California guide
California HOA document review
In California, condominiums and planned-development HOAs are governed by the same statute — the Davis-Stirling Act (Civ. Code §4000–6150) — so the document-review discipline is largely shared.
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For HOA-governed single-family and townhome communities, the emphasis shifts toward common-area maintenance responsibilities, amenity reserves, and the association's assessment authority. The §4525 disclosure package and the §5550 reserve study remain the core documents, read against the specific common elements the association is responsible for maintaining.
One statute for condos and HOAs
Davis-Stirling governs nearly all California common-interest developments, whether condominium or planned development. That means the disclosure obligations (§4525), reserve-study requirement (§5550), assessment caps (§5605), and governance rules apply broadly. The practical difference is the scope of common elements: an HOA may be responsible for roads, drainage, perimeter walls, and amenities rather than building structure.
Maintenance responsibility and the CC&Rs
Read the CC&Rs to confirm what the association maintains versus what the owner maintains. Civ. Code §4775 sets default maintenance responsibilities, but the CC&Rs frequently modify them. Misunderstood maintenance lines are a common source of surprise costs after closing.
Amenity-heavy reserves
Master-planned California HOAs carry pools, clubhouses, gates, and extensive landscaping with significant long-term capital needs. Confirm the reserve study reflects those components and that funding is on track. Because California mandates the study but not funding, amenity-heavy associations can run materially underfunded.
Assessment authority
Under §5605, the board can raise regular assessments up to 20% and levy special assessments up to 5% of budgeted gross expenses without a membership vote. Read the budget and minutes to understand the trajectory of dues and any planned assessments.
California legal references
- Cal. Civ. Code §4775 — Maintenance and repair responsibilities
- Cal. Civ. Code §4525 — Documents provided to a prospective purchaser
- Cal. Civ. Code §5605 — Annual and special assessment limits
Informational only. Not legal advice. Always confirm against current statute and counsel.
Need help applying these California statutes to your specific situation? We can connect you with state-licensed counsel and specialists familiar with this exact regulatory environment.
Find a California specialist →Reviewer's checklist
- Read the CC&Rs for maintenance responsibility (association vs owner) under §4775
- Confirm the §4525 disclosure package is complete
- Review the reserve study for amenities — pools, clubhouses, roads, gates, landscaping
- Read the percent funded and reserve funding plan
- Review the master insurance policy for the common elements maintained
- Read the prior 12 months of minutes for assessment and repair discussion
- Confirm the association's regular and special assessment history
- Check for rental, architectural, and use restrictions in the CC&Rs and rules
- Request a statement of pending litigation or special assessments
- Confirm the fee schedule and any transfer or move-in fees
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Related risk areas
Read these next to round out your due diligence
Reserve studies
A reserve study tells you what the association expects to spend on long-term capital repairs and replacements, and whether it is funding those obligations adequately.
Special assessments
Special assessments are the single largest source of financial surprise in condo and HOA ownership.
Governance risk
An association's governance health is a leading indicator of every other risk.
FAQ
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Get Your Free Condo Risk Report
Upload condo or HOA documents for a free risk review. We read reserve studies, budgets, meeting minutes, insurance summaries, and assessment exposure — every finding linked to the exact page.
Expert Matching
Need a real estate lawyer or mortgage specialist?
We can connect you with vetted real estate lawyers, mortgage brokers, and insurance brokers familiar with the specifics of condo and HOA transactions.
- HOA lawyer
- Mortgage broker
- Insurance broker