California HOA Laws

California regulates common interest developments more tightly than almost any other state. The statute is the Davis-Stirling Common Interest Development Act, Civil Code sections 4000 and following. Condos and planned developments both live there. This page is a map of the sections homeowners ask about. It is not the statute.

Assessments

Civil Code section 5605 generally bars a board from increasing regular assessments more than 20 percent over the prior year’s assessment, and from imposing a special assessment of more than 5 percent of budgeted gross expenses, unless owners approve it. There is an emergency exception. Read 5605 and 5610 together before you declare a bill illegal.

Before a lien for delinquent assessments, section 5660 requires a certified-mail notice at least 30 days ahead, with the amount, the collection procedure, and a warning. Section 5720 limits nonjudicial foreclosure. It uses a dollar minimum and a delinquency period. The legislature amends the dollar figure. Use the current section, not a number you remember.

Hearings and fines

Section 5855 requires written notice at least 10 days before the board meets to impose discipline, a chance for you to attend and speak, and a written decision afterward. Amendments effective in 2025 and 2026 added a cure right and, through section 5850, a general $100 cap on a monetary penalty per violation. If someone quotes a larger fine, ask them to show the current statutory exception they are using.

Records, meetings, and disputes

Sections 5200 to 5240 cover inspection of association records, with different deadlines for current and older files. Open board meetings are in the 4900s. Before many lawsuits, owners and associations have to try internal dispute resolution under section 5900 and alternative dispute resolution under section 5925 and following. Those are prerequisites, not suggestions. Missing them can get a case stayed.

Solar restrictions are limited by Civil Code section 714, which sits outside Davis-Stirling and still binds associations. See the solar topic.

When you write the board, cite the section and the date. California associations are used to statutory letters. A letter that names 5855 or 5205 gets a more careful answer than one that says “this is illegal.”