When HOA Operating Rules are Unenforceable
HOA operating rules cannot be enforced when they violate laws, are contrary to the association's CC&Rs, infringe on homeowner rights, are discriminatory, vague, or arbitrary. They must also be adopted according to California law. These so-called operating rules may conflict with federal , state, or local laws, violate fair housing acts, or infringe on rights such as the freedom to assemble, the freedom of speech, religious freedom, or the right to bear arms. Rules may also be unenforceable if they are selectively or inconsistently applied.
A few examples of unenforceable rules are: (1) unreasonable restrictions on political signs, (2) unreasonable restrictions on the installation of solar panels, (3) unreasonable restrictions on the installation of EV charging stations, (4) certain bans on pets, and (5) unreasonable restrictions on the use of water-saving plants and the installation of artificial turf.
AB 130 Disaster for HOAs in California
California recently enacted AS 130 which became effective on June 30, 2025. It is now California Civil Code Section 5855.
The law caps HOA fines to $100 per violation unless the violation involves "a significant and imminent threat to health or safety." Unfortunately, our brilliant state legislature has opened the door to litigation by not providing clear definitions of key terms. The result of the new law is to make it easier for those who violate CC&Rs and Operating Rules to do so without facing meaningful penalties. This may also be the intent of the law.
The new law is nearly certain to result in more violations of HOA CC&Rs and Operating Rules and it will undoubtedly cost associations more money to prevent these violations. Most HOAs will be required to rewrite most their rules at additional expense in order to comply.
Coast Management of California
818-991-1500