OVERVIEW
Homeowners associations (HOAs) in California have a significant impact on members’ lives, affecting everything from governance procedures to personal freedoms within the community. Of the plethora of issues that arise every day involving HOAs and their members, there are five that seem to be getting a lot of attention. These trending topics—from modernizing voting methods, to clarifying board meeting protocols, directly influence HOA members’ day-to-day experiences and can lead to more effective, transparent community living.
Here’s a closer look at these five trending topics, why they’re important, and examples of how each issue is shaping HOA communities across California.
1. Electronic Voting in HOAs
Electronic voting for HOA decisions has long been discussed as a means to increase homeowner participation, and starting on January 1, 2025, it will become a reality in California. For more information on that, you can refer to my recent article on the news HOA laws for 2025. While electronic voting has existed for a long time in some HOAs, a new law will make it easier and more accessible for all members to participate in community votes from anywhere, using their devices.
- Why This Matters: Traditional paper-based voting methods may be one of the reasons that a lot of HOA elections have low voter turnout. It may be a combination of factors, or it may be that homeowners are busy and simply don’t feel that they have time to devote to their communities’ governance. Regardless, the thought is that by enabling homeowners to vote remotely via electronic voting, it will simplify the process and result in higher engagement, particularly for members who may be out of town, have disabilities, or simply prefer the convenience.
- Example: An HOA in San Diego, which has consistently seen less than a 50% turnout at prior paper-only votes, has reported that over 80% of its members expressed an intent to participate when electronic voting is implemented in January of 2025. The ease of voting seems to have encouraged more residents to participate in the decision (related to rebuilding the HOA’s pool facilities), contributing to a more inclusive process.
2. Adoption & Amendment of HOA Rules
Another hot topic concerns the procedures HOAs follow to adopt or amend rules. Changes to community rules can impact everything from landscaping restrictions to noise control, and when boards act without clear procedures, it can cause frustration and legal disputes.
- Why This Matters: Homeowners are invested in rule changes because they affect property values, lifestyle choices, and community harmony. Proper procedures ensure transparency, allowing residents to have a say in rules that affect their lives directly.
- Example: An HOA in Santa Clara wanted to introduce a rule prohibiting short-term rentals, citing security and noise concerns. By holding a transparent series of discussions and allowing residents to vote on the rule, the board achieved overwhelming support for the restriction. By contrast, a Los Angeles HOA recently faced backlash after unilaterally banning certain types of plants in front yards without input, resulting in a veto vote by the membership, as well as a recall of the entire board of directors.
3. Board Meeting Transparency and Executive Sessions
Transparency in board meetings has been a significant focus in 2024, especially regarding the distinction between open meetings (where members can attend) and executive sessions (which are restricted to the board). Many homeowners feel left in the dark when too many topics are discussed in executive sessions—something that Civil Code section 4935 expressly prohibits— fueling calls for clearer boundaries and transparency.
- Why This Matters: Transparency fosters trust between the board and homeowners, while overusing executive sessions is not only illegal, but it can breed suspicion. By clearly delineating when executive sessions are appropriate, as well as providing clear agendas for the executive sessions (which the law also requires), boards can keep residents informed and involved without compromising sensitive issues.
- Example: In a large Orange County HOA, the board used to hold executive sessions for topics as minor as landscaping contracts. After receiving numerous complaints, as well as legal action by MBK Chapman, the board revised its procedures, restricting executive sessions exclusively to the topics permitted under Civil Code section 4935 (e.g., litigation, disciplinary procedures, etc.). This change reassured residents, who now have better insight into non-sensitive decisions impacting their fees and services.
4. Homeowner Liability for Common Area Incidents
Homeowners and boards alike are concerned with liability issues in shared spaces. In cases involving injuries or property damage within common areas, it’s not always clear whether the HOA or individual homeowners are responsible, making liability a key area of interest and debate.
- Why This Matters: Clarifying liability helps prevent disputes and ensures that all parties understand their responsibilities. As accidents can happen frequently in areas like playgrounds, pools, and walking paths, setting clear guidelines can avoid costly litigation and preserve the HOA’s financial health.
- Example: A San Francisco HOA faced a lawsuit when a resident tripped on an uneven sidewalk and incurred substantial medical bills. After initially denying responsibility, and following a mediation attended by MBK Chapman and its client, the HOA agreed to cover the costs, citing a new policy that designated the HOA liable for sidewalk maintenance. Conversely, in an Orange County HOA, a fallen tree damaged a homeowner’s vehicle parked in a common area. The homeowner alleged that the tree had been sick and in imminent danger of falling for a long time, and that the board nonetheless chose to do nothing. The board then denied liability, citing rules that required the homeowner to carry personal insurance for such incidents. Only after the homeowner had spent over $10,000, did the HOA acknowledge its responsibility, as well as how important it was for homeowners and the HOA alike to understand each other’s obligations.
5. HOA Regulations on Personal Property and Activities
Disputes over HOA restrictions on personal property aesthetics and resident activities have been a longstanding issue. Boards often regulate everything from the color of front doors to where children can play within the community. And some HOAs have even begun attempting to regulate things like the color of a member’s pool tiles (even though none of those can be seen from anywhere else within the community). These types of unreasonable power grabs have stirred louder and louder debates about homeowners’ rights and freedoms.
- Why This Matters: Restrictions on personal property and activities can feel invasive to residents, especially when rules are overly specific or seem arbitrary or nonsensical. Finding a balance between community aesthetics and individual freedoms is crucial for harmonious living.
- Example: In a community in Riverside, a family faced a hefty fine for painting their front door a bright red, a color not included in the HOA’s approved palette. Despite the color’s popularity among other homeowners, the board held firm, igniting a community debate on aesthetic freedoms. Meanwhile, a San Diego HOA recently faced immense backlash from its members—even resulting in the largest turnout at the rule-change meeting ever recorded for that HOA—when the HOA attempted to impose restrictions on the color of the members’ pool tiles in their backyards, as well as their attempt to prohibit sports activities in driveways. Homeowners not only argued that it was none of the HOA’s business what color their pool tiles were (especially because they couldn’t be seen by anyone else), but parents argued that the proposed rule unfairly limited safe play areas, leading the board to reopen the issue for discussion and debate.
CONCLUDING THOUGHT
The growing popularity of these topics reflects a larger trend toward accountability, transparency, and modernization within California’s HOA communities. As technology evolves, so do the expectations for governance processes, like voting, that reflect today’s fast-paced, mobile lifestyle. Additionally, as people seek more flexibility in their personal spaces, HOAs are being challenged to adapt their rules to accommodate homeowners’ lifestyles without sacrificing community standards. Finally, legal clarity on issues of liability and the proper adoption of rules ensures smoother operations and greater satisfaction for all involved.