Legal Question in Real Estate Law in California

1. Does Due Process apply to Home Owner Associations (HOA) vis-a-vis their members?

A. If so, then to what measure is HOA held accountable;

B. What measures of procedure or substance may HOA member claim as "rights";

C. What elements constitute HOA Due Process and from what body of law?

D. How would you challenge or modify such to the level of good public policy?

2. Note:

A. I suggest a 10-day notice of hearing requirement & chance to speak at hearing falls short of

Due Process. An assasin (or terrorist) may provide notice and chance to speak before the bullet.

B. I suggest HOAs ultimate ability to deprive members of the sanctity of their home via non-judicial foreclosure, in addition to other punitive measures, equity and good public policy would call for reasonable measures of Due Process commensurate with HOAs ability to punish.


Asked on 6/02/11, 11:08 am

2 Answers from Attorneys

You'll have to make your arguments to the legislature. HOA's are governed by the CC&Rs;and by-laws adopted under them. If what the HOA does with its proceedures is not in violation of the CC&Rs;and/or bylaws, you have no recourse.

Read more
Answered on 6/02/11, 3:31 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I have little doubt that HOAs must observe certain due-process requirements. These are probably not nearly so comprehensive as you wish they were. "Notice and a hearing" come to mind as appropriate due-process before the assessment of a penalty. Whether they have to go any further is doubtful in my mind. HOAs are voluntary organizations, not exercises of the police power of the state.

Read more
Answered on 6/03/11, 9:53 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California