What Happens When My California HOA Board Violates the Davis-Stirling Act? Insights from an Experienced HOA Lawyer

The Davis-Stirling Act is a California state law that governs the operation of many homeowner associations (HOAs). It sets forth requirements that HOAs must follow in areas such as election procedures, dispute resolution, and financial management.

HOA boards and managers sometimes misunderstand or misapply these requirements, which can lead to noncompliance with the Davis-Stirling Act. Depending on the circumstances, this may affect homeowners’ statutory rights and the association’s decision-making processes.

So, what happens when an HOA board violates the Davis-Stirling Act? The answer depends on the nature of the alleged violation, whether it can be cured, and what remedies may be available under the governing documents and applicable law.

In some cases, the violation may be relatively minor and capable of correction. For example, if an HOA board fails to properly notice a meeting or election, the issue may be addressed by providing proper notice and, if appropriate under the circumstances, redoing the meeting or election in compliance with Davis-Stirling requirements.

However, in more serious cases—such as certain issues involving association finances or potentially discriminatory conduct—the consequences can be significant. Depending on the facts, disputes may result in internal dispute resolution, alternative dispute resolution, or litigation, and a court could order various remedies.

Homeowners who believe their HOA board has violated the Davis-Stirling Act may want to review the relevant statutory provisions and the association’s governing documents and keep organized records related to the issue. Because remedies and deadlines can vary based on the specific claim and facts, some homeowners also choose to consult an experienced HOA lawyer for advice tailored to their situation.

In conclusion, violations of the Davis-Stirling Act can have meaningful consequences for homeowners and HOA boards alike. This article is for general educational information only and is not legal advice.