Board Member Training Guide

Understanding Executive Sessions

Prepared in accordance with the Davis-Stirling Common Interest Development Act

1. Purpose of Executive Sessions

Executive sessions are private meetings of the board of directors used to discuss confidential or sensitive matters. These meetings are closed to members, except when an owner is directly involved (for example, in a disciplinary hearing or payment plan discussion).

The authority for executive sessions comes from Civil Code §4935, which allows boards to meet privately for specific topics where confidentiality protects the association’s legal, financial, or personnel interests.

Key principle:

“What is discussed in executive session stays in executive session.”

2. Notice and Agenda Requirements

Advance Notice

If the board meets solely in executive session (not attached to an open meeting), notice of the time and place must be provided to the membership at least two days in advance.
(Civil Code §4920(b)(2))

Agenda Content

Every executive session notice must include an agenda. Agenda items must be brief and general to protect confidentiality.
(Civil Code §4920(d))

Example of acceptable agenda entries:

• “Member disciplinary hearing – Unit 3B”
• “Delinquency payment plan request”
• “Discussion with legal counsel regarding pending litigation”

Emergency Items

If an issue arises after the agenda is posted, the board may add it only if a majority of directors present determine that an emergency exists — meaning circumstances that could not reasonably have been foreseen and require immediate attention.
(Civil Code §4930(d)(1))

3. Authorized Executive Session Topics

Under Civil Code §4935, boards may meet in executive session for the following:

1. Litigation – Pending or threatened legal actions, attorney consultations, and settlement strategy.

2. Contracts – Formation or negotiation of contracts with third parties.

3. Disciplinary Hearings – Matters involving alleged rule violations; the accused member may attend that portion.

4. Personnel Matters – Employment, performance, compensation, or discipline of employees.

5. Payment Plans – Requests by members for payment arrangements on delinquent assessments.

Additional Confidential Matters

While not listed directly in §4935, the following should also be handled privately:

• Foreclosure decisions (Civil Code §5705(c))
• Disability accommodation requests (CCR §12176(b)(1))
• Mental health-related issues (e.g., hoarding)
• Director censure or conduct review
• Contract termination discussions
• Legal risk assessments and attorney advice

4. Confidentiality Duties

Directors have a fiduciary duty to maintain confidentiality of executive session discussions.
Only the board as a whole can authorize disclosure of executive session information.

Violations may result in:

• Censure or removal from committees
• Loss of Business Judgment Rule protection (potential personal liability)
• Exclusion from future executive sessions

Rule of thumb:

“Never share executive session information with anyone who wasn’t invited to the meeting.”

5. Attendance Rules

The following may attend, depending on the topic:

• Board members
• Manager or managing agent
• Association’s legal counsel
• Recording secretary (if designated)
• The subject member (during their own hearing or payment discussion)
• Witnesses or consultants invited for a specific portion (e.g., HR or contractor input)

Members at large may not attend unless specifically invited.

6. Conducting the Meeting

Executive sessions may be held:

• In person
• By telephone or video conference
• As an emergency meeting via email (for urgent matters only)
• Through unanimous written consent in emergencies

Meetings must be called by the president, secretary, or any two directors.
(Corporations Code §7211(a)(1); Civil Code §4923)

7. Voting in Executive Session

Boards may vote and take action in executive session.
For example, decisions about settlements, disciplinary actions, or employment matters are properly made and recorded in a closed meeting.

It is not necessary to reconvene into an open session to vote on these matters.

8. Executive Session Minutes

Content

Minutes must record actions and reasoning but should avoid unnecessary detail.
They should include:

• Date, time, and place of meeting
• Directors present
• Agenda topics
• Decisions made or actions taken

Example:

“The board met with legal counsel to discuss pending litigation and approved settlement terms.”
“The board reviewed disciplinary matters concerning Unit 3B and imposed a $100 fine.”

Storage and Confidentiality

• Executive session minutes are confidential and not available for member inspection.
• They must be kept separate from open meeting minutes.
• Boards should avoid audio or video recordings once written minutes are finalized.

Approval

Minutes should be approved at the next executive session. Approving them in open session risks breaching confidentiality.

9. Reporting to Members

Although executive sessions are private, boards must generally note in the next open meeting minutes what business was conducted.
(Civil Code §4935(e))

Example reporting language:

“The board met in executive session on March 12, 2025, to discuss member discipline, personnel matters, and legal counsel updates.”

No names or confidential details should be disclosed.

10. Practical Tips for Directors

Keep all executive session materials (agendas, minutes, correspondence) secure.
Avoid discussing executive session topics via email or outside the meeting.
When unsure whether a topic qualifies, consult association counsel.
Review Civil Code §§4920–4935 and §5705 regularly.
Use professional judgment and discretion — confidentiality protects everyone.

Overview of Civil Code § 5205 – Inspection of Records

Purpose:
To ensure HOA members have transparent access to association records, while giving the association limited authority to control logistics, costs, and redactions.

Key Provisions and Practical Notes

(a)–(b) Right of Access and Representation

• Any member (or their authorized representative, with written consent) can inspect or request copies of association records.
• The HOA cannot restrict this right, provided the request meets procedural requirements (see § 5210 for      timeframes).

(c)–(e) Location and Delivery of Records

• Records must be available at the association’s business office located within the development.
• If there’s no business office onsite, the HOA and the member must agree on a place to review or      receive copies.
• If they cannot agree, or the member requests copies in writing, the HOA may mail or individually deliver the requested documents (per Civil Code § 4040).

(f) Cost of Copies and Mailing

• The HOA may bill for actual copying and mailing costs.
• The HOA must inform the member of the costs upfront, and the member must agree to pay before the HOA produces the records.

(g) Cost for Redacting “Enhanced Records”

• If records contain personal or sensitive data that requires redaction (e.g., names, addresses, account details), the HOA may charge:
  • Up to $10/hour, not to exceed $200 per request.
• The HOA must notify the member of estimated redaction costs and obtain a written agreement before processing.
• Anyone submitting a reimbursement request is responsible for removing personal info before submission.

(h) Electronic Transmission Option

• Members may opt to receive records electronically (e.g., PDF, USB, email), provided the HOA      can transmit them in a secure, unalterable format.
• The cost is limited to the direct cost of producing the electronic copy.

Implementation Tips for HOAs

1. Create a written records-request policy citing § 5205 and § 5210, outlining timeframes and fees.
2. Designate a records custodian or management office contact for all requests.
3. Use redaction protocols to protect confidential data (e.g., redact bank account numbers, personal addresses).
4. Maintain a fee schedule (copying rate per page, hourly redaction rate, maximum caps).
5. Offer electronic delivery whenever practical to reduce costs and improve efficiency.
6. Document all communications about cost estimates, member consent, and delivery dates for compliance verification.

Board Authority & Duties

Governed by Boards of Directors

Associations are governed by elected boards of directors who have general duties and authority.
(Civ. Code § 4080)

Corporations are required to have a board of directors:

“Each corporation shall have a board of directors. . . . the activities and affairs of a corporation shall be conducted, and all corporate powers shall be exercised by or under the direction of the board. . . . the activities and affairs of the corporation shall be managed and all corporate powers shall be exercised under the ultimate direction of the board.”
(Corp. Code § 7210)

Boards must manage the association's affairs in a manner consistent with the CC&Rs.
(Pinnacle Museum Tower Ass’n v. Pinnacle Market Dev’l (2012) 55 Cal.4th 223, 239)

Board of Directors Defined

A Board of Directors is the elected body that governs a common interest development.

The Corporations Code defines “directors” as:

“Natural persons designated...elected or appointed...to act as members of the corporation’s governing body. A person who does not have authority to act as a member of the corporation’s governing body, including through voting rights as a member of the governing body, is not a director...”
(Corp. Code § 5047)

The term “Board of Governors” is an older phrase rarely used today. It appeared in early common interest developments when they were unincorporated associations. As the industry evolved, the Department of Real Estate required developers to incorporate all new associations and adopt bylaws within their CC&Rs—formally designating them as boards of directors.

Number of Directors

The number of directors is established in the association’s articles of incorporation and repeated in the bylaws.

• The number is almost always odd to avoid deadlocks (usually five).
• Very small associations sometimes have three directors.
• Very large associations may have seven or more.

Board Authority

“Unless the governing documents provide otherwise, and regardless of whether the association is incorporated or unincorporated, the association may exercise the powers granted to a nonprofit mutual benefit corporation, as enumerated in Section 7140 of the Corporations Code.”
(Civ. Code § 4805(a))

Corporations must have a board of directors that conducts the corporation’s affairs. (Corp. Code § 7210.)
Because of their position of authority, boards (and individual directors) are held to a higher standard as fiduciaries.

Unless the governing documents provide otherwise, boards can:

• Adopt and  enforce rules and regulations
• Appoint committees and fill vacancies
• Approve exceptions to exclusive use easements
• Borrow money and call membership meetings
• Appoint inspectors of election
• Communicate with the association’s attorney
• Delegate management authority
• Disburse reserve monies
• Elect and remove officers
• Enforce the governing documents
• Enter into contracts
• Establish architectural standards
• Exercise the powers of a corporation (Civ. Code § 4805; Corp. Code § 7140)
• Hire and fire employees and vendors
• Initiate and defend lawsuits
• Insure the association and its directors
• Invest funds prudently
• Levy and collect assessments
• Make limited capital improvements
• Manage the association and pay its expenses
• Prepare and adopt budgets
• Repair and maintain the common areas

Board Limitations

Boards oversee operations and set policy—but both boards and individual directors have limits on their authority.

