Fountain Valley, CA HOA Rules: Board Governance (2026)
Key Facts
- Term of CC&Rs
- At least thirty years or life of improvements, whichever is greater
- Where recorded
- Orange County recorder, at the same time as the tract or parcel map
- Amendments
- Need city approval, as limited by the city attorney
- Enforcement
- City holds legal and equitable remedies plus attorneys' fees
- Reviewers
- City attorney, director of public works, planning director
- Fee
- Set by City Council resolution, paid by the developer
- Waiver
- Commission or subdivision review committee at map approval
Summary
In the City of Fountain Valley, California, every new subdivision must record conditions, covenants and restrictions (CC&Rs) with the Orange County recorder, effective at least thirty years or the life of the improvements. The city gets approval rights over amendments and its own right to enforce the document in court.
All subdivisions shall be subject to conditions, covenants, or restrictions or a similar recordable document which shall be filed with the Orange County recorder and which shall be effective for at least thirty years or the life of the improvements, whichever is greater. The document shall provide for the continued maintenance and viability of the project as approved. This requirement may be waived by the commission or the subdivision review committee at the time of approving a tract or parcel map. ... The document shall contain a prohibition against revocation, amendment, or revocation of the terms of the document or the document itself without city approval. The city attorney may limit the pertinent provisions of the document that will require city approval before modification may occur. ... Every document shall give to the city a right of enforcement of its terms which shall include all of the alternative remedies and procedures, both legal and equitable, and which shall provide for the payment of attorneys' fees.
Full Breakdown
Chapter 21.84 of the Fountain Valley Municipal Code sets the terms the City Council requires for the governing documents of any community created through a tract or parcel map. Section 21.84.020 applies the requirement to all subdivisions. The document must be filed with the Orange County recorder and must stay effective for at least thirty years or the life of the improvements, whichever is greater. It must provide for the continued maintenance and viability of the project as approved. The planning commission or the subdivision review committee can waive the requirement when it approves the tract or parcel map. Developments that are not subdivisions can also be pulled in if the commission or committee decides a recorded document is necessary for orderly development and continued maintenance.
The document has to carry several city-specific terms. Under § 21.84.030 it must contain a covenant that the covenantor will reference the document in every deed or other instrument that conveys or hypothecates the property. Under § 21.84.040 it must reference all city resolutions affecting the property at the time of approval, including any resolution approving a specific plan, precise plan, tract map or conditional use permit.
Governance control stays partly with the city. Section 21.84.050 requires a prohibition against revoking or amending the document without city approval, and the city attorney can narrow that requirement to the pertinent provisions. Section 21.84.060 gives the city a right of enforcement that includes all legal and equitable remedies and payment of attorneys' fees, again subject to narrowing by the city attorney.
Process: under § 21.84.070 the city attorney, the director of public works and the planning director each review and approve the document, and the developer pays a processing fee set by council resolution. Under § 21.84.080 the developer records the document at the same time as the tract or parcel map, after city fees are paid and approvals and signatures are in hand, and hands the city a conformed copy at the developer's cost.
Violations & Fines
Chapter 21.84 sets no penalty of its own. The consequence is procedural: the map cannot be recorded without an approved document, and the city can enforce the document's terms against the association or owners through every legal and equitable remedy, with attorneys' fees recoverable. Amending the CC&Rs without city approval breaches the mandatory amendment clause.
Frequently Asked Questions
Does every new subdivision in Fountain Valley need CC&Rs?
Can an HOA in Fountain Valley amend its CC&Rs on its own?
Who enforces the CC&Rs besides the association?
Who reviews the CC&Rs and who pays?
Sources & Official References
Other rules in Fountain Valley
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