Homeowner associations (HOAs) are designed to create a sense of community and help maintain common interest developments. However, disputes can arise between homeowners and HOA boards or management companies. Here are some common HOA disputes and general options that may help address them.

Disputes Over Assessments
One of the most common HOA disputes is over assessments. Homeowners may disagree with the amount they are being charged, the timing of the assessment, or the purpose of the assessment. In these situations, homeowners can review the HOA's governing documents (and applicable California law, including the Davis-Stirling Common Interest Development Act) to better understand how assessments are authorized and noticed. If the assessment appears to be properly imposed, homeowners may be able to work with the HOA regarding payment arrangements or request a meeting/hearing consistent with the HOA’s procedures. If there are questions about whether an assessment was imposed in compliance with the governing documents or applicable law, a homeowner may consider using available dispute resolution processes, such as internal dispute resolution (IDR) or alternative dispute resolution (ADR), and consulting legal counsel.

Architectural Review Disputes
HOAs often have guidelines for property modifications or improvements. Disputes can arise when homeowners make changes without obtaining the proper approvals or when the HOA denies a request for modification. Homeowners can address this issue by reviewing their HOA's governing documents and working with the architectural review committee to understand the basis for the decision and whether additional information or revisions may resolve concerns. If the dispute is not resolved informally, homeowners may consider IDR/ADR or other formal dispute-resolution options that may be available.

Disputes Over Maintenance and Repairs
HOAs are generally responsible for maintaining common areas and, depending on the governing documents, may also have responsibility for certain exterior components. Disputes can arise when maintenance and repairs are not being done in a timely or appropriate manner. To address this issue, homeowners can review their HOA's governing documents and communicate with the management company or HOA board regarding the concern and any applicable maintenance obligations. If those steps do not resolve the dispute, homeowners may consider available dispute-resolution processes, such as IDR or ADR.

Disputes Over Rules and Regulations
HOAs have rules and regulations that homeowners are generally required to follow. Disputes can arise when rules appear inconsistent with the governing documents or applicable law, or when enforcement appears uneven. To address this issue, a homeowner may want to consider working directly with the HOA and requesting clarification about the rule and how it is being applied. If an informal attempt at resolution does not resolve the issue, more formal dispute-resolution options (such as IDR/ADR) may be considered.

Disputes Over Board Elections
Board elections are an important part of HOA governance. Disputes can arise when election procedures required by the governing documents or California law are not followed. In these situations, if informal efforts do not resolve the concern, homeowners may consider formal dispute-resolution options (including IDR/ADR) and, where appropriate, consulting legal counsel.

In conclusion, HOA disputes can be stressful and time-consuming. However, homeowners can take steps to address these issues by reviewing their HOA's governing documents, gathering relevant information, and communicating with the HOA to try to reach a resolution. This article is provided for general informational purposes only and is not legal advice.