1. Vendors

Individual directors cannot independently contact or instruct vendors or sign contracts without board authorization.
Allowing multiple directors to do so causes confusion, inconsistent direction, and may lead to ultra vires acts.

Proper procedure:
All vendor communication should flow through the president or managing agent.
Boards may censure directors who violate these procedures and may hold them personally liable.

2. Personnel

Directors cannot individually direct or discipline employees.
That authority belongs to the board as a body or its properly delegated officers/managers.
Improper interference may expose the association to Labor Code violations, harassment claims, or constructive termination actions.

3. Records

Directors have a right to inspect association records, but privacy laws and other factors may limit that right.

4. Volunteer Limitations

Directors are volunteers and may not receive pay for board service.
They must act cautiously to maintain legal protection and avoid personal liability.

Duties of Board Members

When elected, directors assume obligations to act in the best interests of the association.

Fiduciary Duties

Boards must uphold duties of loyalty, due diligence, and confidentiality.

Assessment Responsibilities

Boards must impose regular and special assessments sufficient to carry out their duties.
(Civ. Code § 5600(a))

Attendance and Participation

Directors are expected to attend and participate in meetings to remain informed.

Maintenance of Common Areas

Boards must maintain common areas on behalf of the membership.
(Civ. Code § 4775)

Financial Oversight

Directors must exercise reasonable care in managing the association’s finances and enforcing collection policies.

Enforcement of Governing Documents

Boards must uniformly enforce the CC&Rs, bylaws, and rules.

Operational Oversight

Boards oversee the association’s day-to-day operations, including:

• Management and legal services
• Landscape and maintenance vendors
• Amenity operations (pools, clubhouses, golf courses, etc.)
• Insurance procurement

Limited Transparency

Certain matters must remain confidential to protect the association’s interests.
Executive session meetings allow boards to discuss sensitive issues privately, and their minutes are not open to member review.
(Civ. Code § 4935)

Financial Duties of Directors

Boards must exercise reasonable care in overseeing association funds. Obligations include:

• Bank Accounts: Maintain operating and reserve accounts.
• Reserves: Fund reserves for major repairs and replacements.
• Fund Transfers: Approve all transfers between accounts.
• Prudent Investments: Ensure returns without risking capital.
• Internal Controls: Prevent embezzlement through checks and balances.
• Insurance: Maintain adequate coverage as required by statute and CC&Rs.
• Budget & Assessments: Adopt budgets and levy assessments to meet obligations.
• Collection Policies: Enforce consistent collection procedures.
• Taxes: File annual tax returns.

Monthly Financial Review

Beginning January 1, 2019, boards must review their association’s financial records monthly.
(Civ. Code § 5500)

The review may be conducted by:

1. All board members individually, then ratified at a subsequent meeting; or

2. A subcommittee (treasurer + one other director), with ratification recorded in the minutes. (Civ. Code § 5501)

Required Review Includes:

• Current reconciliation of operating and reserve accounts
• Comparison of actual revenues and expenses vs. budget
• Bank statements for all accounts
• Income and expense statements
• Check register, general ledger, and delinquency reports

Directors must review these items critically and question any irregularities—such as unauthorized payments or unexplained vendor charges.

Delegating Authority

Boards may delegate duties to managers, committees, or agents—but remain ultimately responsible for all actions taken.

“The board may delegate the management of the activities of the corporation to any person, management company, or committee, provided that the activities and affairs of the corporation shall be managed and all corporate powers shall be exercised under the ultimate direction of the board.”
(Corp. Code § 7210)

Committees may be advisory or authorized to act. Any delegation should be recorded in the board minutes.
(Corp. Code §§ 300(a), 311, 7210, 7212(a); Finley v. Superior Court (2000) 80 Cal.App.4th 1152, 1161)

Nondelegable Duties

Certain board powers cannot be delegated:

• Appointing executive committees or their members (Corp. Code § 7212(a)(6))
• Approving large fund transfers
• Approving settlement agreements (Elnekave v. Via Dolce)
• Attending and voting at board meetings
• Electing officers (Corp. Code § 7213(b))
• Filling board vacancies (Corp. Code § 7212(a)(2))
• Reviewing finances (Civ. Code § 5500)
• Recording liens (Civ. Code § 5673)
• Approving foreclosures (Civ. Code § 5705(c))
• Authorizing lawsuits (Finley v. Superior Court)

Judicial Deference

Courts defer to boards’ decisions, even if imperfect, so long as the board acted:

• In good faith,
• After reasonable investigation, and
• In the best interests of the association.

This is known as the Business Judgment Rule.
Members dissatisfied with board decisions have recourse through lawful channels such as elections or recall processes.

Elevated Element Inspections Required (SB 326)

Overview

Beginning January 1, 2020, California Senate Bill 326 (SB 326)requires condominium associations with three or more units per building to have their elevated load-bearing structures—such as balconies, decks, stairs, and walkways supported by wood—inspected by a qualified professional.
(Civil Code § 5551(l))

The law ensures structural safety and long-term maintenance of wood-supported elevated elements in multi-family communities.

Purpose of the Law

SB 326 was enacted after several tragic balcony collapses in California. Its goal is to:

• Detect wood deterioration, dry rot, and termite damage before      failure occurs.
• Ensure the safety of residents and visitors.
• Require routine professional inspections and timely repairs.

The statute does not change existing maintenance responsibilities under the CC&Rs—it simply adds an inspection and reporting requirement for associations.

What Must Be Inspected

Exterior Elevated Elements (EEE) Defined

Under Civil Code § 5551(a)(3), required inspections apply to load-bearing components and associated waterproofing systems that:

1. Extend beyond exterior walls to deliver structural loads from decks, balconies, stairs, or walkways.

2. Have a walking surface more than six (6) feet above ground level.

3. Are designed for human occupancy or use.

4. Are supported substantially by wood or wood-based products.

Structures That Require Inspection

Inspectors will examine these common configurations:

1. Cantilevered wood balconies – inspection required.

2. Balconies supported by wood posts – inspection required.

3. Partially cantilevered balconies – inspection required.

4. Exterior wood stairs and landings – inspection required.

5. Elevated walkways on wood framing – inspection required.

6. Flush balconies with wood-attached railings – inspection recommended.

7. Concrete or steel balconies – not required but should be visually checked for reserve studies.

Inspection Frequency & Standards

• Frequency: Every nine (9) years minimum.
• Inspector Qualifications: Must be a licensed structural engineer, civil engineer,      or architect.
• Sampling Requirement: The inspector must inspect enough components to achieve 95%      confidence with a ±5% margin of error for the entire development.
• Inspection Methods: May include visual observation, moisture meters, infrared      imaging, and borescopes to limit invasiveness.
• Documentation: The report must identify:
  • Physical condition and remaining useful life.
  • Waterproofing system integrity.
  • Any immediate threats to health or safety.

Immediate Threats to Safety

If an inspector determines that an elevated element poses an immediate danger, the following steps must be taken:

1. The report is provided to the Board immediately and to the local code enforcement agency within 15 days.

2. The association must take preventive action immediately, including restricting access to unsafe areas.

3. Repairs must be completed and approved by the local agency before reopening access.
(Civil Code § 5551(g))

Who Is Responsible

Condominiums

The inspection requirement applies only to condominium associations, not to planned developments.
For townhouses, responsibility depends on how the unit boundaries are defined in the CC&Rs:

• If the structure is owned in common, the association is responsible.
• If the unit extends to the exterior surfaces, the homeowner is responsible.

Boards should review their governing documents with legal counsel to clarify ownership and maintenance duties.

Stock Cooperatives & Community Apartments

Although these forms of ownership are governed by the Davis-Stirling Act, the statute is ambiguous. Associations with multi-unit wood structures should consult counsel—voluntary inspections are the safer course to prevent liability.

Balcony Railings

Even if balconies are not subject to SB 326, railings attached to wood or wood-based framing must be checked.
If railings no longer meet building code standards (e.g., spacing wider than 4 inches or height below 42 inches), they must be upgraded whenever replaced or repaired.

Insurance carriers often require railing upgrades for safety compliance on:

• Balconies
• Walkways
• Pool enclosures

Waterproofing Systems

Waterproofing integrity is critical to structural longevity.
Inspectors must examine flashings, membranes, coatings, and sealants for deterioration.
Water intrusion can lead to fungal growth, dry rot, and eventual structural failure.
Routine maintenance and sealing prevent costly repairs and extend balcony life.

Inspection Reports & Recordkeeping

• Report      Delivery: Submitted directly to the Board of Directors.
• Retention: The report must be kept for at least 18 years (two inspection cycles).
• Coordination: Notify the reserve study preparer so cost adjustments can be made for repairs or replacements.
• Cost Impact: Achieving the 95% confidence level may increase inspection costs, depending on building size and complexity.

Concrete Balconies

Concrete and steel balconies are exempt from SB 326, but they must still be reviewed during reserve study inspections.
Because concrete is porous, trapped moisture can cause rebar corrosion, cracking, and spalling.
Regular waterproofing maintenance prevents expensive structural damage.

Summary for Boards

Requirement                          Details

Applies To               Condominium   buildings with 3+ units per structure

Frequency               Every 9 years

Inspector                 Licensed engineer or architect 

Scope                       Wood-supported balconies, decks, stairs, walkways

Report Filing          To HOA Board; the local agency if unsafe

Retention                18 years

Action if Unsafe    Immediate closure, repair, and reinspection

Best Practices

• Schedule      inspections proactively—don’t wait for visible damage.
• Engage      engineers familiar with SB 326.
• Maintain      waterproofing regularly.
• Coordinate      inspection results with your reserve study.
• Consult HOA      legal counsel to confirm maintenance responsibility.

