Governing Documents

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Governing Document Amendments: Development Process and Court Intervention

To amend your HOA's governing documents, you must begin by developing and presenting the amendments to the members. And sometimes, when a vote cannot be obtained, associations can use the judicial relief tool, allowing a court to authorize amendments and other “corporate” approvals

Beginner's Guide to HOA Boards of Directors Duties and Responsibilities

Many new board members want an introductory guide that states in one place what are their duties and by what authority do they operate. This article discusses general concepts and law related to the powers and duties of association boards. You should be aware that the law differs between the various states, and therefore a board member should seek legal advice before acting.

Amending Your HOA's Governing Documents: Your Toughest Questions Answered

Sooner or later every homeowners association is faced with the question of whether or not to amend its governing documents, bylaws, and CC&Rs. Here are some common questions and answers to the process, cost, and board of directors role in amending HOA governing documents. 

Every HOA Must Adopt Election Rules - Following the Civil Code Isn't Enough

California HOA boards who fail to adopt elections rules are in violation of the law - even when they follow the procedures outlined in California's Civil Code. This article explains why, identifies the risks, and recommends a solution.

Annual Policy Statement

Annual Policy Statement Overview

The Annual Policy Statement is one of two main collections of disclosures required under the New Davis-Stirling Act. The second main collection of disclosures is contained in the Annual Budget Report. Formerly, the individual disclosures contained in each report were part of a single disclosure package, often called the "annual budget package." For more information about how disclosures are organized under the New Davis-Stirling Act, click here.

What You Need to Know: The New Davis-Stirling Act

The Davis-Stirling Common Interest Develop Act, or the Davis-Stirling Act, is the primary set of laws that govern common interest developments (CIDs) and homeowners associations (HOAs) in California. Since 1985, the Davis-Stirling Act has been amended many times; however, on January 1, 2014 the Act was completely renumbered and reorganized, and codified in California Civil Code.

Davis-Stirling Conversion Table

As of January 1st, the Davis-Stirling Act has been replaced by "New Davis-Stirling" - the renumbered and restated version of the laws that govern our communities. Both the new and old versions of the law are available here, on our The Law pages. We encourage you to browse through the new law to become familiar with the new locations of important provisions.

Help Manage Your HOA with a Maintenance Responsibility Chart

A maintenance responsibility chart can help your HOA establish consistency while reducing the need for lawyers to determine maintenance responsibilities in your community association. This chart lists each element that may require repair and designates a party responsible

Master Associations & Governing Documents

If your association is a sub or master association, take extra care to avoid potential conflicts in your governing documents.

§5975 - Enforcement of Governing Documents

  1. The covenants and restrictions in the declaration shall be enforceable equitable servitudes, unless unreasonable, and shall inure to the benefit of and bind all owners of separate interests in the development. Unless the declaration states otherwise, these servitudes may be enforced by any owner of a separate interest or by the association, or by both.

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