In accordance with the California Civil Code, membership in a community association is coupled with an ownership interest in a common interest development. This requirement is commonly stated in an association's governing documents: A person must be on title to be a member.

An unrecorded deed conveys property rights in most situations. However, unless an association's governing documents provide otherwise, an unrecorded deed does not confer membership status. Explicit statements are frequently found in an association's CC&Rs, bylaws, or policies and procedures. Members can hold title as sole ownership, community property, community property with right of survivorship, joint tenants with right of survivorship, and tenants in common.

A spouse not on title does not have the right to vote in elections or run for the board by being married to someone who is on title. Community property rights are not relevant. Regarding real estate, rights flow to a person on title. Those with community property rights may, at a later date, have claims to equity in the property but they may still not vote. In California, most property acquired during marriage is owned jointly by both spouses and is divided upon divorce, annulment, or death. While community property might be presumed, such rights are not guaranteed.

Although a non-owning spouse is not a member and cannot vote in membership elections, he or she can use common area recreational facilities as a resident family member of the spouse on title. The non-member spouse can also attend board meetings unless the board has a strict member only attendance policy. This would be highly unusual.

Corporations may own property and be members of a common interest development. A corporation is defined by law as a "legal person" with all the rights of a natural person in an association. As such, a corporation, whether for-profit or non-profit, may appoint a representative to attend meetings, vote, and serve on the board of directors.

Unlike a corporation, a trust is not a legal entity. The trustee holds legal title to property owned by a trust. Since a family trust is not a legal entity, it cannot hold title to property. It must be in the name of a trustee who holds legal title to the property on behalf of the trust with language similar to the following: "John Doe as Trustee of the John Doe Family Trust dated 12/1/25." Accordingly, the person on title (not the beneficiaries) is deemed a member of an association. As members, trustees have the power to vote in membership elections and serve on the board. Frequently, the person living in the association is the trustee. Sometimes, however, the resident is a beneficiary of the trust or a tenant authorized by the trust to reside at the property. In that case, the residents have the right to use the facilities but not the right to vote or serve on the board. Regardless of the association's bylaws, directors must be members with certain specified exceptions. An attorney-in-fact or power of attorney is an agent authorized to act on behalf of and make legally binding decisions on behalf of another person but is not authorized to practice law.

An attorney-in-fact can manage investments, make health decisions, and do other tasks for someone else but cannot change a will or trust. A person with proper power of attorney can attend board and membership meetings and vote but cannot serve on the board of directors or use the association's amenities. If the issue arises, boards should ask for a copy of the power of attorney and have it reviewed by legal counsel.

When owners lease their units to tenants, they transfer some, but not all, membership rights to their tenants.

Membership in a common interest development is appurtenant to and non-severable from an owner's unit or lot. Accordingly, membership cannot be assigned, transferred, pledged, conveyed, or alienated in any way except upon the transfer of title of a unit or lot and only to the transferee.

Under those conditions, the transfer of ownership is automatic.