Protecting Residents & Property

Following SB 326 inspection requirements is not just a matter of compliance—it’s about preventing tragedy and protecting property values. Proactive inspections preserve building integrity, safeguard lives, and reduce long-term repair costs.

California Corporations Code §7224 – Vacancies, Selection, and Resignation

(a) Filling Vacancies by the Board

• General rule: If the corporation’s articles or bylaws do not say otherwise, and the vacancy was not caused by removal, the board of directors may fill the vacancy.
• If fewer than a quorum remain: The remaining directors can still fill the vacancy if:
  1. All remaining directors give unanimous written consent, or
  2. A majority of the remaining directors vote in favor at a properly noticed meeting, or
  3. There is only one remaining director who may appoint a replacement.

Special rule for vacancies caused by removal

• If the members removed a director, that vacancy can only be filled by the members, unless:
  • The articles or a member-approved bylaw explicitly authorizes the board to fill removal vacancies, or
  • The corporation has no members (per §7310), in which case the board may fill it.

(b) Members’ Right to Fill Vacancies

• Members retain the right to elect a director at any time to fill any vacancy not already filled by the board.

(c) Resignation of Directors

• A director may resign at any time by providing written notice to:
  • The chairperson of the board,
  • The president,
  • The secretary, or
  • The board of directors directly.
• The resignation is effective upon delivery, unless the notice specifies a later date.
• If a future effective date is specified, the board may elect a successor in advance, effective      when the resignation takes effect.

Hierarchy of Governing Documents (Civ. Code § 4205)

Homeowners’ Associations (HOAs) operate under multiple governing documents, but when conflicts arise between them, California law establishes a clear order of authority. Understanding this hierarchy helps ensure the Board acts lawfully and consistently.

1. The Law Prevails

If any governing document conflicts with state or federal law, the law always prevails.

Example: If the CC&Rs allow something that state law prohibits (e.g., restrictions that violate fair housing laws), the statute controls.

2. Declaration (CC&Rs) Prevails Over Articles

If there is a conflict between the Articles of Incorporation and the Declaration (CC&Rs), the Declaration takes priority.

The Declaration governs the property rights and obligations of members and is recorded against the land.

3. Articles and Declaration Prevail Over Bylaws

When Bylaws conflict with either the Articles or Declaration, the latter controls.

The Articles establish the corporation; the Declaration sets out covenants and property obligations. Both override procedural and administrative provisions in the Bylaws.

4. Higher Documents Prevail Over Operating Rules

If Operating Rules conflict with any higher-level documents (Bylaws, Articles, or Declaration), those higher documents prevail.

Rules regulate day-to-day living (e.g., pool hours, parking limits) but cannot contradict governing documents or laws.

Summary Hierarchy (Highest to Lowest Authority):

1. Federal & State Law
2. Declaration (CC&Rs)
3. Articles of Incorporation
4. Bylaws
5. Operating Rules & Policies

Civil Code § 4210 – Record Notice of Relevant Information About the Association

This section gives the board of directors’ authority to record a public notice—called a “statement of relevant information”—with the county recorder’s office.
The purpose of this filing is to make it easier for title companies, buyers, and escrow agents to locate the correct information when collecting or verifying HOA assessments and fees.

Key Points:

1. Purpose:
       The recorded statement helps facilitate the collection of regular and special assessments, transfer fees, and any other authorized charges under Civil Code §§ 4530, 4575, and 4580.
2. Authority:
       The board may record this statement at its discretion and may later record an amended statement to update any information.
3. Contents of the Statement:
       The filing may include:
   • (a) The official name of the association.
   • (b) The name and address of the person or entity authorized to receive payments (for example, the managing agent or treasurer).
   • (c) A daytime phone number for that contact person, if available.
   • (d) A list of all separate interests (units or lots) subject to assessment, including the Assessor’s Parcel Numbers (APNs) or legal descriptions.
   • (e) The recording reference for the association’s Declaration of CC&Rs.
   • (f) If an amendment is recorded, the recording references the prior statement(s) being replaced.

1. Practical Effect:
       Recording this information ensures that escrow companies, lenders, and buyers can easily identify:
   • Who to contact for assessment payoff demands,
   • Which properties are subject to HOA assessments, and
   • Which governing documents apply.

1. Best Practice:
       Associations should keep this statement current. When management changes or the association’s name or address changes, the board should promptly record an amended statement to prevent delays in escrow payments and assessment collections.

Civil Code § 4220 — Boundaries of Units (Summary)

This section governs how unit boundaries in a condominium project are interpreted when there’s a discrepancy between what’s shown on paper (in a deed or condominium plan) and what exists physically.

Key Points:

• Physical boundaries control:
      If a condominium unit’s boundaries are within a building, the actual, existing physical boundaries of the unit are conclusively presumed to be its legal boundaries.
• Applies even with discrepancies:
      This presumption applies even if there’s a minor variance between:
  • The physical boundaries and
  • The boundaries described in the  deed or condominium plan.
• Applies to rebuilt units:
      The rule also applies if the unit has been reconstructed  substantially according to the original plans.
• Settling or movement irrelevant:
      The presumption holds true regardless of settling or lateral movement of the building, meaning even if the structure has shifted slightly over time.

Purpose:

This provision is designed to avoid disputes over minor discrepancies between recorded documents and the physical layout of condominium units. It ensures that what exists on the ground governs, rather than minor technical differences in measurements or drawings.

Example: Physical Boundaries Control (Civil Code § 4220)

Scenario:
A condominium unit owner in the Sunset Villas development discovers that the interior walls of their unit extend about three inches beyond what the condominium plan and deed describe. The difference occurred because the building settled slightly after construction, causing small shifts in the structure’s alignment.

Another owner reviews the condominium map and claims that this discrepancy means part of the wall belongs to the adjoining unit, arguing that the deed’s metes-and-bounds description should control.

Legal Interpretation under Civil Code § 4220:
Under § 4220, the existing physical boundaries of the unit — the actual walls, floors, and ceilings as they currently stand — are conclusively presumed to be the legal boundaries of the unit.

• This applies even though the recorded deed or condominium plan shows slightly different measurements.
• It also applies even if the building has settled or shifted over time.
• The same rule would apply if the unit were reconstructed in substantial accordance with the original plans after damage or remodeling.

Outcome:
The physical walls as they exist define the legal boundary of the unit. The small variance between the recorded plan and the actual construction is legally irrelevant.

Training Takeaway for HOA Boards

• When disputes arise over unit dimensions or shared walls, the physical reality of the structure      governs.
• Boards should not attempt to “re-survey” or reinterpret unit boundaries based solely on plan drawings.
• Any disputes about boundaries should be referred to legal counsel, but boards can rely on § 4220 to affirm that existing physical conditions control minor differences between deeds and structures.

Purpose:
Civil Code § 4035 establishes the proper delivery requirements for documents to a homeowners’ association (HOA).

(a) Designated Recipient

• The association’s annual policy statement (per Civil Code § 5310) must identify a person      authorized to receive documents on behalf of the HOA (such as the managing agent, board president, or secretary).
• If no person is designated, documents must be delivered to either the president or the secretary     of the association.

(b) Acceptable Delivery Methods

A document may be delivered to the association by any of the following:

1. Electronic delivery – by email, fax, or another electronic method if the association has consented to receive documents that way.
2. Personal delivery – if the association agrees to accept hand delivery. In this case, the association must issue a written receipt confirming delivery.
3. Mail or courier – by:
   • First-class mail (postage prepaid)
   • Registered or certified mail
   • Express mail
   • Overnight delivery service

Practical Implications

• Associations must clearly identify who receives legal notices and correspondence in their annual policy statement.
• Homeowners, vendors, or others sending notices should verify that they are using an approved method of delivery to ensure the document is legally effective.
• The written receipt requirement for personal delivery ensures a paper trail confirming      timely delivery.

Civil Code § 4040 — Providing Notice or Delivery to Individuals

Purpose

This section defines how a homeowners’ association (HOA) must provide individual notice or individual delivery to its members when required by the Davis-Stirling Act.

(a) Required Delivery Method

1. Member’s Preferred Delivery Method (per §4041):
   • The HOA must use the delivery method that each member has specified in writing (for example, email, postal mail, etc.).
   • This preference is established when the member provides their annual contact information under Civil Code §4041.

1. Default Delivery Method (if there is no preference on file):
   • If the member has not provided a valid method under §4041, the HOA must send the document by one of the  following:
     • First-class mail
     • Registered or certified mail
     • Express mail
     • Overnight delivery by an express carrier
   • It must be addressed to the last address shown in the association’s records.

(b) Secondary Address Option

• If a member requests that the HOA also send notices to a secondary address (under §5260), the      association must send an additional copy of:
  1. Annual financial and policy disclosures (Article 7, beginning with §5300).
  2. Collection-related notices (Article 2, beginning with §5650, and §5710).

(c) Governing Document Clauses

• An unrecorded clause in the association’s governing documents that specifies a particular method of delivery (for example, “email is the standard method”) does not count as member consent to that method.
  • Each member must expressly agree to their delivery method individually.

Key Takeaway

Civil Code §4040 ensures members control how they receive individual notices, and HOAs must comply with each member’s chosen or default delivery method. It also protects members by requiring duplicate delivery to a secondary address upon request, especially for financial and collection matters.

Civil Code § 4041 – Member Contact Information (Summary & Key Points)

This section outlines what contact information homeowners must provide to their homeowners association (HOA) and how the association must handle that information for official notice purposes.

