The primary responsibility of a homeowner association, acting through its board of directors, is to repair, maintain, and replace common area components and to protect the property values of association members. Duties are set forth in the governing documents and by California law. While most duties are delegated to an elected Board of Directors, some are reserved to the membership.

Most HOA governing documents (but not all) provide that the elected board of directors have the following powers and responsibilities:

1. Adopt and enforce operating rules and regulations
2. Appoint committees
3. Appoint directors to fill vacancies
4. Appoint inspectors of election
5. Borrow money
6. Call membership meetings
7. Communicate with the association's attorney
8. Delegate certain responsibilities to a management company
9. Disburse operating and reserve funds
10. Elect and remove officers
11. Enter into contracts
12. Enforce the governing documents
13. Establish architectural standards
14. Exercise the powers of a corporation
15. Hire and fire employees and vendors
16. Initiate and defend lawsuits
17. Insure the association and its directors
18. Invest funds in insured accounts
19. Levy and collect regular, special, and emergency assessments
20. Make limited capital improvements
21. Manage the association
22. Prepare and adopt budgets
23. Repair and maintain the common areas

The rights and powers generally reserved to association members are set forth in the governing documents and usually include the right to:

1. Amend the CC&Rs and bylaws
2. Approve significant capital improvements
3. Approve regular assessments over 20% per year
4. Approve special assessments over 5% per year
5. Approve exclusive use easements
6. Attend open board meetings
7. Call special meetings of the membership for a lawful purpose
8. Display noncommercial signs
9. Dissolve the association
10. Elect officers
11. Enforce the CC&Rs
12. Exercise any other powers reserved to their membership as set forth in the governing documents and applicable laws.
13. Inspect the association's records
14. Install drought tolerant plants
15. Install electric charging stations at their cost
16. Install a satellite dish on their own property
17. Install solar panels subject to restrictions
18. Modify common areas for disability access
19. Own a pet subject to rules
20. Receive disclosures
21. Receive due process for rules violations
22. Receive the membership list subject to limitations
23. Remove directors from the board
24. Reverse a rule change
25. Serve on the board
26. Use the common areas

Courts will defer to board decisions, even if the decisions are not the best decisions, provided the board has made a diligent investigation and its decision was in good faith with the best interests of the association in mind. Members who are unhappy with board decisions can elect replacement directors.

 

 

All New Board Members

Board Meeting Definition

Exclusive Use Common Area Maintenance Responsibilities

Reserve Studies Required

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