Work: Resources for Families living in California HOAs
Common interest developments are controlled by a number of laws. Federal, State, County, and City laws all supersede the HOAs governing documents.
Association Managers are supposed to stay up to date on the current laws and standard HOA best practices. Directors (Board members) are required to follow them. This, however, doesn't always happen.
Families can use these links to learn how the HOA is required to operate.
Association Managers are supposed to stay up to date on the current laws and standard HOA best practices. Directors (Board members) are required to follow them. This, however, doesn't always happen.
Families can use these links to learn how the HOA is required to operate.
State and Local Laws
The Davis–Stirling Common Interest Development Act is a comprehensive body of law governing all forms of residential common interest developments in California. The Davis-Stirling Act, which went into effect January 1, 1986, brought stability to the governance of the millions of Californians served by community associations by creating financial safeguards, disclosures, insurance protections and reserves in a framework that allowed community associations to govern themselves through elected representatives in each community. Due to growing length and complexity of the Act, it was reorganized into Civil Code §§4000-6150.
Davis-Stirling Act in a searchable format: https://www.davis-stirling.com/
California Department of Public Health: https://www.cdph.ca.gov/ (Incl. new playground requirements)
San Mateo County: https://www.smcgov.org/ (Incl. new Pool Requirements)
City of Redwood City: https://www.redwoodcity.org/
Davis-Stirling Act in a searchable format: https://www.davis-stirling.com/
- Director(Boardmember) Duties: https://www.davis-stirling.com/HOME/F/Fiduciary-Duties-of-California-HOA-Directors
- Committee Info: https://www.davis-stirling.com/HOME/Committee-Menu
- Architecture Info: https://www.davis-stirling.com/HOME/Architectural-Menu
- Landscaping Info: https://www.davis-stirling.com/HOME/Landscape-Menu
California Department of Public Health: https://www.cdph.ca.gov/ (Incl. new playground requirements)
San Mateo County: https://www.smcgov.org/ (Incl. new Pool Requirements)
City of Redwood City: https://www.redwoodcity.org/
January 1, 2023: Assembly Bill 1410 protects members or residents rights to use social media to talk about issues that they are facing within the community. The bill does not limit the platform to social media, it encompasses all online resources except the association’s website.
According to the bill, members or residents can discuss association living, HOA elections, and legislation online. They can also express their criticisms of the association. Any covenants, conditions, or restrictions that prohibit such discussions on online platforms are unenforceable.
Homeowners associations must not retaliate against a member or resident should they use social media to discuss association issues. The association must not retaliate against members or residents who peacefully assemble.
Violating this law will result in civil penalties for the homeowners association.
According to the bill, members or residents can discuss association living, HOA elections, and legislation online. They can also express their criticisms of the association. Any covenants, conditions, or restrictions that prohibit such discussions on online platforms are unenforceable.
Homeowners associations must not retaliate against a member or resident should they use social media to discuss association issues. The association must not retaliate against members or residents who peacefully assemble.
Violating this law will result in civil penalties for the homeowners association.
Kentfield Commons Governing Documents
Kentfield Commons Homeowners Association Third Amendment to CC&Rs
NOTICE REGARDING DISCRIMINATORY RESTRICTIONS (California Government Code 12956.1)
In accordance with California Government Code 12956.1 the Association includes with this governing document the following information: "If this document contains any restriction based on race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, genetic information, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to Section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status."
NOTICE REGARDING DISCRIMINATORY RESTRICTIONS (California Government Code 12956.1)
In accordance with California Government Code 12956.1 the Association includes with this governing document the following information: "If this document contains any restriction based on race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, genetic information, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to Section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status."
Kentfield Commons Governing Documents can be downloaded here:
https://www.kentfieldcommons.com/uploads/4/0/0/1/40012825/kfcccrs.pdf
https://www.kentfieldcommons.com/uploads/4/0/0/1/40012825/kfcccrs.pdf
Kentfieldcommons.com is a privately owned website for parents living in Kentfield Commons. This is website is not affiliated with the Kentfield Commons HOA. Visit the HOA's website and contact the association managers and board members for assistance with HOA related concerns.
