Skip to main content

HOA ▶ Bill of Rights

Post original on 10Oct17, revised 23March18

Re: California Davis-Stirling Law ▶ Google ▶ Amazon ▶ Slideshow PDFIf you live in a common interest development, aka homeowners association (HOA), as most are doing in the Temescal Valley (and some 9 million throughout California), you should have a reference to the DAVIS-STIRLING LAW (DSL). ▶ This site does not give legal advice
Under DSL, a developer of a common interest development is able to create a homeowner association (HOA) to govern the development. As part of creating the HOA, the developer records a document known as the Declaration of Covenants, Conditions, and Restrictions (CC&Rs) against the units or parcels within the HOA with the county recorder. So, first and foremost, the HOA is an invention for real estate developers and a consequence for homeowners who buy into HOAs. Even though it is not a governmental entity, but a private business, the HOA operates like an “alternate city” (ALTACITIES) in many respects. As recognized by the Supreme Court of California, the Declaration of CC&Rs is the constitution of the HOA and is legally binding upon residents to the extent that it does not conflict with state or federal law. CC&Rs, once properly recorded, are presumed valid until proven otherwise. The California Courts of Appeal have explained the quasi-governmental nature of the HOA. More at the links below: Re: California Davis-Stirling Law ▶ Google | ▶ Amazon | ▶ Slideshow | ▶ PDF | ▶ ALTACITIES |
▶ MAGAZINE ALTA♥CITIES | NOTE ▶ At this time, not a single one of the online renditions of the DSL includes the so-called homeowner’s BILL OF RIGHTS or CA Senate Bill 407 that became law on September 11, 2017. LINK to PDF ▶

HOA ▶ Bill of Rights

One of the most prolific and industry-trusted sources for governance information about common interest developments or homeowner associations (HOAs) is the Honorable Lawrence Stirling who (you guessed right) was the half-sponsor of the California Davis-Stirling Act (DSA).

Because of that credibility on matters HOA, I have asked at his site for his opinion on the following new law, a recently enacted preamble for the DSA.

CA Chapter 236 (SB 407) (2017) : Your HOA 'Bill of Rights' (now law)


At the closing of the 2017 California Legislature session the second week of September, one of the oblique (meaning little-observed) and almost anonymous laws that was passed and signed by Governor Brown had the title that is noted above and is now archived in the following post.  One week later, almost nothing about this story appears in the public press.  A Google search barely mentions the topic.

The subject of the law is a homeowners Bill of Rights for the some 9 million residents of common interest developments, aka homeowner associations (HOAs), some 45,000 different communities in the state.

Since the new HOA law essentially becomes a preamble for the state code that governs HOAs, the law known since 1985 as the Davis-Stirling Act (see video link below), one might wonder why this so-called "Bill of Rights" had not been considered before.  Due to the existence of the USA Constitutional Bill of Rights, why did it take 32 years for our state lawmaker to take up the idea of a "bill of rights" for homeowners who are essentially living in private governmental communities that have no accountability beyond the geographical limits of those areas.

What about HOA petitions?

Re: (4) Canvassing and petitioning the members, the association board, and residents for the activities described in paragraphs (1) and (2) at reasonable hours and in a reasonable manner.

If you have heard negative comments from HOA board leaders about petitions, line #4 of the new Bill of Rights may be welcome.  Question is:  How do you create and manage a petition?

First, note that the Davis-Stirling Law (PDF link) has numerous references to petitions, but it is virtually silent on the process of homeowner petitions to the board.  Probably, that is due to the fact that the original draft (1985) and the revisions (2013) of the law did not include the Bill of Rights, nor did the law recognize this process.

Homeowners may ask for their HOA policy ad procedure for creating, drafting, and submitting petitions, but this, too, may not exist.

To help with this, here are some sources to consider:
  1. iPetitions ▶ Create a powerful online petition in just a few minutes. No technical knowledge is needed to start your online petition. Just click the button above and you'll be ready to start collecting signatures for your online petition right away. iPetitions: the most flexible online activism tools on the Internet. Read Our Guide To Successful Petitions
  2. Care2Petitions ▶ the world’s largest community for good. Here, you’ll find 39 million like-minded people working towards progress, kindness, and lasting impact. Care2 Stands Against: bigots, bullies, science deniers, misogynists, gun lobbyists, xenophobes, the willfully ignorant, animal abusers, frackers, and other mean people. If you find yourself aligning with any of those folks, you can move along, nothing to see here. How to Write a Successful Petition



Popular posts from this blog

Altacities ▶ SocialCurrentSee
#ALTACITES creator and archivist now posts content to the network above
ALTA♥CITIES▶ ▶ Hashtag book #Altacities #SocialCurrentSee #homeowners #associations #HOA archived by

ALTACITIES®▶ Blogger +
SocialCurrentSee® (SCS*)

▶ AltaCITIES® ▶ SCS*
▶ FLY-On-The-Web®▶SCS*
▶ MyGovWatch®▶ SCS*
▶ SeniorTime®▶ SCS*
▶ VoyagerVision®▶ SCS*

Condo owner curations

Around the community where we have lived since November 2011, a condominium, or condo, is not hard to define, even if the 170 condo units represent a small number compared to the total of 1317 homeowners in our entire HOA. Condos are the form of housing tenure and other real property where a specified part of a piece of real estate is collectively (in common) owned. Use of land access to common facilities in the community such as the exterior of buildings, roadways, green belts, pathways, and other non-residential structures are executed under legal rights associated with the common ownership. These rights are controlled by the association of owners that jointly represent ownership of the whole piece.

[View the story "Condo owner curations" on Storify]

Flip②▶ALTACITIES▶ SUBSCRIBE Get the taste of membership in ALTACITI…

Flipboard★Friday 'Men in America' #SocialCurrentSee

▶ SLIDESHOWPDF ▶ a post in triology on
▶ BLOGGER on Fly★on★the★Web®
▶ Amazone✘ng®
TODAY★WORTH® 'Men in America,' Part 4 of 8 (see archive above) : 'Toxic masculinity'? Obama administration sought new ways to close a gender gap that no longer exists. One idea was "breaking down gender stereotypes in toys." Educators at all levels took this seriously. #Tucker FOX News Channel (FNC) is a 24-hour all-encompassing news service dedicated to delivering breaking news as well as political and business news. The number one network in cable, FNC has been the most-watched television news channel for more than 15 years and according to a Suffolk University/USA Today poll, is the most trusted television news source in the country. Owned by 21st Century Fox, FNC is available in more than 90 million homes and dominates the cable news landscape, routinely notching the top ten programs in the genre. MORE NUZBLOGGER on Fly★on★the★Web
▶ Fri, Mar 30, 2018▶ Thu, Mar 29, 2018▶ Wed…