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What Is an HOA? Benefits, Drawbacks and California Rules

Posted by Matthew Martinez on September 29, 2023
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By Matthew Martinez, Founder, CEO & Managing Broker, Diamond Real Estate Group. California DRE #01869679.

An HOA (homeowners association) is the nonprofit that manages the shared parts of a condo, townhome or planned community and enforces its rules, paid for by monthly dues from every owner. The benefits are shared upkeep and amenities; the drawbacks are fees that can rise, possible special assessments, and limits on what you can do with your property.

In California, most HOAs are governed by the Davis-Stirling Common Interest Development Act in the Civil Code. That law sets rules for budgets, reserves, assessments, elections and what a seller must hand a buyer. Knowing the basics helps you judge whether a particular association is well run before you buy into it.

How an HOA works

  • Governing documents. The CC&Rs (covenants, conditions and restrictions), bylaws, and operating rules set what the association maintains and what owners may do.
  • Board of directors. Owners elect a board, which sets the budget, hires vendors or a management company, and enforces rules.
  • Dues and reserves. Monthly assessments pay for current operations and build reserves for future repairs such as roofs, paving, and painting.
  • Common areas. Depending on the community, this may include building exteriors, landscaping, pools, roads, and insurance on shared structures.

The benefits

  • Shared maintenance. In many condo associations, the HOA handles roofs, exterior paint and landscaping. You budget a monthly fee instead of large one-time bills.
  • Amenities. Pools, clubhouses, trails or gyms that would be expensive to own alone.
  • Consistent standards. Architectural rules keep exteriors and common areas in a predictable condition.
  • A process for disputes. Noise, parking and nuisance issues go through the association’s rules instead of neighbor-to-neighbor arguments.

The drawbacks

  • Dues on top of your mortgage. Lenders count HOA dues in your debt-to-income ratio, which can lower how much you qualify to borrow.
  • Increases and special assessments. Underfunded reserves or big repairs can mean higher dues or a one-time charge.
  • Rules on your property. Exterior changes, paint colors, landscaping, parking and short-term rentals may be restricted.
  • Insurance issues. Some associations have struggled to find affordable master insurance, which can raise dues or affect financing.
  • Governance quality varies. A well-run board is an asset. A poorly run one can be costly.

California rules buyers should know

Topic The rule Civil Code
Dues increases Without a member vote, the board cannot raise regular assessments more than 20% over the prior year § 5605
Special assessments Without a member vote, total special assessments cannot exceed 5% of the year’s budgeted gross expenses § 5605
Rentals HOAs cannot ban or unreasonably restrict long-term rentals, and cannot cap rentals below 25% of units; they may prohibit rentals of 30 days or less § 4741
Balcony and deck inspections Condo buildings with three or more units must have elevated exterior elements (balconies, decks, stairways more than six feet up) inspected, then at least every nine years § 5551
Disclosures to buyers Sellers must provide governing documents, budget and reserve information, a statement of assessments and fines, pending assessment changes and other items § 4525

These are summaries, not legal advice. For a specific situation, talk to a real estate attorney.

What to review before you buy

When you are in contract on a home in an HOA, the seller must provide a package of documents under Civil Code § 4525. Read it during your contingency period. Focus on:

  1. The budget and reserve study. Compare reserves on hand with what the study says is needed. Large gaps can lead to special assessments.
  2. Approved assessment changes. Any increase or special assessment already approved but not yet due must be disclosed.
  3. Board meeting minutes. You can request the last 12 months. Look for talk of roof replacements, lawsuits, insurance problems or water intrusion.
  4. The balcony and deck inspection report, if the building is covered.
  5. Rental and use rules. Make sure they fit your plans, including pets, parking, ADUs and short-term rentals.
  6. Open violation notices on the unit you are buying.
  7. Insurance. Ask what the master policy covers and what you need on your own policy.

HOAs in Northern California markets

Condos and townhomes in San Francisco almost always have an HOA, often small ones with just a few units where every owner plays a role. In Santa Rosa, Rohnert Park and much of Marin County, you will find both condo associations and planned developments where the HOA maintains only roads, landscaping or a pool. Many rural and wine country properties have no HOA at all, but some share a private road maintenance agreement, which carries its own costs. If you are comparing a new subdivision with an older neighborhood, our guide to new construction versus existing homes covers the trade-offs.

Is an HOA right for you?

An HOA suits buyers who want less hands-on maintenance, use the amenities, and are comfortable with shared rules. It may not suit buyers who want to make big exterior changes, run a short-term rental, or keep monthly costs as low as possible. The quality of the specific association matters more than the general idea of an HOA.

Questions people ask

What do HOA fees cover?

It depends on the community. Condo dues often cover exterior maintenance, common-area insurance, landscaping, some utilities and reserves. Planned community dues may cover only shared areas like roads or a pool. Check the budget.

Can an HOA stop me from renting my home?

In California, an HOA generally cannot ban long-term rentals or cap them below 25% of units, but it can prohibit rentals of 30 days or less.

How much can an HOA raise dues?

Without a membership vote, a California HOA board cannot raise regular assessments by more than 20% a year or impose special assessments totaling more than 5% of budgeted gross expenses. If a larger increase is proposed, ask the board how it is being approved.

Can I avoid an HOA?

Yes, many single-family homes have no HOA. Check the title report and disclosures for private road agreements or other shared obligations.

If you are weighing a condo or a home in a planned community, talk to us before you write an offer. We can help you read the HOA package and spot issues early. For the full process, see our buying process guide.

Compare the actual ownership budget

When comparing a home with shared maintenance against one with more owner-funded work, use the Alameda County ownership-cost worksheet. It separates recurring bills, maintenance allowances and immediate cash needs so a single association fee does not stand in for the whole comparison.

Sources & notes

Last reviewed October 2026 by Matthew Martinez.

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