Bernardo Heights Community Association· San Diego, California
Our initial scan found 3 potential issues in your governing documents.
We checked the 3 public PDFs on Bernardo Heights Community Association’s website against current California and federal HOA law—and more issues may exist depending on the documents you load.
✓CC&Rs / Declaration✓Rules & Enforcement Policies✓Association Bylaws+ Add up to 10 PDFs in Full Analysis
“Any lease for a period of less than one hundred eighty (180) days is strictly prohibited.”
Why It’s Flagged
Cal. Civ. Code §§ 4740, 4741, 4751
Cal. Civ. Code §§ 4740: 4741, 4751 and Restatement (Third) of Property (Servitudes) §§ 6.5 & 6.7, an association may not enforce newly adopted rental caps or minimum lease terms retroactively against existing non-consenting owners, prohibit statutory Accessory Dwelling Units (ADUs/JADUs), compel disclosure of confidential tenant credit/criminal reports, or restrict leasing via unrecorded board resolution.
Sample Discussion Wording for HOA Counsel
For Board & Counsel Review
Amend Section Master Declaration Article VIII, Section 8.11 to grandfather existing non-consenting Owners under Cal. Civ. Code §§ 4740, 4741, 4751, exempt statutory ADUs/JADUs, limit tenant registration to basic contact/lease-term data, and require any leasing restriction to be adopted by recorded Declaration amendment.
REMAINING INITIAL FINDINGS & FULL DOCUMENT SET
2 Additional Issues Flagged in Initial Scan
Unlock exact page coordinates, statutory citations, and counsel discussion notes for all 2 remaining issues—plus load up to 10 PDFs for complete review.
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Potential Issue Surfaced in Initial Scan
Document
Severity
#2
Clothesline / Solar Energy Installation Restriction Conflict
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