Common HOA/POA Questions

The Davis-Stirling Act is the primary law in California that governs how homeowners associations, and often professional or commercial owners associations, operate.

It sets the legal framework for things like:

• Board responsibilities and authority
• Elections and voting procedures
• Financial management and disclosures
• Rules enforcement and homeowner rights
• Meetings and transparency requirements

In simple terms, it’s the rulebook that helps ensure associations are run fairly, consistently, and in compliance with state law.

Governing documents are the official rules and guidelines that explain how your Association operates and what is expected of owners.

They typically include:

• CC&Rs (Covenants, Conditions & Restrictions): The primary document outlining owner rights, property use restrictions, and Association authority
• Bylaws: How the Association is run, including board elections, meetings, and voting procedures
• Rules & Regulations: Day-to-day community rules such as parking, landscaping, and amenities
• Articles of Incorporation: The legal document that establishes the Association as a corporation

The Board and the management company work together, but they have very different roles.

Board of Directors (Decision-Making Authority)

The Board is made up of owner volunteers elected by the community. They are responsible for:

• Making decisions for the association
• Setting policies and enforcing rules
• Approving budgets and major expenses
• Acting in the best interest of the community

Management Company (Operational Support)

The management company is hired by the Board to carry out day-to-day operations. They typically:

• Implement Board decisions
• Handle owner communications
• Coordinate vendors and maintenance
• Assist with financial management and reporting
• Provide guidance on processes and compliance

Why this distinction matters

The management company works at the direction of the Board as a whole, not individual Board members. This helps ensure decisions are consistent, properly approved, and in line with the community’s governing documents and the Davis-Stirling Act.

Board meetings are where the Association Board conducts the business of the association and makes decisions on behalf of the community. They are used to:

• Review and approve budgets and expenses
• Discuss and vote on community projects and contracts
• Address maintenance and operational issues
• Review financial reports and delinquencies
• Consider rule changes or policy decisions
• Hear owner input during designated open forum time

Types of Board Meetings

• Open Meetings: Owners can attend and observe, and typically speak during open forum
• Executive Session: Closed meetings for confidential matters such as legal issues, contracts, or member discipline

Associations have rules to help maintain a safe, orderly, and well-maintained community for all residents.

These rules are designed to:

• Protect property values
• Promote a consistent community appearance
• Ensure shared spaces are used fairly and respectfully
• Prevent nuisances and conflicts between neighbors
• Support the long-term upkeep of the community

In simple terms, rules help create a balanced environment where everyone can enjoy their property while respecting the rights of others.

Association fees, also called assessments, are used to fund the operation, maintenance, and long-term care of the community.

Depending on the Association, fees may cover:

• Maintenance and repairs of common areas such as landscaping, streets, lighting, and amenities
• Utilities for shared spaces including water, electricity, and trash
• Insurance for common areas and association liability
• Management and administrative services
• Reserve funding for future major repairs and replacements such as roofs, roads, and infrastructure

A reserve fund is a savings account set aside by the Association to pay for major repairs and replacements of common area components over time.

These may include items such as:

• Roads and pavement
• Roofs and structures, if applicable
• Fencing, lighting, and infrastructure
• Amenities like clubhouses, pools, or equipment

Reserve funds help the Association plan ahead for large expenses instead of relying on unexpected special assessments.

A well-funded reserve:

• Reduces the likelihood of sudden, large costs to owners
• Helps maintain the community in good condition
• Supports long-term financial stability
• Protects property values

Associations use a professional reserve study to estimate future repair and replacement costs and determine how much should be saved over time.

If you are having difficulty paying your Association assessments, you may request a payment plan through the management company.

To get started:

• Submit a written request to management (email is typically acceptable)
• Include your proposed payment terms, if possible
• Management will review your request and coordinate with the Board for consideration

Payment posting times can vary depending on the payment method:

• Online payments (e-check or credit card): Typically post within 1–3 business days
• Bank bill pay (through your bank): May take 5–10 business days, as many banks mail a physical check. Online bill pay is often available through your bank; you may request an ACH form from our team to set up scheduled electronic transfers
• Mailed checks: Typically post within 7–10 business days, depending on mail delivery and processing time. Checks may be mailed to 2020 Columbia St. #215, San Diego, CA 92101. Checks mailed to the office will be forwarded to this address and considered received on the date they arrive at the processing center

Due to common delays with USPS, electronic payments are strongly recommended to ensure timely delivery and posting. Checks that are mailed but not received on time may still incur a late fee, regardless of when they were sent.

