California HOA laws are governed primarily by the Davis-Stirling Common Interest Development Act, codified at California Civil Code sections 4000 through 6150. The Act covers assessments, elections, open meetings, record access, enforcement, dispute resolution, and homeowner rights for all common interest developments in California, including planned communities, condominiums, and stock cooperatives. California updates HOA law nearly every legislative session, making compliance an ongoing obligation for every board.
Legal Disclaimer
This article provides general information about California HOA laws for educational purposes only. It does not constitute legal advice and does not create an attorney-client relationship. California HOA law changes frequently. Board members should consult a licensed California HOA attorney before making decisions with legal consequences for their association.
California has more HOA residents than any other state, with approximately 15,000 community associations housing roughly 14 million people across planned communities, condominium developments, and stock cooperatives. The Davis-Stirling Act is the most comprehensive HOA statute in the country, and California updates it nearly every year. For board members, managers, and attorneys, staying current is not optional.
This guide covers the full California HOA legal framework, the most significant 2025-2026 legislative changes, unenforceable rules under California law, and what every board should have on its compliance checklist heading into the second half of 2026.
The Davis-Stirling Common Interest Development Act
The Davis-Stirling Act, found at California Civil Code sections 4000 through 6150, is the foundational legal framework for every HOA, condominium association, and stock cooperative in California. Enacted in 1985 and reorganized in 2014, it sets out mandatory procedures for elections, assessments, enforcement, records access, and dispute resolution that override any inconsistent CC&R provisions.
The Act applies retroactively to all common interest developments regardless of when they were created. Key areas it covers include:
• Assessments: Procedures for levying, collecting, and enforcing regular and special assessments, including lien and foreclosure authority.
• Elections: Mandatory secret ballot procedures, inspector of elections requirements, and quorum rules for director elections and governing document amendments.
• Open meetings: Notice requirements, agenda posting timelines, executive session limits, and homeowner attendance rights.
• Record access: The categories of records homeowners may inspect and copy, timelines for production, and fees associations may charge.
• Enforcement: Pre-fine notice requirements, opportunity to cure, hearing procedures, and IDR and ADR obligations before escalating disputes.
• Disclosures: Annual disclosures to homeowners including the budget summary, reserve study, insurance summary, and now exterior elevated element inspection reports under SB 410.
California Davis-Stirling Act full text (California Legislative Information)
2025-2026 California HOA Law Changes: What Boards Must Know
California passed several bills with significant HOA implications in 2024 and 2025. Here are the ones every California board needs to understand.
AB 130: The $100 Fine Cap (Effective July 1, 2025)
Assembly Bill 130, signed June 30, 2025 and effective immediately, is the most operationally disruptive California HOA law change in years. It amends Civil Code Section 5850 to cap most HOA fines at $100 per violation.
The key provisions boards need to understand:
• $100 cap on most violations: Civil Code 5850(c) limits the maximum fine for most violations to $100.
• No late fees or interest: Late fees and interest on unpaid fines are now prohibited under the Davis-Stirling Act.
• Expanded cure opportunities: Homeowners must be given expanded opportunities to cure violations before a disciplinary hearing proceeds.
• IDR requirement: Internal dispute resolution (IDR) is now a required step before many enforcement actions, though the statute is ambiguous about whether IDR is mandatory for both parties.
• Exception for health and safety: Fines above $100 are permitted only when a violation presents a documented health or safety risk and the board makes that finding in an open meeting.
What Is Not Defined
AB 130 does not define what constitutes a separate violation for repeat or ongoing conduct. It does not define what qualifies as a health or safety violation. Until California courts or subsequent legislation clarifies these ambiguities, boards should consult legal counsel before imposing fines above $100 and document health or safety findings carefully in open meeting minutes.
In practice, AB 130 reduces the deterrent effect of monetary penalties. Documentation, procedural consistency, and escalation to IDR and ADR will matter more than the size of a fine in resolving disputes.
AB 130 detailed analysis (Roseman Law, APC — January 2026)
SB 326: Balcony Inspection Deadline Was January 1, 2026
Senate Bill 326 required California condominium HOAs with three or more units to complete initial inspections of exterior elevated elements by January 1, 2026. The January 2026 deadline has now passed. If your association has not completed the inspection, you are out of compliance and facing potential enforcement action.
SB 326 applies only to exterior elevated elements supported substantially by wood or wood-based materials, more than six feet above ground. This covers balconies, decks, walkways, and stairways. Planned developments and apartment buildings without HOAs are governed separately by SB 721.
Key inspection requirements:
• A licensed architect, structural engineer, civil engineer, or certified building inspector must conduct the inspection
• A statistically significant sample, typically at least 15%, must be inspected to provide 95% confidence with a 5% margin of error
• The stamped report must be delivered to the board within 45 days
• The report must estimate remaining useful life of at least six years and include repair recommendations
• Reports must be retained for at least 18 years and incorporated into the reserve study
• Inspections must be repeated every nine years thereafter
If You Have Not Complied
Local building departments may impose fines, recover enforcement costs, and place liens on the property. Insurance coverage for injuries related to elevated elements may be jeopardized. Boards that have not yet completed SB 326 inspections should engage a qualified inspector immediately and consult legal counsel.
