California HOAs are governed by the Davis-Stirling Common Interest Development Act, codified at Cal. Civ. Code §§ 4000–6150. The Act requires open board meetings, transparent record-keeping, secret-ballot elections, and specific procedures before an HOA can fine, lien, or foreclose against an owner. Certain owner uses are protected by statute — solar energy systems, EV charging stations, political signs, religious displays, and (with limits) rentals. Under AB 3182, HOAs cannot cap rentals below 25% of units. Foreclosure over unpaid assessments is limited — the debt must be at least $1,800 or 12+ months delinquent before the HOA can initiate.
| Governing law | Davis-Stirling Act — Cal. Civ. Code §§ 4000–6150 |
|---|---|
| Applies to | Common Interest Developments (condos, planned developments, cooperatives, community apartments) |
| Open meetings | Required — § 4900 et seq. |
| Record inspection | Owners have broad right to inspect — § 5200 |
| Elections | Secret ballot with independent inspector — § 5100 |
| Solar rights | Protected — Cal. Civ. Code § 714 |
| EV charging | Protected — § 4745 |
| Political signs | Protected — § 4710 |
| Rental cap floor | HOA cannot restrict rentals below 25% of units — AB 3182 |
| Assessment lien | Allowed after 30-day delinquency — § 5670 |
| Foreclosure minimum | $1,800 debt or 12+ months delinquent — § 5720 |
| Fine notice | Written notice + opportunity to be heard required — § 5855 |
The Davis-Stirling Act
Nearly every California HOA — condominiums, planned developments, and stock cooperatives — is governed by the Davis-Stirling Common Interest Development Act. The Act runs from Cal. Civ. Code § 4000 through § 6150 and prescribes how HOAs must operate: meetings, elections, records, assessments, fines, dispute resolution, and much more.
The Act is a comprehensive statutory scheme — it preempts and standardizes many procedures that used to vary from HOA to HOA. Owners cannot waive many Davis-Stirling protections, and CC&R provisions inconsistent with the Act are unenforceable.
Governing documents hierarchy
Every California HOA has three main layers of governing documents, applied in order of precedence:
- Declaration of Covenants, Conditions & Restrictions (CC&Rs) — recorded against every lot; the top-level document.
- Bylaws — govern how the HOA is run internally (meetings, officers, board composition).
- Operating Rules — day-to-day policies adopted by the board (parking, pool hours, architectural standards).
In case of conflict, higher-level documents win: statute > CC&Rs > bylaws > rules. And no governing document can override the Davis-Stirling Act.
Board fiduciary duty
HOA directors owe a fiduciary duty to the association and its members under Cal. Corp. Code § 7231 (adopted by reference in Davis-Stirling). The three main duties:
- Duty of care. Act with the diligence a reasonably prudent person in the same position would use.
- Duty of loyalty. Act in the best interest of the association, not personal interest.
- Duty of good faith. Act honestly and without ulterior motive.
Directors who breach these duties can face personal liability, though the "business judgment rule" protects good-faith decisions even if they turn out poorly.
Open meetings & notice
Under Cal. Civ. Code § 4900 et seq. (the Davis-Stirling "open-meeting" rules — analogous to but not identical to the Brown Act for public agencies), HOA board meetings must be open to members with specific exceptions.
Notice requirements
- Regular board meetings: at least 4 days' notice by general delivery to members.
- Executive session meetings (closed): 2 days' notice; agenda must state general nature only.
- Emergency meetings: may be called without advance notice but must be documented in the minutes.
Executive session (closed) topics
Boards may go into closed executive session only to discuss:
- Litigation.
- Matters concerning a specific member's contract or discipline.
- Personnel matters.
- Certain third-party contracts pending negotiation.
Record inspection rights
Under Cal. Civ. Code § 5200 et seq., owners have broad rights to inspect and copy association records. Records include financial statements, meeting minutes, board policies, vendor contracts, insurance policies, member lists, and check registers.
The HOA must produce most records within 10 business days of a written request. Certain sensitive records (litigation materials, employee personnel files, third-party contracts under negotiation) are protected. Members can be charged the direct cost of copying but not for staff time.
Elections by secret ballot
HOA director elections and certain other votes (including CC&R and bylaw amendments, and grants of exclusive use of common area) must be conducted by secret ballot with an independent inspector of elections, under Cal. Civ. Code § 5100 et seq.
Key election rules:
- Independent inspector of elections (not a director or candidate).
- Members receive ballots at least 30 days before the election.
- Voter identifications must be verified against membership lists.
- Ballots are tabulated by the inspector, not the board.
- Election records must be preserved for 1 year.
