What Every New HOA Board Member in California Should Know
Congratulations! You've just joined your HOA board. Maybe you were elected by your neighbors, or maybe you volunteered because no one else would. Either way, you're now responsible for governing a California common interest development—and that comes with more legal obligations than you probably expected.
Don't worry. Thousands of volunteer board members successfully navigate HOA governance every year, and you can too. This guide covers the essential knowledge every new California HOA board member needs to start strong and avoid common first-year mistakes.
First Things First: What You Just Signed Up For
As a California HOA board member, you are a fiduciary. That's a legal term that means you have a duty to:
- Act in the best interest of the association (not your personal interests or a subset of homeowners)
- Exercise reasonable care in making decisions
- Act in good faith and with honesty
- Stay informed about association finances and operations
In plain English: You're now legally responsible for managing the community's money, maintaining common areas, enforcing rules, and complying with California law. If you make decisions carelessly or in bad faith, you can be held personally liable.
But here's the good news: If you act reasonably, stay informed, and follow proper procedures, California law protects you through the Business Judgment Rule—courts won't second-guess your decisions just because they don't turn out perfectly.
Your Legal Framework: The Davis-Stirling Act
California HOAs are governed primarily by the Davis-Stirling Common Interest Development Act (California Civil Code §4000-6150). This is state law, not just guidance, and it covers everything from:
- How often you must hold meetings
- What financial disclosures you must provide to homeowners
- How you conduct elections
- When you can levy assessments
- How you enforce rules and handle disputes
- What records homeowners can access
You don't need to memorize 2,150 sections of civil code. But you should know that Davis-Stirling is the rule book, and ignoring it can lead to homeowner lawsuits and personal liability.
Your four governing documents (in order of authority):
- California Civil Code (Davis-Stirling Act) — state law, overrides everything else
- CC&Rs (Covenants, Conditions & Restrictions) — your HOA's "constitution," recorded with the county
- Bylaws — how your board operates (election procedures, meeting rules, officer duties)
- Rules and Regulations — day-to-day operational rules (parking, noise, architectural guidelines)
When in doubt, Davis-Stirling wins. If your bylaws say something that conflicts with state law, state law prevails.
Your Board Position: What Does It Mean?
Most HOA boards have five standard officer positions:
President
- Leads board meetings and sets agendas
- Acts as spokesperson for the board
- Signs contracts and legal documents (often requires co-signature)
- Typically the most time-intensive role (8-12 hours/month)
Vice President
- Fills in when the president is unavailable
- Often chairs specific committees (architectural review, landscape, etc.)
- Succession role (usually becomes president if president resigns)
Treasurer
- Manages financial records and reports
- Reviews and approves invoices
- Prepares budget reports for homeowners
- Works with CPA on annual financial review/audit
- Most detail-intensive role (10-15 hours/month)
Secretary
- Takes meeting minutes and maintains records
- Handles official correspondence
- Ensures homeowner notices are sent on time
- Maintains document library (CC&Rs, bylaws, meeting minutes, contracts)
- Most administratively intensive role (6-10 hours/month)
Member-at-Large (Director)
- Participates in board discussions and votes
- May chair committees or handle specific projects
- Lighter time commitment (4-6 hours/month)
Important: Every board member has equal voting power. The president doesn't get two votes. All decisions require a majority of the board.
Your First 30 Days: Essential Tasks
Here's what you need to do in your first month to get up to speed:
Week 1: Get Access and Understand the Basics
1. Get access to essential records:
- Bank account access (view-only for most members, full access for treasurer)
- Email access (board email or shared inbox)
- Document storage (Google Drive, Dropbox, or physical file location)
- Vendor contact list
- Current reserve study
2. Read your governing documents:
- CC&Rs (focus on: assessment procedures, architectural rules, enforcement procedures)
- Bylaws (focus on: meeting requirements, election procedures, officer duties)
- Current rules and regulations
3. Understand your financials:
- Current bank balance and reserve fund balance
- Annual budget (revenue and expenses)
- Monthly homeowner assessments (amount and collection rate)
- Outstanding dues or delinquencies
4. Review your insurance coverage:
- General liability insurance (protects against slip-and-fall, injury claims)
- Property insurance (covers common area buildings and structures)
- Directors & Officers (D&O) insurance (protects board members personally)
- Fidelity bond (protects against employee/manager theft)
Week 2-4: Understand Ongoing Responsibilities
1. Attend your first board meeting (and every meeting going forward)
- California law requires board members to attend open session meetings (Civil Code §4910)
- If you miss 3+ meetings in a year without excuse, you can be removed
2. Learn your vendor relationships:
- Who provides landscaping, pool service, pest control, etc.?
