Condo Owners Rights

A condominium is a popular form of home ownership for young people starting out, retirees needing to downsize from larger homes and others seeking to avoid exterior maintenance chores. Condo rules vary by state, but all condo owners have rights and responsibilities that differ from those of standard home ownership. In California, those rights and responsibilities are primarily governed by the Davis-Stirling Act.

What Is a Condo

Although the word “condo” typically conjures up images of similar adjoining townhouse-type dwellings, “condominium” is a form of ownership, not an architectural style, and condo units can be free-standing houses as well as attached units and apartment buildings. Legally, the word means the title to the air space occupied by a dwelling, store or office. The owner of a condo owns his unit, wall to wall and floor to ceiling, and also shares common areas with other unit owners. Common areas may include parking lots, internal roadways within the development, and such recreation areas as pools and tennis courts.

Homeowners Association

A condo buyer automatically becomes a member of the development’s homeowners association. The HOA board of directors governs the rights and responsibilities of each unit owner based on its bylaws and rules. Unit owners must pay fees, generally monthly, to support maintaining and making repairs to the common areas, hiring landscapers and snow removal services, and frequently to pay for a management company. Unit owners are also responsible for paying special assessments, typically one-time charges to cover unanticipated expenses such as damage to common areas. The HOA board can impose fines and penalties. Board meetings are open to unit owners. The Davis-Stirling Act prohibits board members from taking action outside of board meetings except for email in an emergency.


Documents called covenants, conditions and restrictions govern condo owners’ rights and responsibilities. These rules generally outline such restrictions as what colors an owner can paint his house, whether he can store trucks or boats in the driveway or parking lot, and whether owners can put up a satellite dish or basketball hoops. For example, under the Davis-Stirling Act, condo owners have the right to display the American flag or other noncommercial signs. The CC&Rs; cannot forbid owners from keeping a pet, according to the Davis-Stirling Act. If an HOA decides to limit the number of pets an owner may keep, pets already owned are allowed to stay. Condo owners are allowed to install TV antennas or satellite dishes but they are restricted to a specified size. California condo owners can make modifications to their units to accommodate handicapped people as long as the modifications meet building codes and do not interfere with the passage of other residents.

Right to Protest

Condo owners have the right to protest certain rules that they find onerous. It may be necessary to apply to the HOA board for relief from a restriction -- for instance, permission to park an RV in the driveway temporarily. Depending on the specific HOA rules, the homeowner may need to ask for a variance or waiver and get the permission of neighbors.

Right to Vote

Condo owners are entitled to attend regular HOA board meetings to keep up with any rule changes and to express opinions about rules and other issues. Condo owners have the right to vote to change rules they find unduly unfair, restrictive or even illegal. The CC&R;, or state statutes, should spell out the procedure for overturning a specific rule. A petition signed by a certain number of unit owners may be required. The Davis-Stirling Act allows a special vote of members to reverse a rule change. Owners also have the right to vote out HOA board members and to run for office themselves if they think the board is unresponsive to their concerns.

Arbitration and Litigation

Residents who are having a problem with another owner, or who object to a certain rule, can notify the HOA in writing and request arbitration. California’s Davis-Stirling Act allows for alternative dispute resolution -- specifically mediation, arbitration, and conciliation. Condo owners may find fault with poor or discriminatory enforcement or regulations or mismanagement of funds. Such a major dispute may call for consultation with an attorney who has expertise in condo law.

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