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.
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.
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.
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.