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HomeCivil CodeDiv. 4Pt. 5Ch. 3Art. 5§ 4355 Hoa Operating Rule Scope

§ 4355 Hoa Operating Rule Scope

Civil Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 4355 Hoa Operating Rule Scope

Key Takeaways

  • •This law lists the types of rules that must follow special processes (like voting or notices) in a community or building with shared spaces.
  • •Rules about using shared areas, changing how your place looks, or disciplining members must follow these special processes.
  • •Some decisions, like fixing shared areas or setting fees, don’t need to follow these special processes.
  • •If a rule is required by law or just repeats existing rules, it also doesn’t need the special processes.

Example

Your apartment building has a rule that says you can’t paint your front door bright pink without asking first.

This rule must follow the special processes because it’s about changing how your place looks. The board can’t just decide it without following the rules in Sections 4360 and 4365.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 4355 Hoa Operating Rule Scope

(a) Sections 4360 and 4365 only apply to an operating rule that relates to one or more of the following subjects: (1) Use of the common area or of an exclusive use common area. (2) Use of a separate interest, including any aesthetic or architectural standards that govern alteration of a separate interest. (3) Member discipline, including any schedule of monetary penalties for violation of the governing documents and any procedure for the imposition of penalties. (4) Any standards for delinquent assessment payment plans. (5) Any procedures adopted by the association for resolution of disputes. (6) Any procedures for reviewing and approving or disapproving a proposed physical change to a member’s separate interest or to the common area. (7) Procedures for elections. (b) Sections 4360 and 4365 do not apply to the following actions by the board: (1) A decision regarding maintenance of the common area. (2) A decision on a specific matter that is not intended to apply generally. (3) A decision setting the amount of a regular or special assessment. (4) A rule change that is required by law, if the board has no discretion as to the substantive effect of the rule change. (5) Issuance of a document that merely repeats existing law or the governing documents. (Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)

Last verified: January 21, 2026

Key Terms

Sections 4360 and 4365operating rulecommon areamember disciplinedelinquent assessment payment plansdispute resolutionelection procedures

Related Statutes

  • § 4340 Association Operating Rules
  • § 4350 Association Rule Validity
  • § 6630 Common Interest Development Rules
  • § 6632 Association Rule Validity
  • § 4285 Condominium Plan Requirements

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Civil Code. Section 4355.
View Official Source