Questions from an HOA Board Member in California

Hi Parveen,

1. In California, if a member does not pay their HOA fees, the HOA has several tools for enforcement. Initially, the board should send written notices to the member, outlining the delinquency and any late fees or interest as specified in the governing documents. If the fees remain unpaid, the HOA may place a lien on the property, as permitted by California’s Davis-Stirling Act. Before doing so, the board must follow proper procedures, including sending a pre-lien notice and adhering to required timelines. If necessary, the HOA can foreclose on the lien or pursue a small claims court judgment to recover the debt.

2. HOA members are generally not legally required to participate in HOA operations beyond fulfilling their financial obligations, such as paying dues. California law does not allow an HOA to impose additional fees or penalties for non-participation in activities or meetings unless the governing documents specify otherwise. Encouraging participation through open communication and demonstrating the value of engagement is usually more effective. However, the board can enforce payment of dues and adherence to rules through fines or other measures outlined in the CC&Rs.

3. In California, state law promotes the development of accessory dwelling units (ADUs) and limits the restrictions an HOA can place on them. While your HOA can establish reasonable guidelines for ADUs, such as design standards or approval processes, these rules cannot unreasonably impede the construction or use of ADUs as defined by state law. To add ADU guidelines to your CC&Rs, the HOA must follow the amendment process outlined in its governing documents, which often requires member approval. Here is an article you might find helpful: https://www.hoamanagement.com/accessory-dwelling-unit-law-california/