Protected uses (solar, signs, EV chargers, religious display)
California statutes explicitly protect several owner uses despite conflicting CC&Rs:
- Solar energy systems (Cal. Civ. Code § 714)
- HOAs cannot effectively prohibit or unreasonably restrict rooftop solar. "Unreasonable" means anything that increases installation cost by more than $1,000 or reduces efficiency by more than 10%.
- EV charging stations (Cal. Civ. Code § 4745)
- HOAs must allow owners to install and use EV charging stations, subject to reasonable safety and aesthetic requirements. The HOA cannot flatly prohibit them.
- Political signs (Cal. Civ. Code § 4710)
- HOAs cannot prohibit political signs on an owner's separate interest. Reasonable restrictions on size and placement are allowed.
- Religious displays (Cal. Civ. Code § 1940.45)
- Owners may display religious items visible from the entry to their separate interest, subject to size limits.
- American flag (Cal. Civ. Code § 4705)
- Owners may display the US flag; HOA can impose reasonable restrictions on flag pole location.
Rental restrictions & AB 3182
AB 3182 (effective January 1, 2021) limited HOAs' authority to restrict rentals:
- HOAs cannot cap rentals below 25% of the total units.
- HOAs cannot impose a minimum rental duration of more than 30 days (so 30-day-plus rentals must be allowed, but short-term rentals under 30 days can still be restricted).
- HOAs cannot prohibit accessory dwelling units (ADUs) or junior ADUs where the owner occupies the primary unit.
Existing rental caps under 25% adopted before AB 3182 must be brought into compliance. HOAs can still impose reasonable rental registration procedures, tenant behavior standards, and security-deposit requirements.
Assessments, liens & interest
HOAs fund operations through regular monthly or annual assessments (dues) and special assessments for specific projects. Owners are personally liable for unpaid assessments, and the HOA has statutory tools to collect:
- Late fees — up to 10% of the delinquent amount or $10, whichever is greater (Cal. Civ. Code § 5650(b)(1)).
- Interest — 12% per annum on delinquent amounts (§ 5650(b)(2)).
- Collection costs — reasonable attorney fees and collection expenses.
- Assessment lien — recorded against the property after specific notice and 30-day delinquency (§ 5670 et seq.).
Assessment foreclosure limits
California limits HOA foreclosure over unpaid assessments in ways many other states do not. Under Cal. Civ. Code § 5720, before an HOA can foreclose (judicial or nonjudicial) on an assessment lien, either:
- The delinquent assessments must be at least $1,800 (excluding late fees, interest, and collection costs), or
- The assessments must be at least 12 months delinquent.
Additionally, the board must vote in open session to authorize foreclosure, and the owner has specific rights to pay off the debt at various stages to stop the foreclosure.
Dispute resolution requirements
Before suing an HOA (or being sued by one) over most disputes, the parties must go through internal dispute resolution (IDR) and, for many disputes, alternative dispute resolution (ADR) — typically mediation. See Cal. Civ. Code § 5900 et seq.
Owners can request IDR at any time to try to resolve disputes with the board informally. For lawsuits about the enforcement of governing documents or the Davis-Stirling Act, ADR is a prerequisite to filing — you must serve a Request for Resolution and either the other party must agree to ADR or refuse before you can sue.
State agency contact
California Department of Real Estate & California Bureau of Real Estate Appraisers
State agencies with limited HOA oversight; most enforcement is private civil action
Compared to neighboring states
Related California laws
Related comparisons
Related guides
Recent changes
- January 1, 2021AB 3182 capped rental restrictions — HOAs cannot restrict rentals below 25% of units, cannot require minimum stays over 30 days, and cannot prohibit ADUs where owner occupies primary unit.
- 2019AB 670 clarified that HOAs cannot prohibit accessory dwelling units where state ADU law otherwise permits them.
- 2014California Legislature reorganized and renumbered the Davis-Stirling Act into its current § 4000 et seq. structure; substantive provisions were largely preserved.
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Sources
Primary sources
- Davis-Stirling Common Interest Development Act — Cal. Civ. Code §§ 4000–6150. The core HOA statute. https://leginfo.legislature.ca.gov/faces/codesTOCSelected.xhtml?tocCode=CIV
- Cal. Civ. Code § 714 — Solar rights. Protected owner use. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=714
- Cal. Civ. Code § 5100 et seq. — HOA elections. Secret ballot and inspector requirements. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=5100
- Cal. Civ. Code § 5720 — Foreclosure limits. $1,800 / 12-month threshold. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=5720
- AB 3182 (2020) — Rental restriction cap. Effective January 1, 2021. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB3182