California HOA & Condominium Law
47 active California statutes govern homeowners associations and condominiums in the state. The corpus encodes 134 specific requirements across governance, finance, reserves, disclosure, and enforcement.
Resale Certificate Compliance
12 disclosures required
CA
Every common interest community in California
is governed by
Cal. Civ. Code §4525
(California Civil Code §4525).
California law requires 12 specific disclosures when a unit is sold.
The certificate must be delivered within 10 days of request.
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Governing documents (Articles, CC&Rs, Bylaws, Operating Rules) Cal. Civ. Code §4525(a)(1)
A copy of all governing documents. If the association is not incorporated, this shall include a statement in writing from an authorized representative of the association that the association is not incorporated. Cal. Civ. Code §4525(a)(1) · verified May 2026
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Age restrictions, if any (subject to Section 51.3) Cal. Civ. Code §4525(a)(2)
If there is a restriction in the governing documents limiting the occupancy, residency, or use of a separate interest on the basis of age in a manner different from that provided in Section 51.3, a statement that the restriction is only enforceable to the extent permitted by Section 51.3 and a statement specifying the applicable provisions of Section 51.3. Cal. Civ. Code §4525(a)(2) · verified May 2026
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Current assessments, fees, unpaid amounts, late charges, interest, collection costs Cal. Civ. Code §4525(a)(4)
A true statement in writing obtained from an authorized representative of the association as to the amount of the association's current regular and special assessments and fees, any assessments levied upon the owner's interest in the common interest development that are unpaid on the date of the statement, and any monetary fines or penalties levied upon the owner's interest and unpaid on the date of the statement. The statement obtained from an authorized representative shall also include true information on late charges, interest, and costs of collection which, as of the date of the statement, are or may be made a lien upon the owner's interest in a common interest development pursuant to Article 2 (commencing with Section 5650) of Chapter 8. Cal. Civ. Code §4525(a)(4) · verified May 2026
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Notice(s) of violation under Section 5855 (alleged violations unresolved at request date) Cal. Civ. Code §4525(a)(5)
A copy or a summary of any notice previously sent to the owner pursuant to Section 5855 that sets forth any alleged violation of the governing documents that remains unresolved at the time of the request. The notice shall not be deemed a waiver of the association's right to enforce the governing documents against the owner or the prospective purchaser of the separate interest with respect to any violation. This paragraph shall not be construed to require an association to inspect an owner's separate interest. Cal. Civ. Code §4525(a)(5) · verified May 2026
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Approved changes to assessments not yet due and payable Cal. Civ. Code §4525(a)(8)
Any change in the association's current regular and special assessments and fees which have been approved by the board, but have not become due and payable as of the date disclosure is provided pursuant to this subdivision. Cal. Civ. Code §4525(a)(8) · verified May 2026
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Rental, lease, or tenant prohibition in governing documents, if any Cal. Civ. Code §4525(a)(9)
If there is a provision in the governing documents that prohibits the rental or leasing of any of the separate interests in the common interest development to a renter, lessee, or tenant, a statement describing the prohibition. Cal. Civ. Code §4525(a)(9) · verified May 2026
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Board meeting minutes from previous 12 months (excluding executive session, if requested) Cal. Civ. Code §4525(a)(10)
If requested by the prospective purchaser, a copy of the minutes of board meetings, excluding meetings held in executive session, conducted over the previous 12 months, that were approved by the board. Cal. Civ. Code §4525(a)(10) · verified May 2026
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Pro forma operating budget on accrual basis Cal. Civ. Code §5300(b)(1)
A pro forma operating budget, showing the estimated revenue and expenses on an accrual basis. Cal. Civ. Code §5300(b)(1) · verified May 2026
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Assessment and Reserve Funding Disclosure Summary Cal. Civ. Code §5570(a)
The disclosures required by this article with regard to an association or a property shall be summarized on the following form: Cal. Civ. Code §5570(a) · verified May 2026
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Reviewed financial statement (required if gross income exceeds $75,000) §5305
Unless the governing documents impose more stringent standards, a review of the financial statement of the association shall be prepared in accordance with generally accepted accounting principles by a licensee of the California Board of Accountancy for any fiscal year in which the gross income to the association exceeds seventy-five thousand dollars ($75,000). A copy of the review of the financial statement shall be distributed to the members within 120 days after the close of each fiscal year, by individual delivery pursuant to Section 4040. Cal. Civ. Code §5305§5305 · verified May 2026
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Summary of property, liability, earthquake, flood, and fidelity insurance policies Cal. Civ. Code §5300(b)(9)
A summary of the association's property, general liability, earthquake, flood, and fidelity insurance policies. For each policy, the summary shall include the name of the insurer, the type of insurance, the policy limit, and the amount of the deductible, if any. To the extent that any of the required information is specified in the insurance policy declaration page, the association may meet its obligation to disclose that information by making copies of that page and distributing it with the annual budget report. Cal. Civ. Code §5300(b)(9) · verified May 2026
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Association policies and practices in enforcing lien rights and assessment collection Cal. Civ. Code §5310(a)(7)
A statement describing the association's policies and practices in enforcing lien rights or other legal remedies for default in the payment of assessments. Cal. Civ. Code §5310(a)(7) · verified May 2026
Industry incumbents (HomeWiseDocs, CondoCerts) charge residents $250–$400 per resale certificate.