- What contracts are in place? (Read them)
- Who are your reserve project contractors (roofing, painting, paving)?
- Who is your HOA attorney? (You'll need them eventually)
3. Understand your annual compliance calendar:
- When is your fiscal year? (Many HOAs use calendar year; some use July 1 - June 30)
- When do annual financial disclosures go out? (Civil Code §5300—typically 45-60 days before fiscal year-end)
- When is your annual member meeting? (Check bylaws)
- When is your next reserve study due? (Every 3 years for full study, annually for updates—Civil Code §5550)
4. Set up your board email and communication system:
- Don't use your personal email for board business (records retention and public records issues)
- Decide how the board will communicate between meetings (email, shared Slack, etc.)
- Important: All board members should see the same information—no side conversations that exclude other directors
Common First-Year Mistakes (And How to Avoid Them)
Mistake #1: Making Decisions Outside of Board Meetings
What happens: A homeowner emails you asking for an exception to a rule. You respond, "Sure, that's fine." Another board member sees the email and says, "We can't authorize that."
The problem: Individual board members don't have authority to make decisions. Only the board as a whole (through a majority vote) can approve actions.
The fix: Respond to individual requests with: "Thanks for reaching out. I'll bring this to the board for discussion at our next meeting." Then add it to the agenda.
Mistake #2: Mixing Personal Interests with Board Duties
What happens: Your neighbor (and friend) wants to repaint their front door a non-approved color. You vote to approve it because you like them.
The problem: You have a fiduciary duty to apply rules consistently. If you make exceptions based on personal relationships, you're violating your duty and exposing the board to discrimination claims.
The fix: Recuse yourself from votes where you have a personal interest or conflict of interest. Let the other board members decide.
Mistake #3: Not Understanding Dual-Signature Requirements
What happens: You're treasurer. You approve a $2,500 vendor invoice and pay it directly from the bank without a second signature.
The problem: California Corporations Code §7613 requires two signatures on checks over $500 (unless your HOA has a lower threshold in its bylaws).
The fix: Every check or ACH payment over $500 must be reviewed and approved by a second board member. Set up dual-authorization in your banking system.
Mistake #4: Ignoring Open Meeting Laws
What happens: The board discusses a contentious homeowner rules violation via email chain, makes a decision, and announces it. Homeowners complain they weren't allowed to attend.
The problem: California's Open Meeting Act (Civil Code §4900-4955) requires most board business to be conducted in open session meetings where homeowners can attend and speak.
The fix: Use email only for scheduling and non-decision items. Major decisions must be made in properly noticed open meetings (4 days advance notice, Civil Code §4930).
Mistake #5: Failing to Document Decisions
What happens: The board verbally agrees to approve a new landscaping contract during a meeting. Six months later, there's a dispute about what was approved and no one can find a record.
The problem: If it's not in the meeting minutes, it didn't happen (legally speaking). Undocumented decisions can't be enforced and create liability if disputes arise.
The fix: The secretary must take detailed minutes of every board meeting, including motions, votes, and director attendance. Minutes must be available to homeowners within 30 days (Civil Code §4950).
Mistake #6: Not Maintaining Reserves
What happens: The board sees a healthy bank balance and decides to skip reserve contributions this year to avoid raising assessments.
The problem: California law requires HOAs to maintain reserves for major repairs and replacements (Civil Code §5510-5580). Underfunding reserves can lead to special assessments later—and homeowner lawsuits for breach of fiduciary duty.
The fix: Follow your reserve study recommendations. If you can't fully fund reserves, document why and what the plan is to catch up.
Key Annual Deadlines You Can't Miss
Here's your board's annual compliance checklist:
| Task | Deadline | Citation |
|---|---|---|
| Annual Budget Distribution | 45-60 days before fiscal year ends | Civil Code §5300 |
| Annual Policy Statement | 30-90 days before fiscal year ends | Civil Code §5310 |
| Reserve Study (full with site inspection) | Every 3 years | Civil Code §5550 |
| Reserve Study Update (without inspection) | Annually between full studies | Civil Code §5550 |
| Annual Member Meeting | Once per year (check bylaws) | Bylaws + Civil Code §4910 |
| Election (if applicable) | Per bylaws (typically annual or staggered) | Civil Code §5100-5145 |
| Property Insurance Review | Before policy renewal (annually) | Civil Code §5800-5810 |
| Tax Return (Form 1120 or 1120-H) | March 15 (or Sept 15 with extension) | IRS |
Pro tip: Create a shared calendar with these deadlines and set reminders 30 days in advance. Don't rely on memory—automate the reminders.
