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PowerhouseCal. Civ. Code §§ 4000–6150

California HOA Documents

Davis-Stirling Common Interest Development Act

8
State Overlays
4
Unique Docs
Disclosure Summary (§4528)
Resale Document
both
HOA Type
⚠ Not Legal Advice. This guide is for informational purposes only. Consult a licensed California attorney for legal advice.

California HOA Overview

Most comprehensive HOA law in the US. Requires annual "Operating Rules" distribution, IDR & ADR policies, annual policy statement with 10+ mandatory fields, solar panel protections, and secret-ballot elections. 100+ page document sets are common.

State-Specific Document Requirements

CC&Rs / Operating Rules

Davis-Stirling Act, Civ. Code §§ 4340–4360

Mandatory10 days

Proposed rule changes must be distributed to all members at least 28 days before adoption. Board must accept written comments.

Retention: Permanent record (in perpetuity)
Disclosure: Copy must be provided to any owner who requests it within 10 days; also provided at resale.

Bylaws

Civ. Code § 4205

Mandatory10 days

Must be filed with the county recorder to be valid. Member amendments require secret ballot.

Retention: Permanent
Disclosure: Provided to any prospective buyer at disclosure; copy to any owner on request.

Annual Budget Report

Civ. Code § 5300

Mandatory

Must include a summary of the reserve study findings, reserve funding plan, statement of outstanding loans, deferred maintenance, and insurance information. Must be distributed 30–90 days before fiscal year start.

Retention: 7 years
Disclosure: Distributed to all members annually.

Reserve Study

Civ. Code § 5550

Mandatory

Must be reviewed or updated annually. A full study (on-site inspection) must be completed every 3 years. Must include current reserve balance, estimated remaining life of components, and funding plan.

Retention: 7 years
Disclosure: Summary distributed with Annual Budget Report.

Annual Financial Review / Audit

Civ. Code § 5305

Mandatory

If gross income exceeds $75,000, a pro-forma operating statement (review) is required. Full CPA audit if required by the governing documents.

Retention: 7 years
Disclosure: Distributed to members upon request within 45 days of close of fiscal year.
Threshold: Required review if gross income > $75,000; audit if specified in bylaws.

Notice of Hearing / IDR Notice

Civ. Code §§ 5850–5900 (IDR), §§ 5900–5920 (ADR)

Mandatory

Before levying a fine, board must provide: written notice of the alleged violation, and a "reasonable opportunity" to appear before the board. IDR (Internal Dispute Resolution) must be offered before formal enforcement.

Retention: 7 years
Disclosure: Must be sent by first-class mail to the member's address of record.

Architectural Review Decision

Civ. Code §§ 4765–4775

Mandatory45 days

Board must act on an ARC application within 45 days. Denial must be in writing with the specific reasons and the procedure to appeal. Solar panel and satellite dish approvals are governed by OTARD and Civ. Code § 714.

Retention: 7 years
Disclosure: Written decision sent to applicant.

Annual Policy Statement / Disclosure Summary

Civ. Code §§ 4528–4545

Mandatory

A comprehensive annual mailing (the "Annual Disclosure Package") must include: budget, reserve summary, insurance summary, collection policy, enforcement policy, dispute resolution policy, and election policy.

Retention: 7 years
Disclosure: Distributed to all members by certified mail annually.

California-Specific Documents

Annual Policy Statement (Annual Disclosure Package)

Mandatory

Civ. Code §§ 4528–4545

A mandatory annual mailing to all members that consolidates 10+ required disclosures into one package: budget summary, reserve summary, insurance summary, collection policy, enforcement policy, IDR/ADR policy, election rules, and pet policy.

IDR (Internal Dispute Resolution) Policy

Mandatory

Civ. Code §§ 5900–5920

Required written policy describing the HOA's internal process for resolving disputes between members and the board before formal legal action.

ADR (Alternative Dispute Resolution) Policy

Mandatory

Civ. Code § 5925

Required written policy describing the HOA's process for participating in mediation or arbitration if IDR fails.

Election Rules / Secret Ballot Policy

Mandatory

Civ. Code §§ 5100–5145

Separate, detailed election rules governing nominations, candidate qualifications, secret-ballot procedures, and vote counting by an independent inspector of elections.

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