HOA Laws in California

Homeowners associations in California are governed by the Davis-Stirling Common Interest Development Act, found at Civil Code Section 4000 and following. It is one of the most detailed HOA laws in the country and applies to most common interest developments, including planned developments and condominiums. This guide summarizes the areas boards ask about most. It is general information, not legal advice.

The governing statute

Davis-Stirling sets extensive rules for California HOAs, covering meetings, elections, records, reserves, assessments, and dispute resolution, alongside your community's recorded documents. Most California HOAs are also incorporated as nonprofit mutual benefit corporations, so the Nonprofit Mutual Benefit Corporation Law (Corporations Code Section 7110 and following) governs corporate matters such as member and board meetings, director duties, quorum, and voting.

Meetings and open-meeting rules

Under the Common Interest Development Open Meeting Act (Civil Code Section 4900 to 4955), board meetings must generally be open to members with notice and an agenda, and boards may meet in executive session only for limited matters such as legal advice, contracts, personnel, and member discipline.

Elections and voting

Board elections and many other member votes must use a secret double-envelope ballot and an independent inspector of elections, under Civil Code Section 5100 to 5145. The statute sets detailed timelines, candidate qualification rules, and access to the membership list.

Records access and owner inspection

Members have broad rights to inspect and copy association records under Civil Code Section 5200 to 5240, on defined timelines and at reasonable cost, with limited categories of protected records.

Assessments, liens, and foreclosure

Associations may levy assessments and record a lien for unpaid amounts, but Davis-Stirling limits collection. Before foreclosing, the association must follow pre-lien notice and internal dispute resolution steps, and it generally cannot foreclose an assessment lien unless the delinquent amount exceeds $1,800 or is more than 12 months overdue, under Civil Code Section 5720.

Reserves and budgets

Associations must conduct a reserve study at least once every three years, review it annually, and disclose reserve funding to members. As of 2025, the reserve study must also include gas, water, and electrical service lines the association maintains.

Fines, enforcement, and due process

Before imposing discipline or a monetary penalty, the association must give notice and an opportunity for a hearing, and must adopt and distribute a schedule of penalties. Enforcement must be reasonable and consistent with the governing documents.

Dispute resolution

Davis-Stirling requires associations to offer internal dispute resolution on request, and to complete alternative dispute resolution before filing many types of lawsuits over the governing documents or the Act.

Owner protections on common restrictions

California strongly limits HOA restrictions on solar energy systems, electric vehicle charging stations, the display of the United States flag and noncommercial signs, water-efficient landscaping, and accessory dwelling units, among others. Review the specific statute before denying a related request.

Where to get official help

The full text of the Davis-Stirling Act is available from the California Legislature. For a specific situation, consult a California attorney experienced in common interest development law.