When to Consult Your HOA Attorney
Don't try to be a lawyer. Here are situations where you should always consult your HOA attorney:
- Delinquent assessments — collection procedures have strict legal requirements
- Rule enforcement and fines — you must follow due process (Civil Code §5850-5865)
- Construction defect claims — these are complex and time-sensitive
- Homeowner lawsuits — even frivolous ones require legal response
- Governing document amendments — CC&R changes require specific procedures and homeowner votes
- Contract disputes — especially for large vendor contracts or reserve projects
- Davis-Stirling compliance questions — when you're unsure if your planned action is legal
Cost-saving tip: Many HOA attorneys offer "pre-paid legal" packages—you pay a flat annual fee for routine advice and discounted rates for litigation. This is almost always cheaper than paying hourly rates for every question.
Working With (Or Without) a Property Manager
Some HOAs hire professional property management companies to handle day-to-day operations. Others are self-managed (the board does everything).
If You Have a Property Manager:
What they typically handle:
- Vendor coordination and invoice processing
- Homeowner communications and complaints
- Maintenance requests and work orders
- Financial bookkeeping and reporting
- Meeting preparation and minutes
What the board still does:
- Major financial decisions (budgets, assessments, large expenditures)
- Policy and rule changes
- Vendor contract approvals
- Legal decisions (enforcement, lawsuits, liens)
- Strategic planning (reserve projects, major improvements)
Important: The property manager works for the board. You're still legally responsible for all decisions. Don't outsource your fiduciary duty.
If You're Self-Managed:
Advantages:
- Lower costs (no management fees)
- More direct control
- Faster response to homeowner concerns
Challenges:
- Board members handle all administrative work
- Higher time commitment (10-20 hours/week collectively)
- Requires organized, reliable volunteers
Key success factor: Clear division of responsibilities. Don't assume "someone will handle it." Assign specific tasks to specific board members.
Your Relationship with Homeowners
You're now in a weird position: you're a homeowner and part of the governing body. Here's how to navigate that relationship:
Do:
- Be transparent: Share financial reports, meeting minutes, and decision rationale
- Listen actively: Homeowners often have legitimate concerns—hear them out
- Apply rules consistently: Treat all homeowners equally, no favorites
- Communicate proactively: Don't let homeowners find out about major changes through the grapevine
Don't:
- Make promises you can't keep: You're one vote on a multi-member board
- Share confidential information: Executive session discussions (personnel, legal, contracts) are confidential
- Take criticism personally: Homeowners are frustrated with the board, not you as an individual
- Engage in social media arguments: Represent the board professionally, always
Handling Difficult Homeowners:
Every board deals with homeowners who complain constantly, make unreasonable demands, or are just plain difficult. Here's how to stay sane:
- Document everything — keep records of all communications
- Respond professionally — don't get emotional or defensive
- Enforce rules consistently — don't make exceptions to avoid conflict
- Know when to involve your attorney — if a homeowner threatens legal action or becomes abusive, escalate immediately
Resources for New Board Members
Essential Reading:
- Davis-Stirling Act (Civil Code §4000-6150) — leginfo.legislature.ca.gov
- Your HOA's CC&Rs and Bylaws — read them fully, not just skim
- Latest Reserve Study — understand what major expenses are coming
Organizations and Training:
- Community Associations Institute (CAI) — offers board member training courses
- California Association of Community Managers (CACM) — educational resources
- Echo (formerly ECHO) — HOA education and advocacy (Southern California)
When You Need Help:
- HOA Attorney — for legal questions and compliance guidance
- CPA specializing in HOAs — for financial and tax questions
- Reserve Study Professional — for reserve planning questions
- Other Board Members — experienced directors are your best resource for day-to-day questions
The Bottom Line
Serving on your HOA board is a significant commitment, but it's also an opportunity to improve your community and build valuable governance experience. Here's what matters most:
- Stay informed — read your governing documents, understand your finances, know your legal obligations
- Act in good faith — make decisions based on what's best for the community, not personal interests
- Document everything — meeting minutes, decisions, and communications create a legal record
- Ask for help — consult your attorney, CPA, and experienced board members when uncertain
- Automate what you can — modern tools can eliminate hours of administrative busywork
You didn't sign up to be a lawyer or accountant. You signed up to make your community better. With the right knowledge and systems, you can do exactly that.
Built for New Board Members
Bursar is designed for volunteer HOA boards in California. We handle the complexity of Davis-Stirling compliance so you can focus on improving your community.
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