Under Cal. Civ. Code §4525, the fee must reflect actual cost — preparation, procurement, reproduction, and delivery — itemized, with no padding permitted. With CommunityPay, the board issues the certificate directly from live ledger data, so the actual cost is near zero. Residents typically save $250–$400 per closing.
What California Law Requires
Governance (52)
- 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)
- 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)
- 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)
- 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)
- 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)
- 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)
- 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)
- 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 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)
Financial (17)
- 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)
- 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
- 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
- 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)
- 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
- 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
- The board is required to review the association's finances at least every three months. Cal. Civ. Code §5500 (a)
Assessment (7)
- 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)
- The board must review who owes past-due assessments every quarter. Cal. Civ. Code §5500 (c)
- 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)
Reserves (13)
- 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)
- 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)
Disclosure (9)
- 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)
- 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
- 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
- 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
- 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)
Elections (2)
- 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)
Enforcement (24)
- 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 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 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 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)
Insurance (2)
- 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)
Compliance (8)
- 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)
Sourced from CommunityPay's living legal corpus. Each requirement traces to a primary statute snapshot verified by a subject-matter expert.
Topic Coverage
Assessment Collection
15
Governance Documents
12
Reserve Requirements
10
Enforcement and Fines
9
Elections and Voting
7
Dispute Resolution
6
Foreclosure and Liens
6
Resale Disclosure
6
Fiduciary Duty
5
Meetings and Notice
5
Records Access and Inspection
5
Insurance Requirements
3
Amendment Procedures
1
Construction Defect
1
Each chip links to the California statutes addressing that topic. Counts reflect distinct statute assignments.
Applicable Statutes
All California authorities →
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) of Trusts and the Uniform Trust Code. Applicable to community associations primarily where reserve funds are held by an institutional trustee under an express trust agreement, or where an HOA-affiliated entity holds property in trust for unit owners.
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, the trustee must administer the trust according to California trust law standards. Relevant to HOA reserve trusts and any trust arrangement where the HOA, a managing agent, or an institutional fiduciary holds funds for the benefit of unit owners.
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 it. The petitioner must show that more than 50% of voting power affirmatively approved the amendment, that the petition is reasonable, and that all required notice was provided to members, mortgagees, and local government. Used when a declaration requires (e.g.) 67% or 75% approval to amend but the HOA cannot achieve that turnout despite a majority of voters favoring the change.
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 substantially restructured by SB 410 (Stats. 2025, Ch. 516; effective January 1, 2026). Current enumeration is (a)(1)–(a)(11) plus exclusion in (b). Delivery deadline (10 days) is in §4530(a); fee provisions are in §4530(b).
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 deadline and fee provisions), each codified separately. This entry retains the range descriptor for legacy reference; all facts have been migrated to the individual statutes.
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. 2025, Ch. 516, Sec. 2; effective January 1, 2026), changing from the pre-2026 "Common Interest Development General Information" form to the "Charges for Documents Provided as Required by Section 4525" billing form. The form authoritatively maps each disclosable document back to its source statute (e.g., budget report → §§5300 and 4525(a)(3); insurance summary → §§5300 and 4525(a)(3); enforcement policy → §§5310 and 4525(a)(4)).
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 cancellation and refund rules. Documents may be maintained and delivered electronically. Bundling §4525 documents with unrelated escrow fees is prohibited; fees must be separately stated and separately billed.
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 common area; and any other vote of the membership where required by statute or governing documents.
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 executive-session meetings at least two days in advance. Notice may be posted, mailed, or delivered by other approved methods.
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 given a reasonable opportunity to speak before the board takes action on any item on the agenda.
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 the meeting. Executive session minutes are exempt from this disclosure requirement. The annual policy statement (§5310) must inform members of their right to receive minutes and the procedure for obtaining them.
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 adopted at least 90 days before the election. The association must use an independent inspector of elections.
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 on partial payment of disputed amounts. Limits the disqualification criteria associations may impose on candidates.
