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Hayward, CA HOA Rules: Board Governance (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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.

View official code

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?
Yes. Section 10-3.385 requires that 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. The City reviews this requirement as part of the common interest development's map approval, before units can be sold.
When does a Hayward HOA have to hire a professional management company?
Once the project reaches 15 units. Section 10-3.385 requires that 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 can be self-managed by their board.
Can Hayward homeowners run their own HOA without a management company?
Only if the project has fewer than 15 units. Section 10-3.385 ties the professional, state-licensed management company requirement to Common Interest Developments of 15 units or more; smaller projects are not required by this section to retain outside management and may rely on an owner-elected board instead.

Sources & Official References

Other rules in Hayward

All Hayward rules

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