Fullerton, CA HOA Rules: Board Governance (2026)

030, Homeowners Association Requirements. Subsection (A) requires the unencumbered, fee-simple title to all common open space, easements and recreational areas or facilities in the PRD to be conveyed to an independent homeowners association organized as a state nonprofit mutual benefit corporation, whose primary objective is the permanent retention and maintenance of those common areas for the continued use of owners and occupants. Subsection (B) then subjects that association to a city checkpoint: its procedures and founding documents must be approved by the City Attorney at the time of, and as a condition of, the PRD concept-plan approval, meaning a developer cannot move a PRD forward without governance paperwork the city has already reviewed.

Subsection (C) fixes the membership structure, tying exactly one HOA membership to each dwelling unit, transferring automatically with each conveyance, capping total memberships at the total number of units, and limiting membership to unit owners. Subsection (D) guarantees owners and occupants the right to use all common spaces, areas and facilities for as long as they own or occupy their unit. Read together, the four subsections require a specific corporate form, city pre-approval of the governing documents, a fixed one-membership-per-unit structure, and guaranteed use rights, before the chapter turns separately, in subsection (E), to how that association must enforce assessments and liens. The requirement traces to Ord. 2982, adopted in 2001, and applies citywide wherever the PRD zone classification is used.