inclusive. Homeowners can do a lot of other things according to HOA policies, but boards generally have ultimate control over architectural approvals, parking assignments, and any exterior additions or modifications, use of the common areas, and conduct (accomplished commonly through rule setting). 

...And remember that laws are subject to change and we need to check for their validity at any specific point in time. For the latest changes in HOA laws, please check the links below. Homeowners who assertively pursue their rights through reasonable and proper channels can change their HOA, and there are often consequences for board members who wrongly or purposefully deny rights of homeowners who are behaving reasonably. 

Useful Resources for more info about HOAs

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