Keeping Our House in Order (Literally)
Laws don’t sit still. Sacramento has a habit of tinkering with the rules while the rest of us are busy mowing lawns, patching fences, and wondering why the pool heater never seems to work right. That means our governing documents—those bylaws, CC&Rs, and rules written back when fax machines were considered cutting-edge—sometimes fall out of sync with today’s California statutes. And here’s the catch: when state law and HOA documents disagree, the law wins every time (thank you, Davis-Stirling Act).
So rather than wait for confusion—or worse, a lawyer’s invoice—we’re taking the responsible step of aligning our documents with current law. Think of it as bringing the HOA’s “operating manual” into the present day: fewer dusty pages, more compliance, and a lot less guesswork. Respect to the lawmakers who keep us on our toes… though we’d still prefer fewer midnight bills passed on a Friday.
The Eastridge Hills Homeowners Association (HOA) Board has the authority to revise governing documents to ensure compliance with current laws, as confirmed in several sources.
Here’s where this authority is stated:
The Eastridge Hills Homeowners Association (HOA) Board is authorized to revise its governing documents to ensure compliance with current laws, as clearly stated in the provided sources.
Here’s where this authority is found:
- Davis-Stirling Common Interest Development Act (the “Act”):
- Supremacy of Law: The Act explicitly establishes that the law shall prevail to the extent of any conflict between the governing documents and the law. This foundational principle mandates that governing documents must align with current statutes and case law.
- Deletion of Prohibited Restrictive Covenants: The Act grants the board the power, without member approval, to amend any declaration or other governing document that includes a restrictive covenant prohibited by government code (e.g., discriminatory covenants under Section 12955) to delete that covenant and restate the document.
- Correction of Statutory References: The board is also authorized to amend governing documents solely to correct cross-references to provisions of the Davis-Stirling Act that have been repealed and continued in new provisions, by adopting a board resolution, and member approval is not required for this type of amendment.
- Mandate for ADU/JADU Rental Compliance: For accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs), the Act explicitly states that governing document provisions that prohibit, or effectively or unreasonably restrict, their rental or leasing are void and unenforceable. Furthermore, common interest developments shall amend their governing documents to conform to these requirements no later than December 31, 2021. This is a direct statutory obligation for the board to revise documents. Similarly, covenants or restrictions that effectively prohibit or unreasonably restrict the construction or use of ADUs or JADUs are void and unenforceable.
- General Compliance for Exclusive Use Common Area: The Act also notes that a grant of exclusive use of any portion of the common area may be made “To comply with governing law”.
- Eastridge Hills Homeowners Association Bylaws:
- Board’s Authority to Amend for Legal Compliance: The Bylaws explicitly empower the Board, without requiring Member approval, to amend any provision of the Bylaws (i) to resolve conflicts with applicable law that arise from statutory enactment, amendment, or case law, or (ii) to conform the Bylaws to non-discretionary changes in applicable statutory law.
- Rules and Regulations: The Bylaws state that the “Rules” (policies, rules, and regulations) are “subject to applicable law including Civil Code section 4340 and following”, indicating that the rules adopted by the Board must adhere to current legal standards.
- Notice of Void Restrictions: The Bylaws include a notice at the beginning, highlighting that any restriction based on protected characteristics (e.g., race, religion, sex) that violates state and federal fair housing laws is void and may be removed pursuant to California Government Code Section 12956.2.
- Eastridge Hills Homeowners Association Declaration of Covenants, Conditions and Restrictions (CC&Rs):
- Board’s Authority to Amend for Legal Compliance: Mirroring the Bylaws, the CC&Rs grant the Board the authority, without Member approval, to amend any provision of the Declaration (i) to resolve any conflict between the Declaration and applicable law due to statutory enactment, amendment, or case law, or (ii) to conform the Declaration to non-discretionary changes in applicable statutory law.
- Notice of Void Restrictions: Similar to the Bylaws, the CC&Rs preface the document with a notice that discriminatory restrictions are void and may be removed pursuant to California Government Code Section 12956.2.
- Rules and Regulations: The CC&Rs also define “Rules” as being “subject to applicable law including Civil Code section 4340 and following”.
- Amendment to Referenced Statutes: The CC&Rs specify that “References… to particular statutes, including sections of the Civil Code or the Corporations Code, shall be deemed to include any successor statute and any amendments to existing or successor statutes”. This indicates an intent for the documents to be interpreted in light of current law.
