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Under Davis–Stirling, a developer of a common interest development is able to create a homeowner association (HOA) to govern the development. As part of creating the HOA, the developer records a document known as the Declaration of Covenants, Conditions, and Restrictions against the units or parcels within the HOA with the county recorder.
State oversight of HOAs varies from state to state; some states, such as Florida and California, [3] [4] have a large body of HOA law. Other states, such as Massachusetts, [5] have limited HOA law. HOAs are commonly found in residential developments since the passage of the Davis–Stirling Common Interest Development Act in 1985. In Canada ...
Proposition 13 is not the only law in California designed to prevent tax-induced displacement. The California Tax Postponement Program, passed in 1977, ensures that “homeowners who are seniors, are blind, or have a disability to defer current-year property taxes on their principal residence if they meet certain criteria”. [11]
HOA board members and homeowners have responsibilities. Check over the laws to make sure they’re being followed.
Can my HOA demand a photo of my dog? How about ban visitors in my community pool?
New ways to fund local public improvements and services were considered and adopted by the California State Legislature. [2] A Mello-Roos tax is a parcel tax that circumvents Proposition 13 (which limits property taxes based on the assessed value of real property) because it is not levied on the assessed value of real property.
A Florida homeowners’ association (HOA) is using a legal loophole to bypass a state law and prevent homeowners in its community from parking their pickup trucks or work vehicles in their driveways.
The California Codes are 29 legal codes enacted by the California State Legislature, which, alongside uncodified acts, form the general statutory law of California. The official codes are maintained by the California Office of Legislative Counsel for the legislature.