Homeowner resource
Know your rights
California's Davis-Stirling Act gives owners in a common interest development a specific set of enforceable rights. Most owners never hear about them. These pages explain what those rights are, written against the Jamacha Greens governing documents rather than in the abstract.
One thing to know first 🔗
Civil Code § 4205 establishes a strict order of authority. State law controls over the CC&Rs; the CC&Rs control over the Bylaws; the Bylaws control over operating rules. A provision lower in that order is unenforceable to the extent it conflicts with one above it.
This matters a great deal here. Our Bylaws were adopted in 1971 and our Rules and Regulations were last revised in January 2011. Substantial parts of California HOA law have been rewritten since — including the rules on organizing, fines, elections, rentals, and virtual meetings. Where the old documents conflict with current statute, the statute wins.
- Your Right to Organize California law expressly protects your right to meet with neighbors, canvass, petition, and criticize the association online — without the board's permission. Civil Code § 4515
- Getting Association Records You have a statutory right to inspect the association's financial records, contracts, and minutes. You do not have to explain why — and there is a $500 penalty per request when access is wrongly denied. Civil Code § 5200 · Civil Code § 5205 · Civil Code § 5235
- How Directors Are Supposed to Be Chosen Secret ballot, an independent inspector of elections, and a real contest. When no one runs, seats get filled by appointment instead — which is how our board currently works. Civil Code § 5100 · Civil Code § 5105 · Civil Code § 5115 · Civil Code § 5120 · Civil Code § 5135 · Civil Code § 5145 · Corporations Code § 7510
- Dues, Special Assessments, and the 20% Ceiling Dues rose 20% for 2026 — the maximum allowed without a membership vote. The reserve report published alongside it says that still isn't enough, and that a special assessment is coming. Civil Code § 5600 · Civil Code § 5605 · Civil Code § 5610 · Civil Code § 5658 · Civil Code § 5300 · Civil Code § 5515
- Fines and Due Process As of June 2025, most HOA fines in California are capped at $100 — and if you fix the violation before the hearing, no fine may be imposed at all. Civil Code § 5850 · Civil Code § 5855 · Civil Code § 5658
- Meetings, Agendas, and the Open Meeting Act Boards must act in noticed open meetings, on published agendas. Executive session is limited to five specific subjects — and virtual meetings carry extra requirements. Civil Code § 4900 · Civil Code § 4920 · Civil Code § 4923 · Civil Code § 4926 · Civil Code § 4930 · Civil Code § 4935 · Civil Code § 4950
- Internal Dispute Resolution The most underused tool available to a California homeowner: the association must meet with you, cannot charge you for it, and a written resolution is enforceable in court. Civil Code § 5900 · Civil Code § 5910 · Civil Code § 5915 · Civil Code § 5960
- How a Board Actually Changes Two routes: run candidates in a contested election, or petition for removal. The arithmetic is different for each, and cumulative voting changes what is possible. Corporations Code § 7222 · Corporations Code § 7510 · Corporations Code § 7512 · Civil Code § 5115
- Renting Your Unit 117 of the 192 units at Jamacha Greens are tenant-occupied. California caps how far an association may restrict leasing, and our 1971-era documents do not reflect current law. Civil Code § 4740 · Civil Code § 4741
- Balconies and the SB 326 Inspection Forty-eight balconies, one per building, all belonging to unit D. The 2022 inspection found three failed guardrails and widespread substrate failure, and the board names the repairs as a reason a special assessment is coming. Civil Code § 5551 · Civil Code § 5550 · Civil Code § 5300 · Civil Code § 4775