Election season is around the corner and you want to show support to the political party that most closely falls in line with your way of life. Can the HOA stop you from posting political signs on your property?
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At some point, most homeowners who live in an HOA face some kind of dispute with either a neighbor or with the HOA itself. Some of those disputes can be quickly resolved via a conversation. Other disputes require more firepower. In the event that a homeowner needs that additional ammunition, there are a couple of different ways to seek redress. Some of those options are better than others.
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Accessory Dwelling Units (“ADUs”, “mother-in-law suites,” or “granny units”) are additional living quarters on the same lot as a primary dwelling unit. In recent years, the California Legislature has enacted several laws that limit the authority of local agencies to restrict these units. Effective January 1, 2020, Civil Code section 4751 applies limits to what HOAs can and can’t do to restrict ADUs:
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With the advent of popular websites like Airbnb and VRBO, many homeowners have discovered a new source of income: short-term rentals of their property. There are a variety of entities that regulate homeowners’ ability to rent their units, including their HOAs. But to what degree can an HOA restrict a homeowner from utilizing their property as they see fit? As with most things in the law, the answer is “it depends.”
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HOAs in California have a lot of power. Most homeowners are vaguely aware that HOAs can obtain liens. Some homeowners have “a friend of a friend” who was foreclosed upon. But most do not know what the extent of an HOA’s authority to file a lien or foreclose entails.
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The California Legislature understands the importance of energy efficiency. That’s a big part of why it implemented the California Solar Rights Act, articulated in Civil Code section 714 and 714.1. This statue prevents HOA governing documents from effectively restricting or prohibiting the installation of solar energy systems in the interest of individual homeowners. Good news.
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California law provides for two types of nuisance: public nuisance and private nuisance. From a statutory standpoint, California law broadly defines nuisance. It states: “[a]nything which is injurious to health, including, but not limited to, the illegal sale of controlled substances, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin, or any public park, square, street, or highway, is a nuisance.” (Civil Code § 3479.)
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Many clients come to us with the question: What are my rights when I experience water intrusion and/or damage to my home? The answer requires analysis of the cause of the leak, the homeowner’s CC&Rs, and other information.
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An HOA, through its board of directors, has a duty to enforce its governing documents. (Nahrstedt v. Lakeside Village Condominium Assn. (1994) 8 Cal.4th 361, 373-374, 380-383.) The enforcement of CC&Rs must be “in good faith, not arbitrary or capricious, and by procedures which are fair and uniformly applied.” (Liebler v. Point Loma Tennis Club (1995) 40 Cal.App.4th 1600, 1610; Nahrstedt, supra, 8 Cal.4th at p. 383; Cohen v. Kite Hill Community Assn. (1983) 142 Cal.App 3d 642, 650-652.) “This statutory presumption of reasonableness requires that recorded covenants and restrictions be enforced “‘unless they are wholly arbitrary, violate a fundamental public policy, or impose a burden on the use of affected land that far outweighs any benefit.’” (Market Lofts v. 9th Street Market Lofts (2014) 222 Cal.App.4th 924.)
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The short answer to this common questions is: Maybe.
In general, California’s HOA laws protect volunteer board members from personal liability. (Civ. Code §5800; Corp. Code §5047.5(b).) Directors of an association have no vicarious liability for torts of the association, even though they are the policymakers that control the association’s conduct. (Frances T. v. Village Green Owners Assn. (1986) 42 Cal. 3d 490, 504.) Directors and officers can also be indemnified by their association if they had no reasonable cause to believe their conduct was unlawful. (Corp. Code §7237.) The Corporations Code extends further protections under the Business Judgement Rule. Further, many CC&Rs and bylaws both protect officers and directors of HOAs from liability for negligence while in office. Often, the HOA’s insurance policy will cover directors and officers for errors and omissions made while in office.
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