Navigating disputes with your Homeowners Association (HOA) in California can feel overwhelming. Whether it's an issue with a violation notice, disagreements with board members, or concerns over HOA rules, homeowners have legal protections and remedies that may be available under California law. Understanding how disputes may be addressed—through internal processes, alternative dispute resolution, or (in some situations) litigation—can make a significant difference in how a matter is handled.

Understanding California HOA Dispute Resolution

HOA disputes can arise over a variety of issues, including alleged violations of community rules, assessments, or decisions made by the HOA board. In California, these disputes are commonly governed by the Davis-Stirling Common Interest Development Act, along with other provisions in the California Civil Code and the association’s governing documents. The law provides a framework for addressing conflicts, often beginning with internal dispute resolution (IDR) procedures.
California law also emphasizes the use of alternative dispute resolution (ADR) before certain types of court actions can be filed. The intent is generally to encourage resolution without costly litigation. Whether the issue is minor or more significant, it can be helpful to understand the dispute-resolution options that may apply.

The Role of Mediation in HOA Disputes

In California, mediation is one form of alternative dispute resolution (ADR) that may be used to address certain HOA disputes. Mediation is a process where an independent third party helps facilitate communication between the homeowner and the HOA in an effort to reach a voluntary resolution. Associations may also address issues through hearings or other internal processes under their governing documents and the Davis-Stirling Act.
While mediation itself is voluntary, California law generally requires the parties to attempt ADR (which can include mediation) before filing certain lawsuits related to enforcement of the governing documents. During the mediation process, both parties meet with a neutral mediator who helps them discuss the issue at hand. The mediator doesn't make a ruling but works to guide the conversation toward a mutually agreeable resolution. Mediation can be particularly useful in resolving misunderstandings about HOA rules or assessments without the need for lengthy and expensive litigation.

The HOA Arbitration Process

If mediation does not resolve a dispute, arbitration may be another ADR option in some situations. Arbitration is a more formal process in which an arbitrator hears both sides and issues a decision. Whether arbitration is binding typically depends on the parties’ agreement and the rules governing the arbitration.
Under California law, ADR is generally required before certain lawsuits involving enforcement of the HOA’s governing documents (including CC&Rs) can be filed, but arbitration is not automatically required in every dispute. If a homeowner disagrees with an HOA decision regarding these rules, arbitration may be one possible next step depending on the circumstances and what the parties agree to.

California's Mandatory ADR for HOA Disputes

One important aspect of California HOA law is the requirement to attempt ADR before filing certain types of lawsuits related to enforcement of the association’s governing documents. Before a homeowner can file some court actions related to an HOA dispute, they generally must serve a written request for ADR (such as mediation or arbitration) and allow the other side an opportunity to participate. This process is intended to save both homeowners and HOAs time and money by resolving conflicts without resorting to a formal court case.
This requirement is part of the Davis-Stirling Act, which governs common interest developments (CIDs) in California. CIDs include planned communities, condominiums, and cooperatives. If ADR efforts do not resolve the dispute, a party may proceed to litigation when permitted, though it is often treated as a later step in the process.

Small Claims Court: An Alternative for Certain Disputes

In some cases, homeowners may consider small claims court for certain HOA-related disputes involving limited amounts of money. California small claims limits can change over time and may differ depending on whether the claimant is an individual or a business entity. Small claims court can be a relatively efficient and cost-effective forum for some disputes.
However, there are limitations. For example, attorneys generally cannot represent parties in the small claims courtroom, so individuals typically must present their own cases. It’s also important to consider the type of claim and whether it falls within the scope of small claims court before pursuing this route.

The HOA Litigation Process: When Other Methods Fail

If other dispute-resolution methods do not resolve the issue, one option may be HOA litigation. This is the formal legal process where a homeowner files a lawsuit against the HOA (or the HOA files a lawsuit against a homeowner). Litigation may arise when other methods, such as ADR, have been unsuccessful or when the dispute involves more complex legal issues or substantial financial stakes.
Attorney fees for HOA disputes can vary widely, depending on the complexity of the case. Homeowners should be aware that litigation can be expensive and time-consuming, and fee-shifting may be possible in some HOA disputes depending on the claims involved and the applicable statutes.

Receiving a Violation Notice from Your Association: What to Do

If you’ve received a violation notice from your association, it’s important to take the issue seriously. HOAs are required to follow certain procedures under the Davis-Stirling Act when enforcing rules, and homeowners generally have an opportunity to be heard and to contest alleged violations through the association’s enforcement process. Many violations are based on the CC&Rs or Rules and Regulations of the HOA, so it's essential to review these governing documents carefully.
In many cases, a violation may be resolved by addressing the issue directly with the HOA through the association’s processes. If the situation escalates, it may be necessary to follow IDR and/or consider ADR before certain court actions may be filed.

Get the Legal Support You Need

HOA disputes can be complex, but California law provides structured options that may apply, including internal procedures, ADR, and (in appropriate cases) litigation. This article is for general informational purposes and is not legal advice. For guidance on a specific situation, homeowners may wish to consult a California attorney familiar with the Davis-Stirling Act and the association’s governing documents.