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 form used by California 501(c)(3) charities. Rarely the form chosen by HOAs (which typically organize as nonprofit mutual benefit corporations under §7110+) but occasionally used by community associations with substantial public-benefit purposes (e.g., HOAs maintaining publicly-accessible parks or trails).
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 candidates, or under any contract with the association other than the inspector services contract.
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 the ballot. The inspector verifies member identity, separates ballots from identification envelopes, and tabulates the count after the polls close.
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 custody through the challenge window under §5145, then transfers materials to the association. Members may inspect ballots upon written request if a recount or challenge proceeds; confidentiality of individual votes must be preserved.
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 documents. Enhanced association records include the membership list and records reflecting financial transactions with directors.
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; records from prior years within 30 calendar days. The association may charge reasonable copying costs but cannot impose access fees beyond actual cost.
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 returns must be retained for seven fiscal years.
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 duties apply to nonprofit mutual benefit corporation directors under Corp Code §7231 — the form most CA HOAs take. Directors must perform their duties in good faith, in a manner believed to be in the best interests of the corporation, and with the care of an ordinarily prudent person under similar circumstances (the corporate "business judgment rule" baseline).
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 contents: pro forma operating budget, reserve summary, reserve funding plan, deferred maintenance statement, projected special assessments, loan summary, insurance summary, FHA/VA certification status (condos), and a copy of the completed §4528 charges-for-documents form. The Assessment and Reserve Funding Disclosure Summary (§5570) must accompany each annual budget report.
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 with generally accepted accounting principles. A copy of the review must be distributed to members within 120 days after the close of each fiscal year. Section consists of a single paragraph with no lettered subsections.
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 contents: official communications address, notice elections, general notice posting location, member's right to individual notice, right to meeting minutes, assessment collection policy (§5730), lien enforcement policy, discipline policy and penalty schedule (§5850), dispute resolution summary (§§5920, 5965), architectural review requirements (§4765), overnight payment address (§5655), and any other required information.
Board Review of Financial Statements
The board must, at least quarterly, review bank reconciliations, operating fund and reserve account statements, check register, income and expense variance, and the current delinquency list.
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 future repair or replacement of, or additions to, those major components that the association is obligated to maintain.
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 to members in the annual budget report.
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 multifamily dwelling units to have exterior elevated elements (balconies, decks, stairways, walkways, railings supported by wood or wood-based products) inspected by a licensed structural or civil engineer or architect at least once every nine years. The initial deadline was January 1, 2025; subsequent inspections every nine years thereafter, synchronized with reserve study cadence. Buildings where inspection reveals immediate threat must close access and notify code enforcement within 15 days.
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 ratio, and the cash flow projection of when major components must be repaired or replaced.
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 (a complete one-page reserve disclosure covering regular assessment amounts, scheduled and special assessment status, reserve calculations, percent funded, 30-year sufficiency determination, and 5-year projections). Subsection (b) defines key terms and contains the statutory reserve calculation formula (current cost × years in service ÷ useful life).
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 uniformly per the declaration; they cannot exceed the amount necessary for the association's duties.
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 levy special assessments greater than 5% of budgeted gross expenses, without owner approval by majority of a quorum.
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 is levied, in addition to giving rise to a lien against the unit. Assessment debt survives transfer; the association may pursue the prior owner personally even after a sale.
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 the past-due charges, describe the right to dispute or request a meeting with the board, and explain alternative dispute resolution availability.
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 address of the owner, a description of the property, and the name and address of the trustee authorized to enforce the lien.
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, costs of collection, late charges, interest, the legal description of the unit, the record owner's name, and the name and address of the trustee authorized to enforce the lien by sale. An itemized statement of charges must be recorded together with the notice, and a copy must be mailed by certified mail to every owner within 10 days of recordation.
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, but it has priority over later-recorded encumbrances. California does not have a "super-priority" for HOA liens over first mortgages.
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 in the minutes of the next open meeting. The owner must be notified of the decision in writing by certified mail at least 30 days before any foreclosure action.
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 are more than 12 months delinquent. This is California's principal foreclosure-protection floor for owners.
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 a hearing before imposing discipline. The schedule must be distributed annually with the policy statement.
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 under Davis-Stirling, the governing documents, or the Corporations Code. The procedure must be provided to members upon request without charge.
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 actions for declaratory, injunctive, or writ relief (with limited monetary relief). Does not apply to small claims actions or assessment disputes. The companion §5950 imposes the procedural certificate requirement when the action is filed.
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: ADR was completed, the other party refused ADR, or preliminary or temporary injunctive relief is necessary. Failure to file the certificate is grounds for demurrer or motion to strike. Companion provision to §5930.
