California Senate Bill 1265 would seek to curb abuses of power by homeowner associations. The bill intends to further democratize the process of HOA elections but there are others who say that the bill is misdirected. The bill's detractors point out that the current system of elections in the state's 55,000 homeowners' associations is the strongest in the nation. They claim that the current system is fair.
Buying a home in a private California community often means accepting the governance of a homeowners association. An HOA is established by the developer of the community, and its management is then transferred to its board, which is made up of property owners in the community. The board enforces the covenants, conditions and restrictions (CC&R), which are the rules every homeowner in the community agrees to live by. Homeowners pay monthly HOA fees, which can be less than $100 or well over $1,000, depending on the services the HOA provides for its residents.
In California, those looking to buy a home will find that many homes on the market are subject to a homeowners' association. A HOA can be a benefit under many circumstances, but there are also times when its rules conflict with a homebuyer's desires or circumstances. It is best to research the rules and practices of the association prior to deciding to make the purchase of a residential premises.
The pettiness of some disputes that homeowners have with their homeowners' associations explains why buyers do not always choose to locate in such a community. Basic rights of expression and harmless efforts by California homeowners to be helpful are not always welcomed by the HOA, which often leads to expensive, time-wasting conflicts. This is how one family in another state views an association's efforts to have a Little Free Library box removed from their front yard.
California courts host a continual flow of disputes between homeowners' associations and their tenants or others. Most condo and single-family residential developments utilize the HOA as a method to administer certain management functions that are common to the homes comprising the development. The state has passed a regiment of laws that govern how the association is to be formed and the general scope of its authority.
California is replete with homeowners' associations that govern many high-valued real estate communities throughout the state. A homeowners' association exists to maintain standards in landscaping, recreational facilities and other land restrictions that are mandated in the group's bylaws. Theoretically a protective device for homeowners, they have also become famous for the variety and intensity of disputes and lawsuits that they engender with member homeowners.
In their free time, many basketball coaches from top NCAA programs in California and around the country tend to problems at home just like other private citizens do from time to time. In the case of one man, who not only happens to be a college basketball coach but also the highest-paid public employee in his state, such problems include settling a homeowners' association dispute that has been ongoing for some time. The battle basically pitted the coach and his wife on one side and several other families who share a private road easement with them on the other.
In California, gated communities with posh amenities may require some central management that can manage numerous administrative tasks on behalf of the homeowners. A Homeowners' Association, however, is not an organization that is without controversy. It often has to deal with homeowners who do not appreciate the attempts at conformity that usually motivate the HOA. These dynamics exist not just here but in all states where HOAs are found.
Home Owners Associations in California are authorized and regulated by state law. When purchasing a home that has a HOA, it is important for buyers to read and understand the Covenants, Conditions and Restrictions of the residential development. These CC&Rs are drawn up in compliance with state laws regulating such associations and are therefore enforceable.
When looking to purchase residential real estate in California, it is good to first find out if there is a homeowners' association involved in the neighborhood governance. An HOA can be a valuable security blanket for many buyers, but for others there may be potential problems that should be investigated prior to buying. Such organizations generally enforce restrictive deed covenants that homeowners should know about in advance so that they know what to expect.