What Laws Govern Our SCSH HOA?

We do have documents which govern our community -- everyone who lives here was given copies prior to purchase or moving in and all homeowners have agreed to abide by them. They are also available to all homeowners on this website in the "Residents Only" area.

In addition, unlike states like Washington or Michigan, California has some of the toughest laws concerning the governing of Common Interest Developments such as SCSH. In addition, California also has strict corporate laws which our Association and our Board (Corporate Directors) must abide by, because our Association is a corporation.

Sun City Shadow Hills Community Association is a California Corporation. It was incorporated with the Secretary of State in 2003. Directors of the Association are required by law, to act in the best business interests of the corporation.

Below are the laws and governing documents that pertain to Sun City Shadow Hills Community Association Corporation, its Directors and members.

The Federal Fair Housing Amendment Act of 1988.
Requires that a minimum of 80% of our residences be occupied by a resident 55 years of age or older.

California Civil Codes 4000-6190.

This subset of California Civil codes are commonly referred to collectively as the Davis Stirling Act. They govern all condominiums, cooperatives and planned unit developments in the state of California. California is known for having some of the best and strongest homeowner protection laws in the nation. Unlike states such as Washington or Michigan, which have very few laws concerning Homeowners Associations, California law is quite voluminous. There are 2190 laws which the state has enacted which delineate the rights and responsibilities of both the Homeowner’s Association collectively and the homeowner individually. One of the reasons that a well seasoned California HOA attorney is imperative to the successful operation of our community is their in-depth knowledge of these laws which are specific to California and to ensure that our Board of Directors is well aware of them and does not violate the law.

California Corporations Code.

Our HOA is also governed by the California Corporations Code. Sun City Shadow Hills Home Owners Association is a corporation. Homeowners are the shareholders. The value of our shares is in our homes. Our Directors must act in accordance with all pertinent civil codes even when some residents do not like it. At the June Board meeting, our HOA attorney was explaining the law concerning attorney client privilege to residents and what the consequences of violating that could be to the Association -- when one resident yelled back "We don't care, we voted her in." This is one of the reasons that is is imperative that our community have a knowledgeable California HOA attorney counseling our Board and that the Board members we elect have strong corporate backgrounds -- to protect the best interests of all of us.

Other Codes, the SCSH Community Association Corporation is subject to are:

§ Civil Code

§ Business and Professions Code

§ California Code of Civil Procedures

§ California Government Code

§ California Health and Safety Code

§ Toxic Mold Protection Act of 2001

§ California Insurance Code

§ California Labor Code

§ California Penal Code

§ California Public Resources Code

§ California Vehicle Code

§ California Welfare and Institutions Code

§ California Code of Regulations

§ California Buildings Standards Code

§ United States Code

§ Code of Federal Regulations

In addition, the Directors and members are also subject to the following SCSH Community Association Corporation's governing documents.

§ Our HOA CC&Rs

§ Our HOA Articles of Incorporation

§ Our HOA By-laws

§ Our HOA Rules and Regulations

As you can see, the number of laws our SCSH Community Association Corporation is subject to is not only voluminous, but complicated. Hence the reason our corporation has professional HOA Corporate counsel.