In keeping a community’s peace and order, associations need to create and enforce HOA rules. However, these regulations need to remain consistent with legal tenets that are higher in the hierarchy.
What are HOA Rules?
The guidelines and community standards that everyone in a planned community should uphold are listed in the HOA rules. They usually address practical community issues and how residents should conduct themselves as members of the community.
Usually, the rules are tailored to the HOA’s current status. For example, communities in drier climates may have different landscaping rules than those in areas with high humidity.
HOA rules and regulations tend to be more specific and build on other legal frameworks that govern HOAs. This means these regulations add the details needed to make the guidelines clearer. However, rules can’t confer any authority that your HOA doesn’t already have.
The Legal Bases for HOA Rules
While HOA rules provide specifics, they still need to be consistent with other legal requirements. Usually, HOAs will need to consider the following in creating HOA rules:
What are CC&Rs?
Your HOA’s Covenants, Conditions, and Restrictions, or CC&Rs, serve as the foundation of all your community’s restrictions. These are recorded against the property. Usually, the CC&Rs explain the homeowners’ rights, restrictions, the community’s architectural standards, a member’s overall obligations, and the association’s enforcement powers.
Since the CC&Rs affect property rights, they tend to carry more weight than ordinary operating HOA rules. If any association policy conflicts with the CC&Rs, the CC&Rs usually take precedence unless the law says otherwise.
What are HOA Bylaws?
Another governing document, the HOA bylaws, covers how your association operates. These generally outline the proper board election process, board member duties, proper meeting procedures, and other governance matters.
What is State Law?
State laws are rules established by the government. These are usually followed and enforced throughout the state and take precedence over any HOA governing document.
In California, homeowners associations are mostly governed by the Davis-Stirling Common Interest Development Act. It outlines what the government requires HOAs to do and not do regarding community governance and homeowners’ rights.
However, legislation is always evolving. New bills become law over time. As a result, community associations often need to adapt to ensure compliance. Older rules that conflict with newly enacted bills should be formally amended through the proper process.
What are Local Ordinances?
Ordinances are another set of rules that the government has assigned, albeit more localized. These are laws that apply and are adopted by cities or counties. Typically, they should follow and be consistent with the wider state laws.
Which Rules Take Precedence?
As is the case everywhere, the order of legal authority always starts with the state law and local ordinances. This means that if your HOA’s governing documents conflict with the letter of the law, the law takes precedence.
Right next to the laws are the HOA’s CC&Rs, followed by other governing documents such as the articles of incorporation and bylaws.
At the bottom of the hierarchy are the HOA rules or operating rules. These rules are usually made by the HOA board and are intended to carry out what was stipulated in the more powerful legal documents.
Common California HOA Rules
Because of its location and circumstances, California law tends to have many specific provisions that HOA rules must follow. Some of them include:
Landscaping and Water Use
In California, legislation limits the extent to which HOAs can regulate landscaping and water use. Based on those laws, the HOA can set reasonable standards for its landscaping and gardening policies. However, they don’t have the power to ban low-water plants or the use of artificial turf outright.
These laws are usually in place due to the climate, particularly in Southern California. A large part of that region is prone to drought conditions, so water conservation was deemed necessary.
Rentals and Short-Term Rentals
Another common rule among California HOAs is how rental properties are handled. The state’s law restricts an association from banning or unreasonably restricting rentals longer than 30 days. However, it retains the HOA’s ability to decide whether to prohibit short-term rentals, typically 30 days or less.
Having these rules in place is crucial for planned communities where Airbnbs and other short-term rentals are a prevalent form of business.
Flags and Displays
California allows homeowners’ associations to regulate how flags and signage are displayed. However, the law stops them from banning every non-commercial sign based on a resident’s separate interest.
In most cases, the HOA board should be careful when drafting laws governing speech and expression.
Electric Vehicle Charging
The use of electric vehicles has been increasing in recent years. As a result, more and more charging stations have been popping up in HOAs. In California, the law usually stops associations from making restrictions that ban these charging stations.
However, California HOAs can still create rules and requirements related to architectural requests and installation requirements.
How to Resolve Conflicting HOA Rules
There are times when laws are updated or when your existing HOA rules go against them. When this happens, the HOA board should pause before trying to enforce it and try to amend it.
The first thing associations should do to resolve conflicting rules is compare them with the governing documents and applicable legislation. Try to identify the element causing the conflict and change it accordingly.
If you see that the clash comes from updated rules or overly vague ones, you can start the amendment procedures. For this, the HOA should send notice to its members and conduct an HOA meeting. Doing so lets residents have the opportunity to comment. It also helps avoid any surprises when it comes to policy changes.
During the meeting, the HOA board should clearly explain why the amendments are needed and why that rule is necessary. This helps homeowners understand the purpose of both the rule and the change being made.
Keeping HOA Rules Fair and Legal
HOA rules work when they’re clear and consistent with the law. They should support the community’s goals without exceeding the board’s authority.
Optimum provides expert management services to community associations in Southern California. Call us today at (714) 508-907 or contact us online to learn more!