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 and all subsequent purchasers. Either the association or any owner has standing to enforce. The California Supreme Court in Nahrstedt v. Lakeside Village Condominium Assn. (1994) 8 Cal.4th 361 established that recorded CC&Rs carry a presumption of reasonableness; a challenger must prove unreasonableness as applied to the entire development, not just to the challenger's individual circumstances.
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 — the corporate form used by the vast majority of California HOAs and condominium associations. Mutual benefit corporations exist to benefit their members (homeowners), distinct from public benefit corporations (§5110+, serving charitable purposes) and religious corporations (§9110+).
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 the baseline at one-third of voting power, subject to bylaws and a reconvened-meeting exception. Subsection (e) permits a reduced 20 percent quorum at a reconvened election meeting when the initial meeting lacked quorum.
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, and similar bodies. Rare in the HOA context but occasionally encountered where a community association shares governance with a religious community (e.g., faith-based retirement communities organized as a single legal entity).
Source: California state legislature. Statutes verified by CommunityPay. Last verified May 2026.
Pending & Recent California HOA Legislation
Last action: May 26, 2026
Last action: May 21, 2026
Last action: May 20, 2026
Last action: Jun 1, 2026
Last action: May 28, 2026
Last action: May 27, 2026
Last action: May 27, 2026
Last action: May 27, 2026
Last action: May 27, 2026
Last action: May 27, 2026
36 HOA-relevant bills tracked for California · refreshed Jun 2, 2026 · Source: LegiScan
Case Law Interpreting These Statutes
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 association demonstrated that short-term rentals generated disproportionate use of amenities, security calls, and management time. Annual fees imposed only on …
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 experienced repeated plumbing back-ups and sewage residue in their units over roughly a decade, and the board declined to conduct …
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 by the declaration when the prescribed vote is unattainable. The court must find the amendment is reasonable and the petition …
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 — acting in good faith, on the basis of reasonable investigation, and in what it believes are the best interests of …
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 of a restriction is determined by reference to the development as a whole, not by reference to the objecting homeowner's …
Frequently Asked Questions — California HOA Law
How much can a California HOA charge for a resale certificate?
Under Cal. Civ. Code §4525, a California homeowners association may charge no more than $0 for preparing a resale certificate (the disclosure packet required when a unit is sold). Charges in excess of the statutory cap are not collectible from the seller or buyer.
Source: Cal. Civ. Code §4525
How long does a California HOA have to deliver a resale certificate?
Under Cal. Civ. Code §4530, a California association must deliver the resale certificate within 10 calendar days of a written request from the unit owner, prospective purchaser, or their representative. Missing the deadline carries statutory consequences — including, in many states, release of the buyer from any unpaid amounts the seller owed at the time of the request.
Source: Cal. Civ. Code §4530
How much advance notice must a California HOA give for meetings?
Under Cal. Civ. Code §5115, a California association must give unit owners at least 30 days advance notice of meetings. The notice must specify the date, time, place, and agenda items to be considered. Actions taken at a meeting that violates the notice requirement may be voidable on owner challenge.
Source: Cal. Civ. Code §5115
What is the default quorum for California HOA owner meetings?
Under Cal. Corp. Code §7512, the default quorum at a California unit-owner meeting is 33% of the voting interests, measured at the start of the meeting. The bylaws or declaration may set a higher percentage but generally may not go below the statutory floor. Quorum may be satisfied in person or by proxy.
Source: Cal. Corp. Code §7512
How often must a California HOA conduct a reserve study?
Under Cal. Civ. Code §5550, California associations are required to review the reserve study annually and cause a visual inspection of major components to be conducted at least once every three years to identify the remaining useful life and replacement cost of major common-element components and to recommend a reserve funding plan. The study supports the annual reserve disclosure to owners and the reserve summary required in the resale certificate.
Source: Cal. Civ. Code §5550
Do owners have a right to inspect California HOA records?
Yes. Under Cal. Civ. Code §5210, records must be made available within 10 business days of a written request and financial records must be retained for at least 2 years. The association may charge reasonable copying fees but may not impose access or retrieval fees designed to discourage inspection. Limited categories (attorney-client privileged material, executive-session records, owner-privacy data) may be withheld.
Source: Cal. Civ. Code §5210
Does a California HOA assessment lien have priority over a first mortgage?
No. California does not grant HOA assessment liens super-priority over a first mortgage. Although Cal. Civ. Code §5700 establishes the assessment-lien framework, the HOA's lien sits subordinate to a first-recorded mortgage. Recording date controls relative priority among the remaining junior liens. Collection still proceeds, but the lender does not face the forced-payoff risk seen in true super-priority states such as Washington, Colorado, and Nevada.
