Homeowner associations can suspend common area privileges for rules violations, provided due process is followed and the right to suspend is part of the association's written policy for rules enforcement. Associations may suspend a member's privileges for unpaid fees, fines, and assessments provided the right to suspend is in the association's collection policy and due process is strictly followed. If a unit or lot has multiple owners, the suspension of privileges for one owner applies to all owners and residents of that unit or lot. Associations can suspend a renter's common area privileges if the owner is delinquent. When owners lease their units, they transfer their common area privileges to their tenants. If the owner's privileges are suspended, the suspension flows to the tenants.

Suspensions Allowed

• Laundry Facilities. The service can be suspended if laundry machines are paid through owners' dues. However, if they are coin-operated, the service cannot be suspended.

• Cable TV. There services can be suspended if an association has a mason contract with the cable company.

• Meeting Facilities. Use of the clubhouse for functions unrelated to association elections can be suspended.

• Committee Membership. A delinquent owner can be removed from committees.

• Parking. 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.

• Recreational Facilities. Use of the association's recreational facilities, such as the pool, gym, tennis courts, etc., may be suspended.

Suspensions Not Allowed

Elevators. Associations cannot suspend elevator service.

Ingress/Egress. Associations cannot bar owners and their guests from walking through the lobby. Owners have the right of ingress and egress.

Meeting Attendance. The right to attend open meetings. Meeting attendance is a right conferred by the Davis-Stirling Act.

Meeting Facilities. Facilities during association elections cannot be suspended.

Utilities. California's Supreme Court has determined that associations are "for all practical purposes" a landlord. Under landlord-tenant law, landlords may not willfully cause, "directly or " indirectly," the interruption or termination of utility services. Utilities covered include, but are not limited to, water, heat, light, electricity, telephone, gas, elevators, and refrigeration.

As of January 1, 2020, a member's voting rights can no longer be suspended.

 

Declaration of Covenants, Conditions and Restrictions (CC&Rs)

Bylaws of Homeowner Associations