When you buy into a homeowners association (HOA) community in California, you expect fairness, transparency, and professionalism. But what happens when an HOA board member crosses the line—bullying homeowners, misusing funds, or violating fiduciary duties? These aren’t just frustrating experiences; they could lead to formal disputes or legal claims.
California homeowners are not powerless. State law provides protections and potential remedies when HOA board misconduct becomes harassment, overreach, or abuse. This article provides general, California-specific information about common issues that may arise in HOA disputes and the legal framework that often applies.

What Qualifies as HOA Board Misconduct in California?

HOA board misconduct generally refers to an action (or failure to act) by a board member that may violate the law, governing documents, or fiduciary duties. In California, HOA boards are governed primarily by the Davis-Stirling Act and may also be subject to the Nonprofit Mutual Benefit Corporation Law and other state and federal laws, depending on the issue. These laws set standards of care and generally require board members to act in the best interests of the association and within the scope of their authority.
Common types of HOA board misconduct in California include:
Breach of fiduciary duty: Board members are generally expected to act in good faith and avoid self-interest. Decisions that personally benefit a director (often described as “self-dealing”) may violate fiduciary duties and could also violate the governing documents or applicable law.
Board member conflicts of interest: Financial ties or personal relationships that influence board decisions may need to be disclosed and addressed under the association’s governing documents and applicable law.
Failure to maintain or allow inspection of certain records: HOA funds, financial statements, and reserve information are subject to statutory recordkeeping and inspection requirements, with procedures and exceptions.
Selective enforcement of rules or targeting certain homeowners: Unequal enforcement can raise fair housing concerns, particularly if discrimination is involved under the federal Fair Housing Act or California’s Fair Employment and Housing Act (FEHA).
Abuse of power: For example, using fines or restrictions to retaliate against a homeowner who raises concerns may violate the governing documents and could implicate other legal protections.
Understanding the definition of board misconduct is the first step. Once it’s clear that misconduct may be occurring, homeowners can begin to consider available dispute-resolution options and potential remedies.

Legal Standards for Board Conduct Under the Davis-Stirling Act

The Davis-Stirling Common Interest Development Act is the central piece of legislation governing HOAs in California. It outlines duties regarding:
Transparency in Board Meetings
Maintenance of HOA records and financial documents
Notice requirements for special meetings
Use of common areas and community resources
The Act also incorporates standards of care that generally align with those applied to directors under California nonprofit corporations law. This typically includes acting in good faith, in the best interests of the association, with reasonable inquiry, and with appropriate consideration of conflicts of interest.
Alleged violations of these standards—whether intentional or due to negligence—may, depending on the facts, support claims or other legal remedies.

How to Document and Address Suspected Board Misconduct

If you suspect wrongdoing by a California HOA board, documentation is often important. Courts and other decision-makers commonly rely on records and evidence.
Here’s what homeowners can do:
Collect evidence: Save emails, letters, board meeting minutes, fines, and other written records that may support your concerns.
Review governing documents: Familiarize yourself with the HOA’s Covenants, Conditions, and Restrictions (CC&Rs), bylaws, and rules.
Request records: California law generally gives members rights to inspect certain association records, subject to statutory procedures, timelines, and exceptions.
Attend board meetings: Ask questions and raise concerns when appropriate. Keep detailed notes, and make recordings only when permitted by law and the association’s rules.
Seek internal resolution: Many associations have internal complaint or dispute resolution processes. Davis-Stirling also includes an “internal dispute resolution” (IDR) process that may be available.
Consider alternative dispute resolution: For many HOA-related civil actions, Davis-Stirling encourages—and in some situations requires—attempting alternative dispute resolution (ADR), such as mediation, before filing suit.
Report suspected crime when appropriate: In cases involving suspected theft or embezzlement, homeowners may consider reporting to local law enforcement or the appropriate authorities.
Consult a California attorney if needed: An attorney can help evaluate the facts and explain available procedures and potential remedies.

Legal Remedies Available to Homeowners

When internal action isn’t enough, California law provides several potential remedies depending on the facts:
Civil claims for damages or injunctive relief: Depending on the circumstances, claims may involve alleged breach of fiduciary duty, failure to follow governing documents, or mismanagement of association affairs.
Mediation and other ADR processes: Mediation is commonly used in HOA disputes, and Davis-Stirling sets out ADR requirements that may apply before certain lawsuits are filed.
Removal of board members: Under certain circumstances, homeowners may be able to organize and vote to remove board members, typically through the association’s election procedures and applicable corporate law.
Fair housing claims: In cases involving discrimination, federal and state fair housing laws may provide protections.
Theft/embezzlement concerns: If a board member is suspected of stealing or misusing funds, criminal laws (such as theft/embezzlement statutes) may apply, and civil claims may also be asserted in appropriate cases.
Insurance: Fidelity/crime coverage or other HOA insurance policies may, depending on the policy terms and the facts, help address losses to the association.

Case Examples of Successful Actions Against Board Misconduct

While every case is unique, the following are illustrative examples of situations in which homeowners may pursue accountability when misconduct is substantiated:
A board officer is alleged to have used association funds for personal expenses. After an investigation and appropriate proceedings, the association seeks repayment and implements stronger financial controls.
Homeowners challenge selective enforcement that appears to disproportionately impact a protected group. The dispute is resolved through policy changes and, in some cases, legal claims under fair housing laws.
The association is alleged to have failed to maintain common areas, creating health and safety concerns. Homeowners seek an order requiring compliance with maintenance obligations and applicable standards.
These examples are not a guarantee of outcomes. Results depend heavily on the governing documents, the evidence, and the specific facts.

Preventative Measures HOAs Should Implement

While legal action may be necessary, prevention is ideal. HOAs should adopt the following practices to reduce disputes and potential liability:
Enforce clear conflict of interest policies and require board members to disclose personal ties.
Establish transparent financial reporting practices and regular audits of HOA funds.
Train board members on the Davis-Stirling Act, corporate fiduciary duties, and ethical governance.
Ensure access to HOA records for all members as required by law.
Use appropriately licensed professionals for property management and legal compliance, as needed.
Promote a fair and inclusive environment that respects the rights of homeowners.

Take Action: Protect Your Rights with Trusted Legal Guidance

If you’re dealing with alleged board misconduct, harassment, or misuse of authority in your HOA, it may help to understand the dispute-resolution processes available under the Davis-Stirling Act (including IDR and ADR) and to review your governing documents. In some situations, homeowners also choose to consult a California attorney to better understand potential options based on the facts and applicable law.