Source: Cal. Civ. Code §5700
What is SB 410 and how does it affect California HOAs?
SB 410 (Chapter 291, Statutes of 2023) — "HOA Electronic Voting and Member Notice" — was signed on September 13, 2023 and took effect on January 1, 2024. California SB 410 modernized HOA governance by expanding the use of electronic delivery for member notices and allowing electronic voting in director elections. Updated Civil Code §§4040, 4041, and 5100 to recognize email as a valid method for individual notice to members who have consented, and permitted electronic secret balloting under specified procedural safeguards.
Answers derived from the California legal corpus. Every numeric value (fee caps, deadlines, percentages) is pulled from a primary-source statutory threshold record verified by CommunityPay.
California HOA Fee Benchmark
$378
Avg Median Monthly Fee
$160 – $594
County Range
716747
Units Paying HOA Fees
Source: U.S. Census Bureau, American Community Survey 2023 5-Year Estimates (PUMS). 58 counties with data.
Communities by City
Irvine
3212
San Diego
3027
San Francisco
2067
Los Angeles
1765
Sherman Oaks
1152
San Ramon
1065
Pleasanton
825
San Jose
683
Torrance
641
Glendale
622
Sacramento
622
Aliso Viejo
614
Carlsbad
613
Santa Monica
521
Pasadena
477
Fresno
467
Valencia
459
Walnut Creek
449
Roseville
446
Palm Desert
434
Woodland Hills
433
Long Beach
428
Santa Barbara
421
Anaheim
386
Arcadia
364
Oakland
340
Santa Rosa
321
Modesto
310
San Mateo
306
San Luis Obispo
291
Tustin
287
Temecula
282
Campbell
277
Folsom
277
Huntington Beach
248
Camarillo
247
Claremont
241
Bakersfield
237
South Pasadena
234
Concord
232
La Mesa
230
Santa Ana
218
Santa Cruz
212
Danville
208
Encino
208
El Cajon
207
Oceanside
207
Tracy
202
Costa Mesa
193
Newport Beach
193
Monterey Park
190
Fremont
182
Lake Forest
179
Cathedral City
177
Redondo Beach
177
Alhambra
173
Culver City
173
Foothill Ranch
167
Burbank
164
Stockton
163
Covina
160
Ventura
160
Laguna Hills
159
El Monte
158
Hercules
157
Livermore
157
Los Gatos
156
Visalia
155
Mountain View
154
Ontario
154
San Clemente
154
Chula Vista
152
Santa Maria
152
Chico
151
Escondido
151
Rohnert Park
146
Rocklin
142
Yorba Linda
140
Westminster
137
Chatsworth
136
Mammoth Lakes
136
Rancho Mirage
136
Riverside
136
Palm Springs
132
Napa
130
Beverly Hills
128
Montrose
126
Saratoga
125
Rancho Cucamonga
122
Berkeley
120
Truckee
120
Encinitas
119
San Gabriel
119
Orange
117
Salinas
117
Aptos
115
Petaluma
115
Winnetka
114
Hawthorne
109
Monterey
108
Mission Viejo
106
Monrovia
106
San Leandro
103
Simi Valley
101
Murrieta
100
Sunnyvale
100
Thousand Oaks
99
Upland
98
Novato
97
Canyon Lake
96
Tarzana
96
Atascadero
95
Arroyo Grande
92
Auburn
92
Downey
92
Soquel
92
Northridge
89
La Jolla
88
Oxnard
86
San Marcos
85
Corona
84
Coronado
84
Vacaville
83
Goleta
82
Palo Alto
82
Mission Hills
81
Laguna Niguel
77
Temple City
76
Chino Hills
74
Santee
74
Brea
71
Signal Hill
71
Pleasant Hill
70
San Dimas
70
Gold River
68
Lakewood
67
San Juan Capistrano
64
Studio City
64
Manhattan Beach
62
San Rafael
60
West Hollywood
60
Burlingame
58
Fullerton
58
Lomita
58
Laguna Beach
57
Redwood City
57
Cypress
56
Agoura Hills
55