(a) Annual Owner Disclosure Requirements

Each member (homeowner) must annually provide written notice to the association with the following information:

1. Preferred Delivery Method for association notices:
   • The member may choose one or both:
     • (A) Mailing address
     • (B) Valid email address

1. Alternate/Secondary Delivery Method (optional backup contact):
   • The member may again choose one or both:
     • (A) Mailing address
     • (B) Valid email address

1. Legal Representative Contact:
   • The name, mailing address, and (if available) email of the member’s legal representative, such as:
     • A person with power of attorney, or
     • Someone to contact during the member’s extended absence.

1. Occupancy Status:
   • The member must indicate whether the separate interest (unit or lot) is:
     • Owner-occupied
     • Rented
     • Developed but vacant
     • Undeveloped land

(b) Association’s Duties

1. Annual Solicitation of Member Information:
   • The HOA must request this information annually from each member.
   • At least 30 days before issuing the annual budget/disclosure (under §5300), the HOA must update its records with this information.

1. Required Disclosures in Solicitation:
       The HOA’s form or letter must state:
   • (A) The member is not required to provide an email address.
   • (B) There must be a simple way for members to change their preferred delivery method in writing.

(c) Default Notice Address

If a member fails to provide updated information:

• The association will use the last address provided in writing, or
• If none exists, the property address will be deemed the valid address for notice delivery.

(d) Mixed-Use & Time-Share Projects

If the common interest development includes time-share interests, the HOA can comply by:

1. Obtaining the time-share owner list (per Bus. & Prof. Code §11273(e)) annually, and
2. Entering that data into the association’s records.

The time-share plan association is required by law to provide this list at least once a year.

(e) Valid Email Definition

A valid email address is one that does not bounce back or produce an error after notice delivery.
If the association finds that an email is invalid, it must resend the notice to another address on file in accordance with §4040 (rules for delivering individual notices).

Practical Implications for HOAs

• Associations should issue an annual contact information form to all owners, ideally with the budget mailer.
• Boards and managers must ensure records are current before sending annual disclosures or required notices.
• Notices sent to the most recent address on file are legally valid, even if an owner fails to update      their contact info.
• Maintaining valid email records can streamline notice delivery and reduce mailing costs, but members cannot be forced to provide an email.

Civil Code § 4045 explains how a homeowner’s association (HOA) must distribute “general notices”—that is, notices intended for all members, not just a single homeowner. Examples include announcements of meetings, rule changes, maintenance schedules, or newsletters.

(a) Approved Methods of General Delivery

If the law or governing documents require “general delivery” or “general notice,” the HOA can use one or more of the following five methods:

1. Any Individual Notice Method (per § 4040):
       The HOA can mail or email notices to each member using the preferred method they provided under § 4041.
2. Inclusion in a Regular Mailing:
       The HOA can include the notice in a billing statement, newsletter, or any other regularly distributed document.
3. Posting in a Designated Common Area:
       The notice can be posted in a prominent, accessible location (like a clubhouse bulletin board, mailroom, or lobby) if that location was officially designated in the annual policy statement (§ 5310) as a posting place for general notices.
4. Television Broadcast (if applicable):
       If the HOA provides television programming for distributing association information, notices may be broadcast on that channel.
5. Posting on the Association’s Website:
       If the HOA maintains a website for association business, the notice may be posted there in a prominent, accessible location—but only if the website was designated in the annual policy statement (§ 5310) as an official posting place for general notices.

(b) Member’s Right to Request Individual Delivery

Even if the HOA uses the general methods above, any member may request that general notices be sent to them individually (by mail or email).

• Once a member makes this request, all general notices to that member must be sent via individual delivery under § 4040.
• The HOA must inform owners of this right to opt-in for individual delivery in the annual      policy statement (§ 5310).

Practical HOA Application

• The board secretary or manager should ensure the annual policy statement lists:
  • The designated posting location for notices.
  • Whether the association website or television channel will be used.
  • Members’ right to request individual delivery of general notices.
• Boards should post or distribute general notices using at least one approved method that ensures reasonable visibility and compliance.

California Civil Code § 4050 – When Document Is Deemed Delivered

This section defines when delivery of a document is considered complete under the Davis–Stirling Common Interest Development Act.

Key Provisions

(a)
Specifies that this rule applies to all documents deliveredpursuant to the Act (e.g., notices, disclosures, meeting announcements).

(b)
If the document is delivered by mail, it is deemed delivered once it is deposited in the U.S. mail, regardless of when or whether the recipient actually receives it.

(c)
If the document is delivered electronically (e.g., by email or other electronic transmission), delivery is complete at the time of transmission — not upon confirmation of receipt.

Practical Effect

This statute establishes clear legal delivery points to avoid disputes over when notice was given:

• Mailing = delivery upon deposit.• Electronic = delivery upon sending.

These rules are crucial for HOA boards, management companies, and owners to track compliance with notice and timing requirements under the Davis–Stirling Act.

 Civil Code § 4055 — Electronic Delivery Requirements

This section establishes when electronically delivered documents satisfy the requirement that a communication be “in writing.”

· If an association or a member receives a document electronically under Civil Code § 4040, and the law requires that the document be in writing, that requirement is met so long as the information is provided in an electronic record capable of retention by the recipient when received.

· A record is considered capable of retention if the recipient can print or store it for later reference.

· However, if the sender’s system or method of transmission prevents printing or storage, the document does not meet the statutory requirement of being in writing.

In essence:
Electronic notice is legally valid only if the recipient can keep a copy—by printing or saving—without interference from the sender’s system.

Civil Code § 4065 — Approval by Majority of Members Defined

This section clarifies what “approved by a majority of all members” means in the context of homeowner association (HOA) law:

· When a statute or governing document says that an action must be “approved by a majority of all members,” it does not mean a majority of those present or voting—it means a majority of all votes entitled to be cast in the association.

· In other words, approval requires more than 50% of the total membership’s voting power, not just a majority of those who actually vote.

Example:
If an association has 100 members (and each has one vote), a “majority of all members” means at least 51 affirmative votes, even if only 70 ballots are returned.

This definition helps prevent confusion between:

· Majority of a quorum(majority of members who actually vote), and

· Majority of all members(majority of total eligible voters).

It ensures consistency in how member voting requirements are interpreted for HOA decisions governed by the Davis-Stirling Act.

Civil Code § 4070 (Approval by Majority of a Quorum Defined)

Summary

Civil Code § 4070 defines what it means when an HOA action must be approved by a “majority of a quorum” of members.

If the law or the association’s governing documents say that a member’s action needs approval by a majority of a quorum, that means:

The action is approved when more than half of the members who are actually voting (in an election or meeting where a quorum is present) vote in favor, and those “yes” votes also make up at least a majority of the quorum.

In Other Words

• A quorum is the minimum number of members who must participate (in person, by proxy, or by ballot) for the vote to count.
• Once that quorum is reached, the majority of those who actually vote decide the outcome.
• For example:
  • If 100 members exist and your bylaws say a quorum is 51 members, then at least 51 must vote for the election to count.
  • If exactly 51 votes, a majority of that quorum is 26 votes in favor.
  • So, if 26 or more vote “yes,” the action passes.

Purpose

Section 4070 ensures that associations can take action even when not every member participates, while still requiring meaningful participation (a quorum) and a true majority of those who do vote.

Here’s a clear comparison chart showing the difference between Civil Code § 4065 (Majority of All Members) and Civil Code § 4070 (Majority of a Quorum):

Comparison: Majority of Members vs. Majority of a Quorum

Concept

Civil Code § 4065 — Majority of All Members

Civil Code § 4070 — Majority of a Quorum

Definition

When the law or governing documents require approval by a majority of all members.

When the law or governing documents require approval by a majority of a quorum.

Voting Requirement

More than 50% of all voting members in the association, regardless of how many actually vote.

More than 50% of the members who vote  provided that a quorum is present.

Quorum Requirement

Not relevant — must be based on all  members, whether or not they vote.

Must first meet the quorum requirement (minimum participation). Then, the majority of those voting decides.

Example (100 total members)

Requires at least 51 “yes” votes  (majority of all 100).
 Even if only 60 members vote, you still need 51 “yes.”

If quorum = 51 members and exactly 51 votes, then 26 “yes” votes (a majority of the quorum) are enough to approve.

Effect

Harder to achieve because it counts non-voters as “no” votes.

Easier to achieve because it counts only those who actually vote, once the quorum is met.

Typical Uses

Major actions such as:
 • Amending CC&Rs
 • Approving mergers/dissolution
 • Removing directors in some cases

Routine membership votes, such as:
 • Ratifying budgets
 • Electing directors
 • Regular member approvals requiring a quorum

Statutory Reference

Civil Code § 4065

Civil Code § 4070

Quick Summary

• § 4065 = “Majority of Everyone” → Harder threshold
• § 4070 = “Majority of Those Voting (if quorum present)” → Easier and more practical for day-to-day decisions

Civil Code § 4230 — Removing Declarant Provisions

Purpose:
This section allows a homeowner’s association (HOA) board, under specific conditions, to amend its governing documents to remove obsolete developer (“declarant”) provisions once the developer is no longer active in construction or marketing.

(a) When the Board May Act

The board may delete developer provisions after all the following have occurred:

1. The developer has completed construction of the project.
2. The developer has stopped construction activities.
3. The developer has stopped marketing or selling units/lots.

Only provisions that were clearly intended to help the developer complete or market the project may be removed.
However, the board cannot remove provisions tied to a specific construction or marketing phase until that phase is fully completed.