SB 326 resources (Structural Engineers Association of California)
SB 410: Exterior Elevated Element Inspection Reports Now Required in Transfer Disclosures (Effective January 1, 2026)
Senate Bill 410, effective January 1, 2026, adds exterior elevated element inspection reports to the mandatory disclosure package that sellers must provide to prospective buyers. Specifically:
• Civil Code 4525 amendment: Sellers must include the most recent SB 326 inspection report in the transfer disclosure package delivered to prospective buyers.
• Civil Code 4528 amendment: The statutory document-fee disclosure form is updated to reflect this added requirement.
For HOA boards, this means the inspection report is now a transaction document. Every resale in the community will require the board to produce the current inspection report quickly and accurately. Boards that have not completed their SB 326 inspection now face not just regulatory exposure but also the risk of transaction delays and potential disclosure liability.
For buyers, SB 410 ensures you receive structural safety information about balconies and elevated walkways before completing a purchase. Request the report and review it before removing contingencies if you are purchasing in a condominium development.
SB 410 full text (California Legislative Information)
SB 770: EV Charging Station Insurance Simplified (Effective January 1, 2026)
Senate Bill 770, effective January 1, 2026, amends Civil Code 4745 to remove the requirement that homeowners installing EV charging stations in common areas or exclusive-use common areas must name the HOA as an additional insured on their personal insurance policy.
Previously, associations frequently faced disputes with homeowners over insurance requirements for EV charging installations. The additional insured requirement was a common barrier. SB 770 removes it, simplifying the approval process for EV charging requests. Boards should update their architectural review procedures and any existing EV charging station policies to reflect this change.
SB 770 full text (California Legislative Information)
Unenforceable HOA Rules in California
California law limits HOA authority in several specific areas. Rules that conflict with state or federal law are unenforceable regardless of when they were recorded. The 'unenforceable hoa rules california' and 'hoa rules california' keyword clusters have both seen +120% three-month growth, signaling strong homeowner interest in understanding exactly what their HOA can and cannot enforce.
Common unenforceable HOA provisions under California law:
• Rules prohibiting solar energy systems: California Civil Code 714 gives homeowners the right to install solar energy systems on their own property. HOA rules that outright ban solar panels are unenforceable. Associations may set reasonable aesthetic requirements but cannot prohibit installations that meet state standards.
• Rules prohibiting electric vehicle charging: California Civil Code 4745 gives owners in common interest developments the right to install EV charging stations in their designated parking spaces. HOA rules that prohibit EV charging are unenforceable. SB 770 (effective January 1, 2026) further simplified the process by removing the additional insured insurance requirement.
• Rules prohibiting drought-tolerant landscaping: California Government Code 8604 prohibits HOAs from fining homeowners for replacing water-intensive plants with drought-tolerant alternatives, or for allowing lawns to go brown during drought conditions. Rules that mandate water-intensive landscaping conflict with state water conservation law.
• Rules prohibiting the display of the US flag: Federal law and California Government Code 434.5 protect the right to display the US flag. HOA rules that ban flag display entirely are unenforceable.
• Rules that violate the Fair Housing Act: Restrictions based on race, color, religion, national origin, sex, familial status, disability, or other protected characteristics are void under federal and California fair housing law.
• Rules prohibiting ADUs: California state law (Government Code 65852.2 and related statutes) gives homeowners broad rights to build accessory dwelling units. HOA rules that prohibit or unreasonably restrict ADUs in conflict with state law are unenforceable.
• Rules prohibiting smoking in private units (outdoors): HOAs may regulate smoking in common areas but restrictions on smoking within a homeowner's private residence or private outdoor space require careful legal review. Blanket bans on smoking in private areas are frequently challenged.
• Fines that violate AB 130: Since July 1, 2025, fine amounts above $100 for non-health-and-safety violations are unenforceable under the Davis-Stirling Act. Late fees and interest on unpaid fines are also unenforceable.
• Selectively enforced rules: California courts have consistently found that rules applied inconsistently across homeowners may be unenforceable against any homeowner who can show the inconsistency. Boards must apply all rules uniformly.
California HOA Board Meeting Rules
California HOA board meetings are governed by the Davis-Stirling Act, which requires most meetings to be open to homeowners. Key requirements:
Under AB 1572, passed in a prior session, members have the right to audio or video record the open portions of board meetings. Boards cannot prohibit recording. Policies that attempt to restrict recording rights are unenforceable.
For a full breakdown of board governance requirements, see HOA board member responsibilities and rules.
California HOA Assessment Rules and Special Assessments
Assessments are the primary funding mechanism for California HOAs. The Davis-Stirling Act governs both regular and special assessments.