Santa Clara
55
Sonoma
54
Redlands
53
Westlake Village
53
Alpine Meadows
52
Chino
52
La Quinta
52
Menlo Park
52
Vista
52
Gardena
51
Gilroy
51
Hayward
51
Newbury Park
51
El Segundo
50
Redding
50
San Pedro
50
Van Nuys
50
Capitola
49
Glendora
49
Lafayette
48
Sausalito
48
Alameda
47
Davis
47
Yuba City
47
Cupertino
46
North Hills
46
Inglewood
45
Century City
44
San Bernardino
44
Bellflower
43
North Hollywood
43
Toluca Lake
43
Morgan Hill
42
Victorville
42
Bonsall
41
Grass Valley
41
Hollister
41
Los Altos
41
Turlock
41
Clovis
40
Hermosa Beach
40
Marina Del Rey
40
South Lake Tahoe
40
Cerritos
39
Santa Clarita
39
Yucaipa
39
Whittier
38
Lancaster
37
Malibu
37
Rancho Palos Verdes
37
West Covina
37
Granite Bay
36
Mill Valley
36
Calabasas
35
Del Mar
35
Fair Oaks
35
Arleta
34
Lodi
34
Merced
34
Venice
34
Baldwin Park
33
Carpinteria
33
Hemet
33
La Mirada
33
Madera
33
San Marino
33
Tiburon
33
Bonita
32
Citrus Heights
31
El Dorado Hills
31
Fountain Valley
31
Indian Wells
31
Carmel
30
Diamond Bar
30
Healdsburg
30
Newhall
30
Brentwood
29
Cameron Park
29
Corona Del Mar
29
Dana Point
29
Sonora
29
Los Alamitos
28
Mcclellan
28
Paso Robles
28
Rancho Santa Margarita
28
San Carlos
28
Tahoe City
28
Valley Village
28
La Habra
27
Fillmore
26
Foster City
26
Lompoc
26
National City
26
Pomona
26
Eureka
25
Mentone
25
Canoga Park
24
Carson
24
Castro Valley
24
Rancho Cordova
24
Solana Beach
24
Watsonville
24
Pismo Beach
23
Fairfield
22
Manteca
22
Milpitas
22
Nevada City
22
Seal Beach
22
Alpine
21
Escalon
21
Imperial Beach
21
Lake Elsinore
21
Poway
21
Rancho Santa Fe
21
Rolling Hills Estates
21
Orcutt
20
Santa Fe Springs
20
Scotts Valley
20
Sebastopol
20
Sierra Madre
20
Templeton
20
Elk Grove
19
Fallbrook
19
Lake Arrowhead
19
Big Bear Lake
18
Carmichael
18
Garden Grove
18
Hacienda Heights
18
La Puente
18
Loomis
18
Mount Shasta
18
Ojai
18
Pacifica
18
Paradise
18
Paramount
18
Reseda
18
Richmond
18
South San Francisco
18
Walnut
18
Benicia
17
Highland
17
Kirkwood
17
La Crescenta
17
Moraga
17
Rosemead
17
Solvang
17
West Hills
17
Dublin
16
Emeryville
16
La Verne
16
Montebello
16
Palmdale
16
Placerville
16
Spring Valley
16
Tehachapi
16
Windsor
16
Woodland
16
Alamo
15
Oakdale
15
Oroville
15
Pacific Palisades
15
Ramona
15
Shingle Springs
15
Sylmar
15
Azusa
14
Ceres
14
Half Moon Bay
14
Moreno Valley
14
Morro Bay
14
Murphys
14
Newark
14
Pittsburg
14
Anderson
13
Granada Hills
13
Imperial
13
La Canada
13
Larkspur
13
Lawndale
13
Millbrae
13
Nipomo
13
Orinda
13
Panorama City
13
Tujunga
13
Avalon
12
Buena Park
12
Capistrano Beach
12
Daly City
12
El Centro
12
Harbor City
12
Indio
12
Oakley
12
Olympic Valley
12
Red Bluff
12
Ripon
12
Valley Center
12
Yucca Valley
12
Altadena
11
Arcata
11
Ladera Ranch
11
Lathrop
11
Playa Del Rey
11
Ridgecrest
11
Santa Paula
11
Union City
11
Villa Park
11
West Sacramento
11
Arnold
10
Canyon Country
10
Carmel Valley
10
Commerce
10
Fortuna
10
Jamul
10
Lincoln
10
Los Osos
10
Moorpark
10
Pacific Grove
10
Palos Verdes Estates
10
Patterson
10
Penn Valley
10
Portola
10
Sun Valley
10
Anaheim Hills
9
Belmont
9
Brawley
9
Corte Madera
9
Cudahy
9
Duarte
9
East Palo Alto
9
La Palma
9
Montclair
9
Norwalk
9
Oak Park
9
Orangevale
