Illustration of windows with open shutters, and people looking out

Right to Access HOA Documents

Homeowners have the right to access certain HOA documents, including governing documents (CC&Rs – Covenants, Conditions, and Restrictions), bylaws, rules and regulations, financial statements, meeting minutes, and accounting records. Members can inspect and copy the association’s books and records with limitations. Associations need only produce records for the current fiscal year and two previous fiscal years. (Civ. Code § 5210(a))

Associations must produce records within the following time frames: General Meeting Minutes shall be made available to members within 30 days of the meeting and distributed upon request. (Civ. Code § 4950) All minutes of previous membership and board meetings (other than executive sessions) must be produced within 30 days following the association’s receipt of the request. (Civ. Code § 5210(b)(4))

Financial Records & Governing Documents: Any financial record available under Civil Code § 5300 or governing documents Civil Code § 4525  within the following time frames:

  • Current Fiscal Year: Records for the current fiscal year within 10 business days of receipt of the request (Civ. Code § 5210(b)(1));
     
  • Prior Fiscal Years: Records for the previous two fiscal years, within 30 calendar days of receipt of the request (Civ. Code § 5210(b)(2));

Membership List: Within the time frame specified in Corporations Code § 8330, i.e., 5 business days. (Civ. Code § 5210(b)(6))

Associations can charge direct and actual costs of copying and mailing records required to be provided pursuant to Civil Code § 5200. (Civ. Code § 5205(f)).

Right of HOA Homeowners to Electronic Delivery of General Notices Including Agendas

How do homebound, disabled, and absentee homeowners get access to HOA general notices including agendas? In many HOA communities, a notice may be placed in one designated location. Under California Civil Codes 4045, if “a member requests general notices by individual delivery, all general notices to that member shall be delivered pursuant to Civil Code 4040” which “requires that an association deliver a document by ‘individual delivery’ or ‘individual notice’, the document shall be delivered by one of the following methods: email, facsimile, or other electronic means, if the recipient has consented, in writing or by email, to that method of delivery.

Right to Attend and Participate in Meetings

Homeowners have the right to attend HOA board meetings, general meetings, and annual meetings. They may also have the right to speak during open forum portions of the meetings, subject to reasonable time limitations.

The Open Meeting Act allows the board to establish reasonable time limits but there is no limit on the number of topics members can raise. (Civ. Code § 4930(a)) During the open forum portion of board meetings, members may ask questions, but the board’s ability to answer them is limited by statute. As provided in Civil Code § 4930(b), boards may: ask a question for clarification, make a brief announcement, or make a brief report on the person’s activities, whether in response to questions posed by a member or based upon the person’s initiative.

Right to Vote

Homeowners generally have the right to vote on important matters affecting the HOA, such as the election of board members, amendments to governing documents, and the approval of budgets and assessments.

Right to Fair Election Procedures

Homeowners have the right to fair and transparent election procedures for the election of board members. The HOA must provide notice of elections, accept nominations, and conduct the election in a manner that ensures each homeowner has an equal opportunity to participate.

Right to Receive Financial Disclosures

Homeowners have the right to receive financial disclosures, including annual budgets, financial statements, and reserve study reports. These documents help homeowners understand the financial health of the HOA and how their assessments are being used.

Right to Petition for Redress

Homeowners have the right to petition the HOA board for redress of grievances or to request changes in rules and regulations. The board must consider these petitions in good faith and respond in a reasonable manner.

Right to Fair Treatment and Non-Discrimination

Homeowners have the right to be treated fairly and without discrimination by the HOA board and management. HOAs cannot discriminate against homeowners based on race, color, religion, sex, sexual orientation, gender identity, national origin, familial status, or disability.

Right to Enforce Governing Documents

Homeowners have the right to enforce the provisions of the governing documents against other homeowners or the HOA itself. This includes the right to take legal action, if necessary, to enforce the CC&Rs or resolve disputes.

Right to Dispute Resolution (Internal Dispute Resolution – IDR)

If a homeowner has an issue or dispute with their association and it hasn’t been resolved, the homeowner can request Internal Dispute Resolution (IDR). When a homeowner requests IDR, the association cannot refuse. Often this procedure is referred to as “Meet and Confer”. The association is required to provide a “fair, reasonable, and expeditious procedure for resolving a dispute” between the association and a member. This is reflective under the association’s governing documents or the Davis-Stirling Act (Civ. Code §5905 & §5910). The purpose of IDR is to provide a non-judicial forum to resolve disputes between a member and the association that will not result in a fee or a charge to the member.

Under Civil Code § 5910, Minimum Requirements for Internal Dispute Resolution
A fair, reasonable, and expeditious dispute resolution procedure shall, at a minimum, satisfy all of the following requirements: a) The procedure may be invoked by either party to the dispute. A request invoking the procedure shall be in writing; (b) The procedure shall provide for prompt deadlines. The procedure shall state the maximum time for the association to act on a request invoking the procedure;
(c) If the procedure is invoked by a member, the association shall participate in the procedure;
(d) If the procedure is invoked by the association, the member may elect not to participate in the procedure. If the member participates but the dispute is resolved other than by agreement of the member, the member shall have a right of appeal to the board;
(e) A written resolution, signed by both parties, of a dispute pursuant to the procedure that is not in conflict with the law or the governing documents binds the association and is judicially enforceable. A written agreement, signed by both parties, reached pursuant to the procedure that is not in conflict with the law or the governing documents binds the parties and is judicially enforceable;
(f) The procedure shall provide a means by which the member and the association may explain their positions. The member and association may be assisted by an attorney or another person in explaining their positions at their own cost;
(g) A member of the association shall not be charged a fee to participate in the process.

Other Facts About IDR

  • The Association can’t drag its feet and delay IDR. The procedure shall provide for prompt deadlines.
  • Meet at a mutually convenient time and place.
  • Both the homeowner and association should act in good faith to resolve the dispute.
  • If a member requests IDR, the association must participate.
  • If the association requests IDR, the member may choose not to participate.
  • The board of directors shall designate a director to meet and confer with the homeowner.
  • If a resolution is agreed upon by the parties must be memorialized in writing and signed by the parties, including the board designee, on behalf of the association.
  • Attorney or Other Person Allowed. At IDR, the homeowner and association may be assisted by an attorney or another person in explaining their positions at their own cost.
  • The association may not charge members a fee to participate in IDR.
  • Associations must annually notify homeowners of IDR and ADR dispute resolution procedures.

Additionally, Homeowners have certain rights and obligations under CA Civil Code 4515

You can read it HERE.

It’s important to note that the specific rights and obligations of homeowners in a homeowners association can vary depending on the provisions in the CC&Rs and other governing documents of the particular HOA. Therefore, it is advisable to review the specific governing documents of your HOA to understand the rights and responsibilities applicable to your situation.