(b) Types of Provisions That Can Be Removed

The deletions are limited to provisions that:

• Allow developer access over or across common areas for:
  1. Completing construction, or
  2. Building or maintaining temporary facilities (e.g., sales offices, model homes, signage, etc.) used for construction or marketing purposes.

(c) Notice and Open Meeting Requirements

Before acting, the board must:

1. Give 30 days’ advance notice to all members via individual delivery (per Civil Code § 4040), including:
   • The proposed amendment text, and
   • The date, time, and location of the board meeting where the amendment will be considered.

1. Discuss and consider adoption only in an open board meeting, where members may comment.
2. Conduct all deliberations in open session (not in executive session).

(d) Member Approval Requirement

The board cannot unilaterally amend the governing documents under this section.
It must obtain approval from a majority of a quorum of the members, following Civil Code § 4070.

• A quorum under this section is defined as:

More than 50% of members who own no more than two separate interests in the development.

This prevents a developer who still owns multiple unsold units from controlling the vote.

Practical Application

Once the developer’s involvement ends, the HOA board may:

• Remove outdated construction and marketing clauses (e.g., “developer may use clubhouse as sales office”).
• Streamline governing documents to reflect resident-controlled governance.

This process ensures transparency, member participation, and the proper legal transition from developer to homeowner control.

Summary of Civil Code § 4255 – Airport Influence Area Disclosures

Purpose

To ensure buyers are informed when a property is located within areas affected by airport operations or the San Francisco Bay Conservation and Development Commission (BCDC) jurisdiction.

Key Provisions

(a) Airport Vicinity Notice

If a common interest development (CID) is within an airport influence area, and its declaration is recorded after January 1, 2004, it must include this exact disclosure:

NOTICE OF AIRPORT IN VICINITY
This property is presently located in the vicinity of an airport, within what is known as an airport influence area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (for example: noise, vibration, or odors). Individual sensitivities to those annoyances can vary from person to person. You may wish to consider what airport annoyances, if any, are associated with the property before you complete your purchase and determine whether they are acceptable to you.

(b) Definition

An “airport influence area” (also called an “airport referral area”) is:

The area where airport-related noise, overflight, safety, or airspace protection factors may significantly affect land uses or require restrictions, as determined by an airport land use commission.

(c) San Francisco Bay Conservation and Development Commission (BCDC) Notice

If the CID lies within BCDC jurisdiction (see Gov. Code § 66610), and the declaration was recorded on or after January 1, 2006, it must include this notice:

NOTICE OF SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION JURISDICTION
This property is located within the jurisdiction of the San Francisco Bay Conservation and Development Commission. Use and development of property within the commission’s jurisdiction may be subject to special regulations, restrictions, and permit requirements. You may wish to investigate and determine whether they are acceptable to you and your intended use of the property before you complete your transaction.

(d) Effect on Title

These notices do not create a defect, lien, or encumbrance on title.
They are purely disclosure statements for buyer awareness and compliance.

Civil Code § 4270 — Requirements for Amendment

(a) A declaration may be amended pursuant to the governing documents or this Act.
(b) An amendment is effective after it is recorded in the county recorder’s office where the development is located.

Meaning:

• The amendment must follow whatever procedure is described in the declaration (e.g., vote threshold, notice, etc.), or if none is provided, it follows statutory default rules.
• Even if the members vote to approve it, it does not take legal effect until properly recorded.

Civil Code § 4275 — Court Petition to Approve Amendment

If an association cannot obtain the required percentage of member approval to amend its declaration, it may petition the superior court for approval.

Key Conditions (§ 4275(a)–(c)):

• The association must have made a good faith effort to secure approval through proper notice, solicitation, and reasonable efforts.
• The proposed amendment must be reasonable and consistent with public policy.
• The court may grant the petition if it finds:
  1. Balloting was correctly conducted,
  2. All owners were given notice and a fair chance to vote,
  3. The amendment would have passed but for a small shortfall,
  4. The amendment is otherwise lawful and not detrimental to any member.

Effect:

• Upon court order, the amendment is deemed approved and may be recorded.
• This allows older HOAs to update CC&Rs that are impossible to amend due to outdated supermajority requirements or owner apathy.

Practical Summary — How It All Works Together

Step      Relevant Code             Summary of Requirement

1             § 4260                   The declaration may be amended unless expressly prohibited.

2            § 4270(a)               Follow the amendment procedure in governing documents or default rules.

3            § 4270(b)              Amendment is effective only upon county recordation.

4            § 4275                    If the member approval threshold can’t be met, the association may petition the  court for approval.

Example Scenario

An HOA’s CC&Rs from 1975 require 100% owner consent for any amendment. Only 85% approve of a modernization amendment.

• Under § 4260, the document can still be amended since it’s not expressly “non-amendable.”
• Under § 4270, the association follows the proper notice and voting process.
• Under § 4275, the HOA petitions the court, showing good-faith efforts and reasonable owner support.
• The court grants approval → the amendment is recorded → it becomes legally effective.

Amending the Declaration (CC&Rs): Full Legal Roadmap

I. Authority to Amend

Civil Code § 4260 — Amendment Authorized

• Unless the declaration expressly states it is not amendable, it may be amended at any time.
• Applies even if the original CC&Rs do not contain amendment language.
• Gives associations the ongoing right to modernize governing documents.

II. Procedure & Effectiveness

Civil Code § 4270 — Amendment Procedure

• (a) The declaration may be amended following either:
  • The procedure stated in the declaration, or
  • The statutory procedure under the Davis-Stirling Act.
• (b) An amendment becomes effective only upon recordation in the county recorder’s office.

Practical Note:
Member approval alone is not enough. The signed and notarized amendment must be recorded to take legal effect.

III. When the Vote Falls Short

Civil Code § 4275 — Petition to Superior Court

If the association cannot obtain the required member vote despite good faith efforts, it may petition the superior court to approve the amendment.

Court may approve if it finds:

1. The association properly conducted the vote and notified all owners.
2. Owners had a fair opportunity to vote.
3. The proposed amendment received significant owner support (close to the threshold).
4. The amendment is reasonable and consistent with public policy.

Effect:
The court may order that the amendment is deemed approved and recordable, allowing older HOAs to overcome impractical or impossible thresholds.

IV. Voting Requirements and Definitions

Civil Code § 4065 — “Majority of All Members” Defined

“Majority of all members” means an affirmative vote of a majority of all votes entitled to be cast by members, not just those voting.

Example:
If there are 100 units, at least 51 “Yes” votes are required — abstentions or non-votes count as “No.”

Civil Code § 4070 — “Majority of a Quorum” Defined

A “majority of a quorum” means an affirmative vote of a majority of votes represented and voting, provided a quorum is present.

Example:
If the quorum is 51 of 100 members, and 60 vote, then a majority of those 60 (i.e., 31 “Yes”) is sufficient.

Civil Code § 5100 — Secret Ballot Requirement

All member votes to amend governing documents (including CC&Rs, bylaws, and election rules) must be conducted by secret ballot under § 5100(a)(1).

Key Requirements:

• Double-envelope system: one inner ballot envelope + one outer envelope with identifying info.
• Ballots are mailed to all members.
• Inspector(s) of elections tabulate votes at an open meeting.
• No proxies for ballot issues unless explicitly authorized and consistent with the bylaws.

Civil Code § 5115 — Notice & Timelines for Elections

1. At least 30 days before ballots are mailed, members must receive notice of:
   • The date/time of ballot tabulation.
   • The list of candidates (if applicable) or proposed amendments.
   • The address where ballots are to be returned.

1. Ballots must be mailed at least 30 days before the voting deadline.
2. Quorum and majority thresholds apply as defined in §§ 4065 and 4070.

V. Recording & Certification

Once approved:

1. The association certifies the results by board resolution.
2. The amendment text is signed, notarized, and recorded under § 4270(b).
3. Copies must be distributed to all members within a reasonable time, typically 15–30 days after recordation.

VI. Summary Table of Key Sections

Topic                                       Civil Code                     Requirement / Definition

Authority to Amend             § 4260          Declaration may be amended unless expressly prohibited.

Amendment Procedure       § 4270          Must follow governing docs or statute; effective upon recordation.

Court Petition (Shortfall)      § 4275         Court may approve amendment if reasonable and properly noticed.

Majority of All Members       § 4065        Affirmative vote of majority of all eligible members.

Majority of Quorum              § 4070        Majority of those voting, provided a quorum is present.

Secret Ballot Required          § 5100          Required for CC&R or Bylaw amendments.

Election Notice & Timelines  § 5115           30-day notice before ballots; public   tabulation.

VII. Best Practice Guidance for Boards

1. Review Amendment Language: Ensure clarity, legality, and consistency with Civil Code.
2. Engage Legal Counsel: Counsel should draft or review any proposed amendment.
3. Plan Timeline: Allow 90–120 days from proposal to recording.
4. Maintain Transparency: Communicate with members throughout the world, including FAQs and a sample ballot.
5. Certify and Record: Record promptly and distribute to all owners.

Civil Code § 4265 — Amendment to Extend Term of Declaration (Summary & Explanation)

Purpose and Legislative Intent

This section addresses the issue of older common interest developments (CIDs)—such as condominiums or HOAs—whose declarations (CC&Rs) have a fixed expiration date but lack a mechanism to extend their duration.

• The Legislature recognizes that allowing such declarations to expire could cause the community to lose its structure, maintenance funding, and restrictions, leading to property deterioration.• Because these governing covenants are vital to maintaining shared assets and affordable housing, the law provides a statutory method to extend them. 

