Hayward, CA HOA Rules: Board Governance (2026)
Key Facts
- CC&Rs
- Required for every common interest development
- Association/corporation
- Mandatory formation to manage the project
- Professional management threshold
- 15 or more units
- Management company
- Must be licensed in California
- Governing section
- Hayward Municipal Code § 10-3.385
Summary
Every new common interest development in Hayward must form a homeowners' association and adopt CC&Rs before the city will approve its final map. Municipal Code Section 10-3.385 also requires larger developments, those with 15 or more units, to hire a state-licensed professional property management company to run the association's budgeting, accounting, and maintenance.
For all projects, there shall be required covenants, conditions and restrictions (CC&Rs), and the formation of an association or corporation for the purpose of managing and maintaining the project. For Common Interest Developments of 15 or more units, a professional property management company, licensed within the State of California, shall oversee the homeowners' association, including budgeting, accounting, and providing for property maintenance.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Municipal Code: Supplement 28 Update 1 | Charter: Supplement 1).
Full Breakdown
385, Organizational Documents, is part of Hayward's Common Interest Development subdivision chapter and applies to every condominium, community apartment, or similar project that goes through the City's map approval process. It requires, for all projects, both covenants, conditions and restrictions (CC&Rs) and the formation of an association or corporation for the purpose of managing and maintaining the project; a common interest development cannot record its final map without both in place. The section adds a professionalization threshold tied to project size: for Common Interest Developments of 15 or more units, a professional property management company, licensed within the State of California, shall oversee the homeowners' association, including budgeting, accounting, and providing for property maintenance.
Smaller developments, those under 15 units, can rely on self-management by an owner-elected board instead of a licensed management company. The same section separately gives the City the right to step in and abate common-area nuisance conditions the association fails to correct, and to recover the cost from the association or individual owners, a provision distinct from the formation and management-company mandate. 365, before any unit can be sold to an individual owner.
Violations & Fines
A common interest development that records a final map without the CC&Rs and association Section 10-3.385 requires, or a 15-or-more-unit project that fails to retain a state-licensed professional management company, is out of compliance with Hayward's subdivision approval conditions and can face map or permit enforcement action. General Municipal Code violations are infractions under Section 1-3.00, with fines capped at the limit in Government Code Section 36900, rising to a misdemeanor after a third conviction within twelve months.
Frequently Asked Questions
Does every Hayward condo project need a homeowners' association?
When does a Hayward HOA have to hire a professional management company?
Can Hayward homeowners run their own HOA without a management company?
Sources & Official References
Other rules in Hayward
California rules heatmap·Compare Hayward to another location·View the California hoa rules overview
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