Regular Assessments
Regular assessments fund the operating budget and reserve contributions. The board has authority to increase regular assessments by up to 20% per year without a member vote. Increases above 20% require approval from a majority of a quorum of members.
Special Assessments
Special assessments fund unexpected costs not covered by the operating budget or reserves. The board may levy special assessments totaling up to 5% of the current fiscal year's budgeted gross expenses without a member vote. Special assessments above that threshold require majority member approval.
The keyword 'hoa special assessment rules california' has seen +100% growth in both three-month and year-over-year metrics, reflecting growing homeowner concern about unplanned assessments. Boards that maintain a current reserve study and funded reserve account significantly reduce the likelihood of large special assessments.
Special Assessment Note
SB 900 (effective January 1, 2025) allows emergency assessments or loans without a member vote when reserves are insufficient and a common area utility disruption must be repaired within 14 days. Emergency assessments under this provision must still meet notice requirements and be disclosed to homeowners.
For reserve fund planning principles, see HOA reserve funds. For financial transparency obligations, see HOA financial transparency.
California HOA Common Area Laws
The board's authority and responsibility over common areas is one of the most legally significant aspects of California HOA governance. Common areas include all property owned by the association: landscaping, pools, clubhouses, walkways, parking areas, and in condominium associations, the building exterior, roof, and shared systems.
Key common area obligations under California HOA law:
• Maintenance duty: The board has an affirmative duty to maintain common areas in good repair and safe condition. Deferred maintenance on common elements can expose the board to liability claims and enforcement by the California Department of Real Estate.
• Inspection obligations: SB 326 mandates periodic inspection of exterior elevated elements. Reserve studies must inventory all major common components and estimate their remaining useful life.
• Access for repairs: The board may access individual units to make emergency repairs to common elements after providing reasonable notice.
• Liability for conditions: Boards that know about a dangerous condition in a common area and fail to act can be found liable for resulting injuries. SB 326's balcony inspection requirement was enacted specifically to address this risk.
• Parking in common areas: California HOA rules on parking in common areas must be clearly established in the CC&Rs or rules and consistently enforced. Towing from common areas requires specific notice requirements under California Vehicle Code 22658.
California HOA Homeowner Rights
• Right to inspect records: Homeowners may request and inspect a defined list of association records within 10 business days of a written request.
• Right to vote: Elections must use secret balloting with an inspector of elections. Member votes are required for assessment increases above 20%, special assessments above 5% of budget, and governing document amendments.
• Right to speak at open meetings: Homeowners must be given a reasonable opportunity to speak at every open board meeting.
• Right to dispute resolution: The Davis-Stirling Act requires associations to offer IDR and ADR processes before certain enforcement actions. Small claims court jurisdiction was raised to $12,500 under SB 71.
• Right to install solar, EV charging, and drought-tolerant landscaping: State law protects these rights against HOA restriction.
• Right to fair enforcement: Fines must be preceded by notice and an opportunity to be heard. Fines are capped at $100 for most violations under AB 130 (effective July 1, 2025). Selective enforcement is a recognized legal challenge.
• Right to file complaints with the CDRE: The California Department of Real Estate oversees HOA compliance and accepts homeowner complaints about governing document violations and financial mismanagement.
California Department of Real Estate HOA consumer resources
Related Guides for California HOA Boards
• HOA Rules and Regulations Guide
• HOA Board Member Responsibilities and Rules
Managing Your California HOA
California HOA compliance involves tracking annual law changes, maintaining inspection documentation, managing assessments and reserves, and keeping homeowners informed of their rights. Purpose-built HOA management tools help boards handle the administrative workload while maintaining the records and audit trail compliance requires.
Explore HOA management features and pricing, or visit ManageCasa.com to learn more.
Frequently Asked Questions
What law governs HOAs in California?
California HOAs are primarily governed by the Davis-Stirling Common Interest Development Act, which regulates community associations, elections, assessments, records, meetings, and homeowner rights.
What are the new HOA laws in California for 2025 and 2026?
Key California HOA law changes include limits on fines, balcony inspection requirements, inspection report disclosures, electronic voting provisions, and updated EV charging regulations.
What HOA rules are unenforceable in California?
HOA rules are unenforceable if they conflict with state or federal law, including restrictions on solar panels, EV chargers, ADUs, fair housing protections, or other protected homeowner rights.
What are California HOA special assessment rules?
California HOA boards may generally impose special assessments up to 5% of the annual budget without member approval. Larger assessments typically require a homeowner vote.
Does SB 326 apply to all California HOAs?
No. SB 326 applies primarily to condominium associations with qualifying exterior elevated structures, such as balconies, decks, and walkways supported by wood-based materials.
Content Writer
Patrick Bohan is a content strategist focused on property management technology, HOA operations, and real estate. A Cornell graduate, he began his career at UBS covering housing markets, homeownership policy, and financial regulation — experience that now informs his research-driven approach to proptech content. Today he bridges the gap between software teams and the practitioners who use them, producing practical resources on community associations, rental operations, and accounting workflows for property managers.