Key Provisions

(a) Findings

• Some older CC&Rs do not include language for renewal or extension.• Declarations are crucial for preserving the development’s common plan and ensuring financial support for maintenance of shared components (roofs, roads, HVAC, recreation areas, etc.).• The Legislature declares that it serves the public interest to provide a method for extension by member vote.• The required threshold is a majority of all members, as defined in Civil Code § 4065 (majority of all votes entitled to be cast, not just those present). 

(b) Authority to Extend

• If the declaration has a termination date but no extension clause, it may be extended before it expires.• The extension must be approved under Civil Code § 4270, which governs the general process for amending declarations (including notice, ballot procedures, and recordation of the amendment). 

(c) Term Limits on Extension

• Each individual extension cannot exceed the original termof the declaration or 20 years, whichever is less.• However, multiple extensions are allowed—the community can continue to renew in future periods as long as each extension follows this process. 

Practical Effect

This section gives homeowners associations a clear, legally sanctioned process to extend expiring CC&Rs, even if the original documents were silent on renewal. Without this statute, associations could dissolve automatically upon the declaration’s expiration, leaving common areas ungoverned and maintenance unfunded.

Summary and explanation of Civil Code § 4270 – Amendment Procedure(California Davis–Stirling Act)

Overview

This section outlines how a common interest development (CID), such as a condominium or HOA, may amend its Declaration (CC&Rs). It ensures that any amendment follows a formal, verifiable process before becoming legally effective.

Subsection (a): Steps for a Valid Amendment

Unless another Civil Code section provides a special process (like §§ 4225, 4230, 4235, or 4275), three key steps must be completed:

1. Approval by Required Percentageo The amendment must be approved by the percentage of members stated in the Declaration (for example, 67%, 75%, or sometimes a majority).o If the Declaration requires approval from another party (like the Declarant, mortgagees, or city agency), that consent must also be obtained.2. Certification by an Authorized Officero After approval, an association officer — usually the one designated in the Declaration, or if none, the President — must certify in writing that the amendment was properly approved.o This certification must be executed and acknowledged(notarized).3. Recording Requiremento The amendment must be recorded in the county recorder’s office of each county where the development is located.o The amendment becomes effective only upon recordation. 

Subsection (b): Default Approval Threshold

If the Declaration doesn’t specify what percentage of members must approve an amendment, then:

• The amendment can be approved by a majority of all members (not just a quorum).• This standard is set by Civil Code § 4065. 

In Practice

• Before: Confirm whether your Declaration specifies a required voting threshold and any additional approvals.• During: Ensure ballots or written consents are properly collected and tallied according to association voting procedures.• After: Obtain certification from the President (or other designated officer), have it notarized, and record the amendment with the county recorder.

Civil Code § 4275 provides a judicial remedy for amending an association’s Declaration of Covenants, Conditions, and Restrictions (CC&Rs) when the amendment fails to achieve the required level of member approval. Below is a plain-language summary and procedural outline you can use for HOA board training or amendment planning:

Purpose

This section allows an HOA or any individual member to petition the superior court to approve (or “confirm”) an amendment to the Declaration when the required percentage of member votes could not be obtained, despite reasonable efforts.

When to Use

You can invoke § 4275 if:

• The Declaration requires more than 50% of members (or more than one voting class) to approve an amendment; and• The association has conducted a proper and diligent voting process but still falls short of that percentage. 

Petition Requirements (Subdivision a)

The petition must include:

1. Governing documents (Declaration, Bylaws, etc.)2. Full text of the proposed amendment3. Copies of all notices and solicitation materials used to gather votes4. Explanation of the amendment’s purpose5. Other relevant documents showing compliance and votetallies

The petition must also describe efforts made to solicit votes and the results of the voting.

Notice and Hearing (Subdivisions b–c)

• The court sets a hearing date and decides how notice will be provided.• At least 15 days’ written notice of the hearing must go to:o All members,o Any mortgagees or beneficiaries entitled to notice under the Declaration, ando The local city or county (if required by the Declaration).

The court may approve the petition if it finds all the following:

1. Proper notice was given.2. Balloting complied with the law and governing documents.3. All eligible members had a fair chance to vote.4. Over 50% of members (or each class, if applicable) voted in favor.5. The amendment is reasonable.6. No statutory or legal reason exists to deny it. 

Court Authority (Subdivision d)

If the findings above are met, the court can:

• Confirm the amendment as validly approved, or• Reduce or waive the quorum or percentage requirements otherwise required by the Declaration. 

Limitations (Subdivision e)

The court cannot approve amendments that:

1. Change multi-class voting requirements without approval from each affected class.2. Remove the declarant’s special rights without their consent.3. Impair mortgagee security interests without the required lender approvals. 

Recordation & Effectiveness (Subdivision f)

The amendment becomes effective only when:

• The court order and the amendment are both recorded in the county (or counties) where the development is located.• Once recorded, it has the same legal force as if adopted under the Declaration’s original procedures. 

Distribution to Members (Subdivision g)

After recordation, the association must individually deliver to each member:

• A copy of the recorded amendment, and• A statement confirming that it has been recorded (pursuant to § 4040 delivery rules).

Civil Code § 4280 — Content of Articles of Incorporation under the Davis-Stirling Common Interest Development Act

Purpose

This section governs what must be included in the Articles of Incorporation when forming a homeowner’s association (HOA) or other common interest development (CID) corporation.

Key Requirements

(a) Mandatory Statement in Articles
The Articles of Incorporation filed with the Secretary of Statemust include a statement, in addition to the normal corporate purpose, that:

1. Identifies the Corporation
Declares that the corporation is an association formed to manage a common interest development under the Davis-Stirling Common Interest Development Act.2. Provides Location Details
Lists the business or corporate office of the association.o If this office is not located at the development site, the Articles must also include:▪ The front street and the nearest cross street for the physical location of the common interest development.3. Names the Managing Agent (if any)
Includes the name and address of the association’s managing agent, if one exists. 

(b) Statement of Information
When the association later files its Statement of Informationwith the Secretary of State (pursuant to Corporations Code § 8210), it must again include a statement identifying the corporation as an association formed to manage a common interest development under the Davis-Stirling Act.

Practical Effect

This section ensures that HOAs are clearly identified as Davis-Stirling entities in public records, providing transparency about their purpose, location, and management for owners, buyers, and regulators.

Summary of Civil Code § 4340

This section defines key terms used in the article concerning operating rules for homeowners’ associations (HOAs).

(a) “Operating Rule”

An operating rule is a regulation adopted by the board of directors that:

• Applies generally to how the common interest development (CID) is managed and operated, or• Governs the business and affairs of the association.

In other words, these are board-made regulations that set day-to-day procedures or standards (e.g., pool hours, parking restrictions, architectural guidelines).

(b) “Rule Change”

A rule change refers to any adoption, amendment, or repealof an operating rule by the board.

Practical Meaning for Associations

This section establishes the foundation for later provisions (§§ 4340–4370) governing howboards must adopt, amend, or repeal rules — including notice, member comment periods, and limits on board authority.
Essentially, § 4340 clarifies that “operating rules” are board-level regulations (not CC&R or bylaw amendments), and any modification of them is considered a “rule change” subject to statutory procedures.

Summary of Civil Code § 4350 — Operating Rule Requirements for Enforceability under the Davis-Stirling Common Interest Development Act

Summary

An operating rule (a regulation adopted by the HOA board for managing the community or conducting association business) is valid and enforceable only if all the following five conditions are met:

1. Written Form —
The rule must be in writing, not verbal or implied.2. Proper Authority —
The rule must fall within the authority granted to the board by:o Law, oro The association’s declaration (CC&Rs), articles of incorporation, or bylaws.3. No Conflict —
The rule cannot contradict:o State or federal law, oro The association’s own governing documents.4. Good Faith Adoption —
The rule must be adopted, amended, or repealed:o In good faith, ando In substantial compliance with the notice, comment, and adoption procedures required under this Article (beginning with Civil Code § 4340).5. Reasonableness —
The rule must be reasonable — that is, rationally related to a legitimate purpose of the association and not arbitrary or discriminatory. 

Civil Code § 4360 — Procedure for Adopting, Amending, or Repealing Operating Rulesunder the Davis-Stirling Common Interest Development Act:

Civil Code § 4360 — Summary

This section outlines the mandatory procedural steps an HOA board must follow before adopting, changing, or repealing an operating rule. The purpose is to ensure transparency, owner participation, and fair governance.

(a) Notice and Comment Requirement

Before adopting, amending, or repealing any operating rule, the board must:

1. Provide General Notice to all members at least 28 days before making the decision.o The notice must include:▪ The text of the proposed rule changes or a description of it.▪ An explanation of the purpose and effect of the proposed change.2. Allow Member Comments:o During this 28-day period, members may submit comments in writing to the board.3. Discuss at an Open Meeting:o After the 28-day notice and comment period, the board must consider the proposed rule change at a board meeting that is open to all members (per § 4900 et seq.). 

(b) Effective Date

• Once adopted, the new or amended rule becomes effective immediately, unless the board decides on a later date.• The board must notify all members of the decision (the rule’s adoption, amendment, or repeal) within 15 days after the board’s action. 

(c) Emergency Exception

If an immediate rule change is required to address an imminent threat to health or safety,the board may adopt a rule without following the 28-day notice period.
However:

• The rule must be adopted at a duly noticed open meeting, and• It is temporary — it remains in effect only for 120 days, unless properly adopted under the normal notice and comment procedure. 

In Context

When read together:

• § 4340 defines what an operating rule is.• § 4350 establishes the five validity requirements (written, authorized, consistent, good faith, reasonable).• § 4360 describes how the rule must be adopted to meet those validity requirements.

