Key Takeaways

- Disputes over HOA fees and assessments are common, and an attorney can help homeowners understand how California law applies.

- Conflicts involving board elections or governance may be addressed by reviewing whether required procedures were followed under California law.

- Homeowners facing architectural or modification disputes may benefit from understanding how governing documents and California statutes interact.

- If an HOA is not maintaining common areas or questions arise about board decision-making, legal options may be available under California law.

- Alternative dispute resolution (ADR), such as mediation, is often required or encouraged before disputes escalate further.

Homeownership in California often comes with the added responsibility of complying with rules established by a homeowners association (HOA). While HOAs are intended to manage shared property and community standards, disagreements between homeowners and associations are not uncommon. California law provides a framework that governs how HOAs operate and how disputes may be addressed.

If you are involved in an HOA dispute, an attorney can help explain how the Davis-Stirling Common Interest Development Act and related laws may apply to your situation and outline potential paths forward.

At LS Carlson Law, we handle matters involving HOA disputes throughout California. We work with homeowners who are navigating conflicts with their associations and seeking clarity regarding their rights and obligations under California law.

What Are the Most Common HOA Disputes in California, and How Can an Attorney Help?

HOA disputes can arise in many ways, from disagreements over assessments to questions about rule enforcement. Below are examples of common HOA-related issues in California and the ways an attorney may assist in evaluating them.

1. HOA Fees and Assessments

Disputes frequently involve regular or special assessments. Homeowners may question whether assessments were properly approved, allocated, or noticed under the California Civil Code. An attorney can review governing documents and applicable statutes to assess compliance.

2. Board Elections and Governance

Homeowners sometimes raise concerns about board elections, voting procedures, or board authority. An attorney may review whether elections and governance actions align with statutory and governing document requirements.

3. Architectural Restrictions and Modifications

Many HOAs regulate exterior modifications, including solar installations or other improvements. Disagreements may arise over approvals or denials. An attorney can help evaluate whether restrictions are being applied consistently and in accordance with California law.

4. HOA Violations and Enforcement

HOAs may issue violation notices for alleged rule breaches. Homeowners may dispute whether enforcement actions are authorized or fairly applied. Legal counsel can assist in reviewing the basis for enforcement and available response options.

5. Common Area Maintenance

HOAs are generally responsible for maintaining common areas, though disputes can arise regarding the scope of that responsibility. An attorney can help assess maintenance obligations under the governing documents and applicable law.

6. Discrimination or Fair Housing Concerns

HOAs must comply with state and federal fair housing laws. If a homeowner believes an association’s actions raise fair housing concerns, an attorney can help evaluate whether further review or action may be appropriate.

7. Alleged Breach of Fiduciary Duty by Board Members

Board members are required to act in the interests of the association. Disputes may arise when homeowners question whether decisions were made appropriately. An attorney can help analyze whether fiduciary standards under California law were met.

8. Disputes Over Rules and Regulations

HOA rules often govern noise, pets, parking, and appearance. Homeowners may challenge whether rules were properly adopted or consistently enforced. Legal review can help clarify how those rules align with statutory requirements.

9. Access to HOA Records and Transparency

California law provides homeowners with rights to inspect certain HOA records. When access is delayed or denied, an attorney can help assess whether statutory obligations have been met.

10. Alternative Dispute Resolution (ADR)

Many HOA disputes in California involve or require alternative dispute resolution before litigation. An attorney can help homeowners understand ADR requirements and prepare for those processes.

Understanding the Role of an HOA Attorney

An HOA attorney can assist homeowners by explaining how California law applies to specific disputes, reviewing governing documents, and outlining procedural options that may be available. The appropriate course of action will depend on the facts of each situation.

At LS Carlson Law, we represent homeowners in matters involving HOA disputes throughout California. Our work focuses on helping clients understand their options within the legal framework governing common interest developments.

Addressing HOA Disputes in California

If you are facing an HOA-related dispute, it may be helpful to consult with an attorney to better understand how California law applies to your circumstances. Each HOA dispute is fact-specific, and outcomes depend on governing documents, statutes, and procedural history.