Suspending Privileges to Enforce CC&Rs and Operating Rules

Common area privileges may be suspended by an HOA for rule violations, provided due process is followed and the right to suspend is a part of the association's published policy for rules enforcement. HOAs may suspend a member's privileges for unpaid fees, fines, and assessments. If a unit or lot has multiple owners, the suspension of privileges for one owner applies to all owners and the residents of that unit or lot. Associations can suspend a renter's common area privileges if the owner is delinquent in paying HOA assessments. When owners lease their units, they transfer their common area privileges to their tenants. If the owner's privileges are suspended, the loss flows to the tenant.

Allowable Suspensions:

  • Cable TV services can be suspended if an HOA has a bulk contract with the cable company.
  • Use of a clubhouse for functions unrelated to association elections can be suspended.
  • A delinquent owner can be removed from committees.
  • Laundry machine access can be suspended if the laundry machines are paid through owners' dues. However, if they are coin-operated, the service cannot be suspended.
  • Associations providing valet parking (mostly highrise associations) can suspend those privileges to delinquent owners, their families, and guests. Guest parking can also be suspended so guests  must find parking outside the property.
  • Use of the association's recreational facilities, such as a pool, gym, and tennis courts, may be suspended.
  • Associations may not suspend elevator service, as elevators are classified under landlord-tenant law as a utility.
  • Associations may not bar owners and guests from walking through the lobby. Owners have the right of ingress and egress.
  • The right to attend meetings is a right conferred by the Davis-Stirling Act.
  • California's Supreme Court has determined that associations are, "for all practical purposes," a landlord. Under landlord-tenant laws, landlords may not willfully cause, "directly or indirectly," the interruption or termination of utility services to a tenant's residence. Utilities include, but are not limited to, water, heat, light, electricity, telephone, gas, trash, elevators, and refrigeration.
  • As of January 1, 2020, a member's voting rights cannot be suspended. A ballot cannot be denied to a member for any reason other than not being a member at the time when ballots are distributed.

American HOA Management

English: 626-788-1700
Chinese: 818-661-9255