HOA Operating Rule Adoption Checklist

(Complies with Civil Code §§ 4340–4360)

STEP 1 — Draft the Proposed Rule

Prepare a written draft of the proposed operating rule, amendment, or repeal.
Include:

• The full text of the proposed change (strikeouts and underlines for clarity if amending).• A plain-language explanation of its purpose and expected effect.• Citation to relevant authority (e.g., Declaration section, bylaw article, or Civil Code reference).

Tip: Confirm that the rule is:

• Within the board’s authority (§ 4350(b)),• Consistent with law and governing documents (§ 4350(c)), and• Reasonable (§ 4350(e)). 

STEP 2 — Provide 28-Day Member Notice

At least 28 days before the board meeting where the rule will be considered:

• Deliver general notice to all members (per § 4045).• Include:1. The text or summary of the rule.2. A statement of purpose and effect.3. Invitation for written comments from members.4. The date, time, and place of the open meeting where the rule will be discussed and voted upon.

Delivery options (per Civil Code §§ 4040–4045):

• Email or mail according to each member’s preferred method.• Posting on the HOA’s website or notice board if designated in the annual policy statement. 

STEP 3 — Hold Open Board Meeting

After the 28-day period:

• Place the item on the open meeting agenda.• Review all member comments received.• Discuss and vote on adoption, amendment, or repeal of the rule.

Include the decision in the minutes.

STEP 4 — Notify Members of the Outcome

Within 15 days after the board’s action, provide general noticeto all members stating:

• The action taken (adopted, amended, or repealed).• The effective date (immediate or later).• Where the full text of the rule can be viewed or obtained. 

STEP 5 — Maintain and Publish Rules

Update the association’s operating rules manual and ensure copies are:

• Available for inspection upon request, and• Included with annual disclosures if required (§ 5310). 

Emergency Exception (Optional Step)

If an immediate rule is needed to address an imminent threat to health or safety:

• The board may adopt it at a duly noticed open meetingwithout 28-day notice.• The emergency rule expires in 120 days, unless later adopted through the normal process.

Civil Code § 4355, which defines when the rulemaking procedures in Civil Code §§ 4360 (Notice and Comment) and 4365 (Member Veto Rights) apply.

§ 4355(a) — When Rulemaking Procedures Apply

The notice, comment, and veto procedures in §§ 4360 and 4365 apply only when the Board adopts or changes an operating ruleconcerning one or more of these seven areas:

1. Use of common area or exclusive-use common area.2. Use of separate interests(individual units), including aesthetic or architectural standards for alterations.3. Member discipline, such as fines or penalties for rule violations, and how they are imposed.4. Standards for delinquent assessment payment plans.5. Procedures for dispute resolution(e.g., internal dispute resolution or ADR).6. Procedures for approving or denying physical changesto a member’s unit or the common area.7. Procedures for elections.

In short: if the rule affects how members live, use property, or interact with association processes, §§ 4360 and 4365 apply.

§ 4355(b) — When Rulemaking Procedures Do NotApply

The rulemaking procedures do not apply to the following Board actions:

1. Maintenance decisions about the common area (e.g., when to paint or repair).2. Case-specific decisions that do not set a general rule (e.g., approving one owner’s request).3. Setting assessments (regular or special).4. Rule changes mandated by law where the Board has no discretion (e.g., state-required updates).5. Documents that merely restateexisting law or governing documents. 

Here’s a summary chart for Civil Code § 4355 — Application of Rulemaking Proceduresshowing when the notice-and-comment and member-veto provisions (§§ 4360 & 4365) apply and when they do not:

When Rulemaking Procedures Apply

(Board must follow Civil Code § 4360 notice + comment and § 4365 member-veto rights)

Subject Matter of Rule

Examples

Procedures Required

1. Use of common area or exclusive-use common area

Pool hours, parking rules, clubhouse reservations, pet areas

Yes

2. Use of separate interests (units/lots),including aesthetic or architectural standards

Paint colors, balcony enclosures, window coverings, and landscaping changes

Yes

3. Member discipline (fines, penalties, process)

Schedule of fines, warning letters, and hearing procedures

Yes

4. Standards for delinquent assessment payment plans

Payment plan eligibility, timeframes, and required documentation

Yes

5. Procedures for dispute resolution

Internal dispute resolution (IDR) steps, mediation request forms

Yes

6. Procedures for architectural review or physical-change approvals

Design-review process, required forms, deadlines for decisions

Yes

7. Procedures for elections

Candidacy qualifications, inspector of election duties, and voting methods

Yes

When Rulemaking Procedures Do Not Apply

(Board may act without § 4360 notice + comment or § 4365 veto process)

Board Action Type

Examples

Why Not Covered

1. Common-area maintenance decisions

Scheduling roof repair, hiring a landscaper, and repainting hallways

Operational decision, not a general rule

2. Specific, case-by-case decisions

Approving one homeowner’s request, granting a hardship waiver

Not a rule of general application

3. Setting assessment amounts

Annual budget assessments, special assessments

Governed by § 5605 et seq., not 4355

4. Mandatory rule change required by law

Updating election rules to comply with the new statute

No Board discretion on substance

5. Document that merely repeats existing law or governing documents

Reprinting CC&R provisions or quoting statutes

Not a “rule change” at all

Practical Tip for Boards

Before adopting any policy, ask:

“Does this rule regulate how members use property or interact with association procedures?”

If yes, follow the § 4360 notice and comment and allow the § 4365 veto window.
If no, it likely falls under a § 4355(b) exemption and can be acted on directly at an open meeting.

California Civil Code § 4360 governs notice and approval procedures for board-adopted operating rule changes under the Davis-Stirling Common Interest Development Act.

1. Advance Notice (Subdivision a)

• The board must give general notice (per § 4045) of any proposed rule change at least 28 days before adoption.• The notice must include:o The exact text of the proposed rule change.o A description of its purpose and effect.• Exception: No prior notice is required if the board determines an immediate rule change is needed to address:o An imminent threat to public health or safety, oro An imminent risk of substantial economic loss to the association.
(These are called “emergency rule changes.”) 

2. Member Input and Board Vote (Subdivision b)

• The board must decide on the proposed rule at a board meeting.• Members have the right to comment before the board votes. 

3. Notice After Adoption (Subdivision c)

• After adopting any rule change, the board must give general notice within 15 days.• For emergency rule changes, that notice must include:o The text of the change.o A descriptionof its purpose and effect.o The date the rule expires. 

4. Emergency Rules (Subdivision d)

• The board may adopt a rule without prior notice if:o There’s an imminent threat to health or safety, oro An imminent risk of major financial loss.• The emergency rule:o Is effective for up to 120 days (or a shorter period stated in the rule).o Cannot be re-adopted under the emergency provision. 

Here’s how Civil Code §§ 4350, 4355, and 4360 work together — they form the complete rulemaking framework for California homeowners’ associations (HOAs) under the Davis-Stirling Common Interest Development Act.

1. Civil Code § 4350 — Enforceability Requirements

A rule is only valid and enforceable if it meets all five conditions:

Requirement

Meaning

(a) In writing

The rule must be written down — no verbal or informal practices count.

(b) Within board authority

The rule must fall within the powers granted by law or the governing documents (declaration, bylaws, articles).

(c) Not in conflict

The rule must not conflict with the law or any higher-ranking governing documents.

(d) Adopted in good faith and in substantial compliance

The board must act fairly, following the notice and procedure requirements of this article (e.g., § 4360).

(e) Reasonable

The rule must make sense and not be arbitrary, capricious, or discriminatory.

In short, even if a board “passes” a rule, it’s unenforceable unless it satisfies all these legal standards.

2. Civil Code § 4355 — When Rulemaking Procedures Apply

This section defines which types of rules trigger the procedural requirements in § 4360 (the 28-day notice and comment process).

(a) Procedures apply to operating rules dealing with:

1. Use of common areas or exclusive use common areas(e.g., pool hours, parking spaces).2. Use of separate interests (e.g., architectural or aesthetic standards).3. Member discipline(e.g., fines, penalties, hearing procedures).4. Delinquent assessment payment plans.5. Dispute resolution procedures.6. Architectural approval procedures (changes to separate interests or common area).7. Election procedures.

(b) Procedures do not apply to:

1. Maintenance decisions (e.g., routine upkeep).2. One-off decisions not intended to apply generally.3. Setting assessment amounts (regular or special).4. Rule changes required by law.

In short: § 4355 draws the boundary lines — it tells the board when it must use the formal § 4360 notice-and-approval process, and when it doesn’t need to.

3. Civil Code § 4360 — Notice and Approval of Rule Changes

This section prescribes how the board must adopt or change an operating rule (when § 4355 says the procedures apply).

Key Steps:

1. Notice Before Adoption (§ 4360(a)):o Give general notice (per § 4045) at least 28 days before adoption.o Include the text and a summary of purpose and effect.2. Member Input and Vote (§ 4360(b)):o The board decides on the rule at a board meeting after considering any member comments.3. Notice After Adoption (§ 4360(c)):o Provide general noticewithin 15 days after adoption.o If it’s an emergency rule, the notice must also include the expiration date.4. Emergency Rules (§ 4360(d)):o May be adopted without prior noticeonly if needed to address an imminent threat to health/safety or substantial economic loss.o Automatically expires after 120 days (or sooner if specified).o Cannot be re-adoptedunder the emergency provision.

In short: § 4360 is the procedure for adopting enforceable rules. It operationalizes the notice, comment, and timing requirements that make a rule valid under § 4350.

4. The Framework in Practice

Step                                                 Legal Basis                                                 Summary

1. Identify the subject                  § 4355                Determine whether the proposed rule affects one of the     

                                                                                      seven listed areas — if yes, full procedure applies.

