A guide to unenforceable HOA rules in California

This article is for general informational purposes only and does not constitute legal advice. Laws and regulations frequently change or may be subject to local variations. Boards should consult qualified legal counsel and work closely with their property management partner before creating, modifying, or enforcing any rules or penalties.
 

What are unenforceable HOA rules in California?

An unenforceable homeowners association (HOA) rule is one that violates a higher legal standard, conflicts with existing laws, or exceeds the authority granted to the association by its governing documents.

In California, HOAs primarily operate under the Davis-Stirling Common Interest Development Act, which governs how HOAs create and enforce rules, conduct elections, and manage common areas. Many associations are also formed under the California Nonprofit Mutual Benefit Corporation Law, which governs corporations formed for the mutual benefit of their members. HOAs must likewise adhere to the Unruh Civil Rights Act, the California Fair Employment and Housing Act, and the federal Fair Housing Act, which protect individuals from discrimination based on race, color, religion, sex, national origin, disability, and other protected characteristics.

Any rule that contradicts these statutes, discriminates against protected groups, or is improperly adopted may be deemed unenforceable if challenged.
 

Examples of unenforceable HOA rules in California

Some regulations may be challenged if they conflict with local, state, or federal law or aren’t properly enacted. Here are some examples of HOA rules that may be unenforceable in California:

• Improperly enacted HOA rules: When adopting or amending HOA rules, associations must follow the procedures outlined in their governing documents and state laws. This often includes providing written notice to members, holding a comment period, and voting in accordance with the HOA’s bylaws. Rules adopted without following these procedures might be invalidated or subject to legal challenge.
   
• Improperly enforced HOA rules: Even valid rules become vulnerable if the HOA enforces them inconsistently or fails to follow the due process steps required by California law (e.g., providing proper notice of a violation hearing, an opportunity for the homeowner to be heard, and a written ruling). Selective or arbitrary enforcement may lead to challenges in court.
   
• Discriminatory HOA rules: Under the Unruh Civil Rights Act, the California Fair Employment and Housing Act, and the Fair Housing Act, an HOA must not discriminate against protected classes. Any rule that restricts occupancy or use based on race, religion, familial status, disability, or other protected characteristics could be subject to legal challenge. The Davis-Stirling Act allows individual owners in an HOA to modify their homes at their own expense to facilitate their access, or to modify conditions that could present a danger.
   
• Rules outside HOA authority: HOAs cannot create rules that override local, state, or federal laws. For instance, an association generally cannot enforce parking bans on public streets outside the community’s boundaries.
   
• Outdated HOA rules: As California law evolves, particularly regarding environmental policies, fair housing, or homeowner protections, previously valid HOA rules may become unenforceable if they conflict with newer legislation or case law. Associations should consult an attorney to review and update their governing documents so they remain compliant.

FirstService Residential provides expert guidance to California communities in creating and enforcing rules that are transparent, fair, and legally compliant.
 

Examples of common enforceable HOA rules in California

When implemented and enforced according to the Davis-Stirling Act, association bylaws, and other applicable laws, these common HOA rules may be enforceable in California:

• Maintenance standards: Many HOAs require homeowners to maintain their property, such as mowing lawns or repairing external structures, to preserve the community’s overall appearance. Well-established, uniformly applied standards tend to hold up under scrutiny.
   
• Use of common amenities: HOAs often set reasonable rules for amenities like pools, clubhouses, or tennis courts. Requirements regarding operating hours, guest policies, or clean-up procedures are typically enforceable if properly documented and universally applied.
   
• Pet rules: Reasonable restrictions on pets (e.g., certain leash requirements or limits on pet-related nuisances) are typically enforceable. However, rules must accommodate assistance animals as required by state and federal disability laws.
   
• Architectural guidelines: HOAs often regulate exterior modifications such as paint color, fencing, and landscaping to preserve community aesthetics. These guidelines are generally enforceable when boards follow the proper adoption and notice procedures set forth in the CC&Rs and bylaws.
   
• Parking and vehicle guidelines: Associations commonly regulate parking in shared or private HOA-owned areas. As long as these rules do not conflict with public parking laws and are consistent with the HOA’s governing documents, they may be enforceable through fines or other penalties.

Board members should work closely with an association attorney and their property management company so that all rules comply with the Davis-Stirling Act and other California statutes, are clearly recorded in the governing documents, and are enforced consistently.
 

How to address unenforceable HOA rules in California

If you suspect that a rule conflicts with the law or goes beyond the scope of the HOA’s authority, open communication with the board is often the first step. Reviewing your association’s declaration (CC&Rs), bylaws, and meeting minutes can clarify whether a rule was properly enacted or if it conflicts with state or federal law.

When you discover a potential legal or procedural conflict, consider raising the issue respectfully at a board meeting or contacting board members directly. Because board members are often volunteers with full-time jobs outside of their HOA responsibilities, outdated or inconsistent rules may arise despite their best efforts. In many cases, a board will amend or remove problematic HOA rules after consulting with their attorney.
 

Questions about unenforceable HOA rules in California?

Staying informed about unenforceable HOA rules is vital for both homeowners and board members in California. While HOAs have the authority to shape their communities, their rules must respect state and federal legal protections. When HOA rules are clearly written, properly enacted, and fairly enforced, homeowners are less likely to face disputes or confusion over penalties.

If your California HOA needs assistance reviewing or updating its rules, FirstService Residential is here to help. Our team collaborates with board members to address each association’s unique needs and to help develop enforceable California HOA rules. Contact a member of our team today for professional support and guidance.