9
Placentia
9
Portola Valley
9
Saint Helena
9
San Anselmo
9
Vallejo
9
Albany
8
Bishop
8
Borrego Springs
8
City Of Industry
8
Cloverdale
8
Graeagle
8
Greenbrae
8
Grover Beach
8
Ione
8
Jackson
8
Julian
8
Kingsburg
8
Newport Coast
8
Norco
8
Porter Ranch
8
San Bruno
8
Santa Ynez
8
Stanton
8
Alta Loma
7
Bell Gardens
7
Bermuda Dunes
7
Buellton
7
Cardiff-By-The-Sea
7
Cayucos
7
Copperopolis
7
Fontana
7
Groveland
7
Hillsborough
7
June Lake
7
Marina
7
Mariposa
7
Newcastle
7
Pico Rivera
7
Piedmont
7
Porterville
7
Reedley
7
Rowland Heights
7
Susanville
7
Tahoe Vista
7
Ukiah
7
Vernon
7
Winchester
7
Woodside
7
Artesia
6
Blythe
6
Corning
6
Denair
6
Desert Hot Springs
6
El Cerrito
6
Exeter
6
Hanford
6
Hawaiian Gardens
6
Hesperia
6
Kelseyville
6
Kings Beach
6
Los Banos
6
Martinez
6
Mckinleyville
6
Menifee
6
Quincy
6
Rescue
6
San Simeon
6
Seaside
6
South El Monte
6
Trabuco Canyon
6
Tulare
6
Weed
6
Yreka
6
Antioch
5
Apple Valley
5
Atherton
5
Banning
5
Bear Valley
5
Calistoga
5
Cardiff
5
Clayton
5
Colfax
5
Cotati
5
Cottonwood
5
Diablo
5
Diamond Springs
5
Discovery Bay
5
El Sobrante
5
Homewood
5
Huntington Park
5
Kentfield
5
La Habra Heights
5
Lemon Grove
5
Los Altos Hills
5
Meadow Vista
5
Montecito
5
Oakhurst
5
Pebble Beach
5
Phelan
5
Point Reyes Station
5
Rancho Murieta
5
Rialto
5
Rio Vista
5
Royal Oaks
5
San Fernando
5
Santa Rosa Valley
5
Selma
5
Shaver Lake
5
Tahoma
5
Thermal
5
Valley Glen
5
Acton
4
Alturas
4
Anza
4
Atwater
4
Barstow
4
Bass Lake
4
Cambria
4
Cazadero
4
Clearlake Oaks
4
Coachella
4
Cool
4
Crowley Lake
4
Dinuba
4
Durham
4
Eastvale
4
Fairfax
4
Forest Ranch
4
Forestville
4
Gualala
4
Gustine
4
Hilmar
4
Hornbrook
4
Hughson
4
Keene
4
La Canada Flintridge
4
Laguna Woods
4
Lakeport
4
Lakeside
4
Linden
4
Marysville
4
Oak View
4
Palo Cedro
4
Perris
4
Pinole
4
Pollock Pines
4
Port Hueneme
4
Prunedale
4
Rancho Mission Viejo
4
Riverbank
4
San Andreas
4
Sanger
4
San Jacinto
4
San Lorenzo
4
San Martin
4
San Pablo
4
Springville
4
Sunland
4
Sunset Beach
4
Walnut Grove
4
Weaverville
4
Wildomar
4
Willits
4
Yountville
4
Adelanto
3
Agua Dulce
3
Angels Camp
3
Belvedere
3
Bradley
3
Caliente
3
Calimesa
3
Camino
3
Carnelian Bay
3
Chester
3
Coarsegold
3
Colusa
3
El Dorado
3
Farmersville
3
Firebaugh
3
Foresthill
3
Friant
3
Galt
3
Geyserville
3
Greenwood
3
Inyokern
3
Jamestown
3
Joshua Tree
3
Lake Almanor
3
Lake Balboa
3
Lake Isabella
3
Lemoore
3
Loma Linda
3
Los Alamos
3
Mccloud
3
Middletown
3
Needles
3
Nicasio
3
North Highlands
3
Oceano
3
Orland
3
Pauma Valley
3
Penryn
3
Pine Mountain Club
3
Plymouth
3
Prather
3
Rolling Hills
3
Salida
3
San Juan Bautista
3
Shingletown
3
Soda Springs
3
Summerland
3
Sun City
3
Trinity Center
3
Verdugo City
3
Williams
3
Willows
3
Wofford Heights
3
Acampo
2
Antelope
2
Aromas
2
Avila Beach
2
Bell
2
Ben Lomond
2
Bethel Island
2
Blairsden
2
Bodega Bay
2
Bodfish
2
Calexico
2
Carmel-By-The-Sea
2
Cedar Ridge
2
Chowchilla
2
Clearlake
2
Colton
2
Compton
2
Corralitos
2
Crestline
2
Creston
2
Crockett
2
Delano
2
Del Rey
2
Desert Edge
2
Dixon
2
Elk
2
El Macero
2
Etna
2
Felton
2
Fiddletown
2
Fort Bragg
2
Fowler
2
Frazier Park
2
Fulton
2
Garberville
2
Gazelle
2
Glen Ellen
2
Harmony
2
Hidden Hills