- “ADU and JADU Conflicts with HOA CC&Rs” Document:
- This document highlights specific contradictions between the Eastridge Hills CC&Rs (Section 5.24 for construction and Section 6.5 for rental) and state law regarding ADUs and JADUs. It reiterates that the law shall prevail in such conflicts, confirming that these CC&R provisions are “void and unenforceable”. This necessitates revision of the CC&Rs to align with the Act.
In conclusion, the various sources consistently demonstrate that the HOA Board not only has the authority but also a mandate to revise its governing documents to ensure they are in full compliance with current state laws, and in many cases, can do so without requiring approval from the members for specific types of non-discretionary changes.
EH HOA – ARTICLE 9 / AMENDMENTS
( August 9, 2017)
Any amendments to these Amended and Restated Articles of Incorporation shall
require the approval of the Board of Directors and the approval by the affirmative vote or written consent of Members representing at (east a majority of the members voting on such amendment provided the number of Members voting hereon shall be sufficient to constitute a Required Approval
To amend the Declaration, a majority of the homeowners (members) must vote in favor.
But there are two exceptions:
The Board can amend on its own (without a member vote) if:
A lawyer advises it’s necessary to fix a conflict between the Declaration and the law, OR
The law changes in a way that REQUIRES updates (for example, a new California statute that applies to HOAs).
In those cases, the Board can make the change directly, as long as legal counsel drafts the amendment.
15.2 – Amendment Must Be Recorded
Any amendment must be signed by the authorized officers of the HOA and then officially recorded with the County Recorder’s Office.
This makes the amendment legally binding and part of the public record.
15.3 – Presumption of Validity
Once the amendment is recorded, it is assumed to be valid — meaning it’s presumed that the HOA followed the proper voting and approval process.
If anyone wants to challenge the amendment (say, arguing the HOA didn’t really get enough votes), they must file a legal action within one year of the recording date.
After that one-year window, the amendment becomes conclusively valid, and no one can challenge it.
✅ In short:
Most amendments require a majority vote of the homeowners.
The Board alone can only make changes if they are strictly legal/technical updates REQUIRED by law.
All amendments must be signed and recorded with the County Recorder.
Once recorded, they are presumed valid, and after a year, no one can contest them.
Thanks for your comment. Here’s the reality: If two people sign a contract but it requires something illegal, that contract is unenforceable. Even if both agreed to it, no court would back it up. HOA governing documents work the same way—if they conflict with California law, they simply won’t stand.
That’s why the Eastridge Hills HOA Board would never dream of changing documents without:
1. Seeking legal counsel first, and
2. Ensuring adjustments follow current law, so our rules remain enforceable.
And yes, our own governing documents anticipate this. Article 15, Section 15.1 of the CC&Rs allows the Board, with legal advice, to amend without a membership vote in order to:
• Fix conflicts between our CC&Rs and the law, or
• Conform to new statutory requirements that are mandatory (non-discretionary).
The Bylaws mirror this authority in Article 11, Section 11.1, giving the Board power to make legal-compliance amendments without a membership-wide vote.
Why? Because if the Board did nothing, our rules would become unenforceable—and every homeowner would pay the price in wasted time, attorney’s fees, and confusion. Holding the Board to a “higher” process than what’s written in the Davis-Stirling Act and our own CC&Rs isn’t noble—it’s expensive.
The truth is, there’s very little wrong with our documents. A handful of surgical amendments will keep us compliant, enforceable, and cost-effective. That’s what your Board is here to do.
Thank you for allowing me to clarify this important matter.
At our recent HOA meeting, it was stated that our Governing Documents could be amended without the required 51% homeowner approval.
To be clear, both the Davis-Stirling Act and our CC&Rs (Section 15.1) require majority homeowner approval for any standard amendment.
Civil Code § 4270 requires following the governing documents’ procedures, including voting thresholds.
Civil Code § 4275 allows only a court—not the Board—to lower that percentage, and only in rare cases.
The Board has no authority to bypass this requirement.
The only exceptions are narrow circumstances MANDATED by law, which must still be handled with legal counsel and properly recorded.
Thank you for your attention. Homeowners count on the Board to act in compliance with state law and our governing documents.