The Association follows a structured and fair process when addressing potential rule violations.

Typical process:

1. Observation or report: A violation may be identified during inspections or reported by another owner.
2. Courtesy notice: In many cases, a notice is sent to inform the owner of the issue and provide time to correct it.
3. Formal notice: If the issue is not resolved, a formal notice may be issued outlining the violation and next steps.
4. Hearing (if applicable): Owners are given the opportunity to attend a hearing before the Board to discuss the matter.
5. Fines or enforcement: If the violation continues, fines or other enforcement actions may be applied in accordance with the association’s policies.

Many exterior changes are subject to review by the Association to ensure they are consistent with the community’s standards and governing documents.

Examples of changes that typically require approval:

• Landscaping or hardscape changes
• Exterior paint colors
• Fences, sheds, or structures
• Patio covers, decks, or additions
• Visible equipment such as HVAC units or satellite dishes in certain locations

How to get approval:

• Submit an architectural or improvement request to management
• Include plans, drawings, or details of the proposed change
• Wait for written approval before starting work

Why approval is required:

This process helps:

• Maintain a consistent community appearance
• Protect property values
• Ensure compliance with community standards

All requests are reviewed in accordance with the association’s governing documents and the Davis-Stirling Act.

Maintenance responsibilities are shared between the Association and owners, and the exact division is defined in the association’s governing documents.

Association Responsibilities (Common Areas)

The Association typically maintains and repairs common areas, which may include:

• Landscaping in shared spaces
• Streets, sidewalks, and lighting
• Community amenities such as a clubhouse or pool
• Shared infrastructure such as irrigation systems and signage

Owner Responsibilities (Individual Lots/Units)

Owners are generally responsible for maintaining their own property, which may include:

• The home structure and interior
• Private yards or spaces, unless otherwise specified
• Exterior elements tied to the individual lot such as patios, driveways, and landscaping within the lot

Why it’s important to check your documents

Responsibilities can vary by community. For example, some Associations maintain certain exterior elements, while others assign that responsibility to owners.

For exact details, refer to your governing documents, which work alongside the Davis-Stirling Act.

To report a maintenance issue, please contact the management company so it can be properly tracked and addressed.

How to submit a request:

• Submit a request through the owner portal, OR
• Email or call management with details of the issue
• Include photos, location, and a brief description to help ensure an efficient response

What happens next?

• Management will review the request
• If it involves a common area, it will be scheduled for repair or assigned to a vendor
• If it is the owner’s responsibility, you will be notified
• If it requires Board approval, management will notify the Board immediately or schedule it for the next Board meeting, depending on urgency

For emergencies:

If the issue involves an emergency, such as a safety hazard, major leak, or electrical concern, please contact management immediately by calling the office line and following the prompts for after-hours emergency service.

If the issue involves a crime, such as a stolen vehicle or an intoxicated driver, please contact local authorities or call 911.

Internal Dispute Resolution (IDR) is a formal process that allows an owner and the Association to meet and try to resolve a dispute directly and informally.

Under the Davis-Stirling Act, owners have the right to request IDR before pursuing more formal or legal action.

How it works:

• An owner submits a written request for IDR
• The Association schedules a meeting, typically with a Board member
• Both sides discuss the issue and try to reach a resolution

What types of issues can IDR address?

IDR can be used for disputes related to:

• Rule enforcement
• Fees or fines
• Interpretation of governing documents
• Other Association-related concerns

Alternative Dispute Resolution (ADR) is a more formal process used to resolve disputes between an owner and the HOA without going to court.

Under the Davis-Stirling Act, ADR is typically required before certain types of legal action can be filed.

Common types of ADR:

• Mediation: A neutral third party helps both sides reach a voluntary agreement
• Arbitration: A neutral third party hears both sides and makes a decision, which may be binding

When is ADR used?

ADR is generally used when:

• A dispute could lead to legal action
• IDR has already been attempted or was not successful
• Both parties agree to use a neutral third party to resolve the issue

ADR can:

• Save time and legal costs
• Provide a more collaborative and less adversarial process
• Help resolve disputes more efficiently than court proceedings