2
Hollywood
2
Homeland
2
Jenner
2
Jurupa Valley
2
King City
2
La Selva Beach
2
Laytonville
2
Lewiston
2
Llano
2
Loleta
2
Lower Lake
2
Lucerne
2
Lynwood
2
Markleeville
2
Miranda
2
Montague
2
Montara
2
Monte Sereno
2
Moss Landing
2
Mountain House
2
Mountain Ranch
2
Oakville
2
Pine Grove
2
Pioneer
2
Point Arena
2
Rio Linda
2
Robbins
2
Rough And Ready
2
Salton City
2
San Joaquin
2
Santa Fe Springs
2
Santa Margarita
2
Smith River
2
Soledad
2
Somerset
2
Somis
2
South Gate
2
Stevenson Ranch
2
Strawberry
2
Sutter Creek
2
Taft
2
Three Rivers
2
Topanga
2
Volcano
2
Wasco
2
Woodacre
2
Woodbridge
2
Amador City
1
American Canyon
1
Arvin
1
Auberry
1
Avenal
1
Avila Beach
1
Avocado Heights
1
Baldwin
1
Bayside
1
Beaumont
1
Berry Creek
1
Big Bear City
1
Big Bend
1
Biggs
1
Blue Lake
1
Boron
1
Boulder Creek
1
Burney
1
California City
1
Castaic
1
Catheys Valley
1
Cherry Valley
1
Chualar
1
Clio
1
Coalinga
1
Cold Springs
1
Coleville
1
Columbia
1
Coto De Caza
1
Courtland
1
Crescent City
1
Cromberg
1
Crows Landing
1
Davenport
1
Delhi
1
Del Monte Forest
1
Desert Center
1
Dos Palos
1
Douglas City
1
Dunnigan
1
Dutch Flat
1
El Dorado Hills
1
El Nido
1
Fieldbrook
1
Floriston
1
Fort Jones
1
Freedom
1
French Camp
1
Georgetown
1
Grand Terrace
1
Greenfield
1
Greenville
1
Grenada
1
Gridley
1
Hidden Valley Lake
1
Holtville
1
Huron
1
Igo
1
Inverness
1
Irwindale
1
Junction City
1
La Crescenta-Montrose
1
La Grange
1
Lake Hughes
1
Lake Sherwood
1
Lebec
1
Littlerock
1
Loma Mar
1
Long Barn
1
Los Angeles
1
Los Olivos
1
Loyalton
1
Lytle Creek
1
Magalia
1
Manton
1
Mcarthur
1
McClellan
1
Meadow Valley
1
Mendocino
1
Mendota
1
Midway City
1
Milford
1
Mi Wuk Village
1
Moss Beach
1
Newman
1
North Fork
1
Oak Hills
1
Olancha
1
Pacheco
1
Parlier
1
Penngrove
1
Pinon Hills
1
Posey
1
Post Mountain
1
Potter Valley
1
Quartz Hill
1
Rainbow
1
Redondo Beach
1
Redway
1
Redwood Valley
1
Rodeo
1
Rosamond
1
Ross
1
Running Springs
1
Rutherford
1
Sand City
1
San Jose
1
San Mateo
1
San Miguel
1
Seeley
1
Shafter
1
Shelter Cove
1
Sheridan
1
Sierra City
1
Soulsbyville
1
Stanford
1
Stevinson
1
Stinson Beach
1
Stonyford
1
Stratford
1
Sugarloaf
1
Sutter
1
Thousand Palms
1
Twain
1
Twain Harte
1
Twentynine Palms
1
Vallecito
1
Valley Springs
1
Wawona
1
Weldon
1
West Point
1
Willow Creek
1
Winters
1
Winton
1
Woody
1
Wrightwood
1
Yankee Hill
1
Free download · Email gated
Download the California HOA & Condo Compliance Checklist
One PDF — every active California statute we track, statutory fee caps and time limits, recent legal changes from the last 12 months, and the resale-certificate disclosure profile. Built from CommunityPay's living legal corpus, the same data that drives our resale certificates, reserve reports, and CARI scoring.
- Statutory fee caps and time limits (resale, late fees, lien priority)
- Recent law changes with effective dates
- Resale & estoppel disclosure profile, item by item
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Data sourced from California Secretary of State public registrations. Legal corpus maintained by CommunityPay's editorial team and traced to primary statute snapshots.
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