What are the rights of non-members in an HOA community?
In California, the rights of non-members in an HOA community are outlined in the Davis-Stirling Common Interest Development Act and are subject to the rules of the specific community. Generally, non-members have the right to use and access the common areas of the property, such as parks, recreational areas, and even pools, as long as they follow the established rules and regulations. Non-members also have the right to attend meetings, to speak up as members are discussing issues, and even to vote on matters that directly affect the common area or community as a whole. However, they cannot vote on matters that pertain exclusively to the members, such as the election of board members and amendments to the governing documents. Non-members also have the right to be informed as to how their money is being spent. HOAs must provide an accounting of how funds are collected and spent. Non-members also have the right to view documents that outline the rules and regulations of the community, such as CC&Rs. Finally, non-members have the right to file complaints with the HOA board to challenge any rules that they feel are unjust or unfair. Non-members can also file a complaint with the California Department of Real Estate if they feel that their concerns are not being heard or answered by the HOA board.
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