NCPRC · Natoma Community Policy Review Council

Residents’ Rights

A high-level overview of homeowner and resident rights under California HOA law and standard governance practice.

This page is provided for educational purposes only. It does not constitute legal advice. Residents seeking legal interpretation should consult a qualified attorney or review the Davis-Stirling Common Interest Development Act directly.

Legal framework

Homeowners associations in California are governed primarily by the Davis-Stirling Common Interest Development Act, along with the association’s own governing documents (CC&Rs, Rules & Regulations, and Bylaws).

While associations have authority to adopt and enforce rules, that authority is not unlimited. Enforcement must be consistent, transparent, and procedurally fair.

Core resident rights

1. Right to fair and consistent enforcement

Rules must be applied uniformly to all residents
Selective or arbitrary enforcement is prohibited
Enforcement practices must align with written policy

2. Right to notice and due process

Residents are entitled to clear notice of alleged violations
Notices must identify the specific rule involved
Residents have the right to respond or request a hearing

3. Right to review governing documents

Residents may request and review CC&Rs and operating rules
Rules must be accessible and not enforced retroactively
Policies must be clearly communicated before enforcement

4. Right to proportional enforcement

Penalties must be reasonable and proportionate
Escalation (including towing) should follow documented steps
Immediate or punitive escalation may raise compliance concerns

5. Right to freedom from harassment

Repeated or excessive notices may constitute improper conduct
Enforcement should not create an atmosphere of intimidation
Actions must serve community welfare, not personal discretion

Important note: Towing is considered a severe enforcement action. California law and standard HOA practice require heightened care, documentation, and clarity when towing is threatened or executed.

What residents can do

Request clarification of the specific rule being enforced
Ask for written documentation of enforcement authority
Document notices, dates, and circumstances
Submit experiences through a structured review process

NCPRC’s role: The Council exists to help residents understand policy boundaries, identify systemic issues, and encourage governance practices that reduce conflict and restore trust within the community.

Questions regarding resident rights or policy interpretation may be directed to:
Email: [email protected]

Respectfully,
Natoma Community Policy Review Council (NCPRC)
Independent, resident-led policy review