2. Draft rule                                 § 4350(a)-(c)    Ensure it’s written, authorized, and not in conflict with higher 

                                                                                      documents.

3. Give notice (28 days)              § 4360(a)          Provide members with text and rationale for comment.

4. Hold meeting/vote                  § 4360(b)         Consider member input and adopt at an open meeting.

5. Deliver final notice (15 days) § 4360(c)          Notify members of the adoption and the effective date.

6. Confirm reasonableness

 & good faith                                 § 4350(d)-(e).  Ensure the rule is fair, reasonable, and adopted properly.

Civil Code § 4500 — Ownership of Common Area (Summary & Explanation)

This section of the California Davis-Stirling Common Interest Development Act governs how ownership of the common areais held in a condominium project or certain planned developments.

Key Rule

Unless the Declaration (CC&Rs) says otherwise:

• In a condominium project, or• In a planned development where the common area is owned by the individual homeowners,

the common area is owned by all owners as tenants in common, and each owner holds an equal share — one share per separate interest (i.e., per unit, lot, or parcel).

Practical Effect

• Each homeowner owns a fractional undivided interest in the common area (e.g., hallways, roofs, lawns, recreation rooms, etc.).• No single owner can claim a specific portion of the common area exclusively (except for areas designated as exclusive use common areas).• The percentage ownership usually is equal unless the CC&Rs allocate unequal shares (for example, based on unit size or value).

Example

If a condominium project has 20 units and the Declaration is silent on ownership proportions:

• Each unit owner automatically owns 1/20th of the common area as a tenant in common with all other owners.

Here’s how exclusive use common areas fit into the ownership framework established by Civil Code § 4500:

Common Area vs. Exclusive Use Common Area

1. Common Area (General)

Under § 4500, the common area of a condominium or planned development is owned collectively by all members as tenants in common, in equal shares, unless the declaration provides otherwise.
Examples include:

• Building exteriors and roofs• Structural components• Shared hallways and stairwells• Recreational facilities (pool, gym, clubhouse)• Landscaping and driveways (if not deeded separately)

Each owner’s undivided fractional interest is inseparable from their ownership of their separate interest (unit, lot, etc.).

2. Exclusive Use Common Area

Defined in Civil Code § 4145, exclusive use common areameans a portion of the common area that is designated for the exclusive use of one or more, but fewer than all, owners—even though legal title to that area remains vested in all owners collectively as tenants in common.

Common examples:

• Balconies or patios attached to a specific unit• Assigned parking spaces or carports• Storage lockers• Air-conditioning units or exterior doors/windows serving a single unit

In other words, an owner does not own that area outright; they simply have an exclusive right to use it.

Control and Modification of Exclusive Use Areas

Civil Code § 4600 — Grant or Designation of Exclusive Use

An association cannot grant exclusive use of any portion of the common area to an individual owner without approval by at least 67% of the membership, unless:

• The area was already designated as exclusive use in the recorded declaration, or• The change is for minor assignments (like parking or storage) permitted by the CC&Rs.

This rule prevents boards from giving away or privatizing portions of the common area without the owner's consent.

Civil Code § 4605 — Member Challenge

If an association improperly grants exclusive use of common area without proper member approval, any member can challenge that decision in court—typically within one year of the action.

Summary

Concept                                              Legal Basis                              Ownership / Rights

Common Area                                  § 4500             Owned by all owners as tenants in common, equal shares 

                                                                                         unless otherwise stated

Exclusive Use Common Area       § 4145               Still part of the common area, but subject to an individual’s 

                                                                                         right of exclusive use

Granting Exclusive Use Rights     § 4600             Requires member approval (usually 67%), unless already 

                                                                                        provided for in the CC&Rs

Challenge to Improper Grant       § 4605             Members can challenge improper board actions within one year

HOA Rulemaking Flowchart (Davis–Stirling §§ 4350–4360)

Step 1 – Determine Subject Matter (§ 4355)
Ask: Does the rule relate to any of the following?
- Use of common or exclusive-use common area
- Use of separate interests / architectural or aesthetic standards
- Member discipline or fines
- Assessment payment plans
- Dispute-resolution procedures
- Architectural-review procedures
- Election procedures

➡ If Yes, follow § 4360 procedure.
➡ If No (e.g., maintenance decision, specific one-off case, setting assessments, rule required by law), you may adopt without the formal procedure.

Step 2 – Draft the Proposed Rule (§ 4350 a–c)
✔ Put the rule in writing.
✔ Ensure authority exists in declaration, bylaws, or statute.
✔ Confirm no conflict with law or higher documents.
(Keep text precise; include purpose and intended effect.)

Step 3 – Provide 28-Day Member Notice (§ 4360a)
At least 28 days before adoption:
- Deliver general notice (per § 4045).
- Include full text of proposed rule + summary of purpose and effect.
- Invite member comments.

Step 4 – Consider Member Comments and Vote (§ 4360 b)
At an open board meeting:
- Review member input.
- Discuss publicly.
- Adopt, reject, or revise rule by board vote (reflected in minutes).

Step 5 – Issue Notice After Adoption (§ 4360 c)
Within 15 days after adoption, deliver general notice of:
- Final rule text.
- Purpose and effect.
- Effective date.
(For emergency rules: also state expiration date.)

Step 6 – Confirm Good Faith & Reasonableness (§ 4350 d–e)
Ensure the rule is:
- Adopted in good faith and in substantial compliance with procedure.
- Reasonable —not arbitrary, capricious, or discriminatory.

Step 7 – File and Maintain Records
Archive the following in association records:
- Draft and final rule text.
- Member notice and comment materials.
- Board minutes of the adoption meeting.
- Proof of delivery of final notice.

Emergency Rule Procedure (§ 4360d)

Use only when immediate action is required to address:

• Imminent threat to public health or safety, or• Imminent risk of substantial economic loss to the association.

No prior notice required.
Rule effective for up to 120 days (unless a shorter period is specified).
May not be re-adopted under the emergency provision.
As soon as possible (but ≤ 15 days after adoption): deliver general notice with text, purpose, effect, and expiration date.

Compliance Checklist for Boards

Item                                                                       Civil Code Ref           Completed ✔

Rule falls within § 4355 subjects                     4355(a)

Written draft with purpose and effect           4350(a), 4360(a)

Authority verified & no conflict                        4350(b),(c)

28-day general notice issued.                          4360(a)

Member comments collected                          4360(b)

Adopted at open meeting                                 4360(b)

Post-adoption notice within 15 days               4360(c)

Rule reasonable & good faith                            4350(d),(e)

Records archived                                                  Corp Code § 8320

(If emergency rule) Expiration ≤ 120 days 4360(d)

Summary of Civil Code § 4505 — Ingress and Egress Rights

This section defines the easement rights that accompany ownership of separate interests (e.g., individual units or lots) in common interest developments (CIDs), such as condominiums, community apartment projects, planned developments, and stock cooperatives. These rights ensure that every owner can access and structurally rely on the common area as necessary for reasonable use of their property.

Subdivision (a): Rights in Certain Common-Area Ownership Structures

• Applies to:
  • Community apartment projects
  • Condominium projects
  • Planned developments where the common area is owned jointly by the separate-interest owners (tenants in common)
• Each separate interest automatically includes nonexclusive rights of:
  • Ingress and egress — the right to enter and exit through the common area
  • Support — the right to physical support from the common area (e.g., shared walls, foundations, or roofs)
• The common area is legally subject to these rights, meaning these easements exist by law and cannot be unreasonably restricted.

Subdivision (b): Rights in Association-Owned Common Areas

• Applies to:
  • Stock cooperatives
  • Planned developments where the association owns the common area (rather than the owners jointly)
• Each separate interest has an appurtenant easement (a permanent, attached right) for:
  • Ingress and egress
  • Support (when necessary)
• Again, the common area is      subject to these easements, meaning the association must allow reasonable access and cannot obstruct owners’ legal use or structural reliance on the common area.

Practical Effect

In all types of common interest developments, owners cannot be denied access to their units or the necessary structural support from the common areas. These rights exist automatically by operation of law unless the declaration (CC&Rs) explicitly provides otherwise.

They protect owners from arbitrary restrictions by the board or other owners—ensuring essential access and structural integrity within the development.

Civil Code § 4510 — Access to Separate Interest (Summary & Explanation)

This section of the California Civil Code protects the fundamental right of property owners and lawful occupants in a common interest development (CID) — such as a condominium, cooperative, or planned development — to physically access their own home or unit.

Key Rule

An association (HOA) may not deny a member or occupant physical access to their separate interest.
This includes two specific prohibitions:

1. Restricting access through the common area (e.g., blocking gate entry, disabling key fobs, or denying parking access necessary to reach one’s unit).
2. Restricting access directly to the separate interest itself (e.g., changing locks or barricading entry).

Exceptions

Access may only be restricted under limited and lawful circumstances, such as:

• A court order (e.g., restraining order, eviction, or foreclosure).
• A final and binding arbitration      decision.
• Other laws that expressly authorize denying access (for example, if a governmental agency condemns a property or orders it vacated due to safety hazards).

Practical Application for HOAs

This statute ensures that an HOA cannot “lock out” an owner or occupant even if:

• They are delinquent on assessments;
• They are in violation of HOA rules; or
• There is an ongoing dispute.

The proper remedy for such issues is legal enforcement (fines, liens, or court action) — not physical exclusion.

Example Scenario

If a resident is behind on dues and the HOA disables their gate code, preventing them from reaching their unit, that would be a violation of Civil Code § 4510 unless there’s a court order authorizing such restriction.