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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.
A homeowner association (or homeowners' association [HOA], sometimes referred to as a property owners' association [POA], common interest development [CID], or homeowner community) is a private, legally-incorporated organization that governs a housing community, collects dues, and sets rules for its residents.
The California Department of Housing and Community Development (HCD) is a department within the California Business, Consumer Services and Housing Agency that develops housing policy and building codes (i.e. the California Building Standards Code), regulates manufactured homes and mobile home parks, and administers housing finance, economic development and community development programs.
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Can my HOA demand a photo of my dog? How about ban visitors in my community pool?
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The Codes form an important part of California law. However, they must be read in combination with the federal and state constitutions, federal and state case law, and the California Code of Regulations, in order to understand how they are actually interpreted and enforced in court.
There are only a handful of restrictions an HOA cannot enforce. No clause in an HOA agreement can negate federal, state or local law. Federal law prohibits regulations that prevent: Flying of U.S ...