Key Takeaways

- Homeowners in California may be able to sue an HOA for alleged violations of CC&Rs, property damage, maintenance issues, or disputes over assessments and fees.

- The legal process often involves documenting the issue, considering required pre-litigation dispute resolution in some cases, filing a complaint, serving the HOA, and potentially participating in settlement discussions or court hearings.

- Consulting with an HOA attorney may help you understand available options and the procedural requirements that can apply to HOA disputes.

- California small claims court may be an option for lower-dollar cases (subject to statutory limits and eligibility rules), while larger or more complex disputes are typically filed in Superior Court.

- Legal counsel may be helpful in disputes involving HOA board actions, meeting-related requirements, and compliance with laws applicable to common interest developments.

Homeownership comes with a set of responsibilities, but when a homeowners' association (HOA) oversteps its authority or does not follow required procedures, it can lead to legal disputes. In California, homeowners may have options to challenge certain HOA decisions or actions that arguably violate the law, the association's governing documents, or a homeowner's rights.

If you've had a dispute with an HOA in California, understanding the general process and common issues can be helpful. This guide provides an overview of how lawsuits against HOAs are commonly approached, from identifying the basis for a claim to the basic steps involved in litigation.

What is an HOA?

An HOA, or homeowners' association, is a governing body that manages common areas and enforces rules within a community. These organizations are typically found in condominium associations, planned communities, or neighborhoods with shared amenities. The HOA enforces rules and regulations, often referred to as Covenants, Conditions, and Restrictions (CC&Rs), which homeowners must abide by.

While HOAs have authority to manage certain aspects of the community, homeowners also have rights. If an HOA's actions or omissions cause harm, a homeowner may have legal recourse depending on the facts and applicable law. Whether you're dealing with property damage, assessment disputes, or enforcement actions, understanding the general process is often a first step in evaluating next steps.

How Do I File a Lawsuit Against an HOA in California?

If you've experienced a dispute with your HOA, and informal negotiations or internal dispute resolution methods haven’t resolved the issue, you may consider legal action. Here is a general overview of how lawsuits are commonly filed:

Understand the Legal Grounds for Your Lawsuit

Before proceeding with a lawsuit, it's important to identify the legal basis for the claim. Common reasons homeowners sue an HOA include:

- Violation of governing documents: If the HOA is not following its own rules or CC&Rs.

- Property damage: If the HOA's actions or failures to act are alleged to have contributed to damage.

- Failure to maintain common areas: If the HOA neglects its responsibilities regarding upkeep of shared community spaces.

- Assessments, fees, or collection disputes: If there is a dispute over assessments, charges, lien/collection procedures, or whether required notices and procedures were followed.

Consult an HOA Attorney

Navigating the legal process of suing an HOA can be complicated. A qualified HOA attorney can help explain the issues to consider, evaluate procedural requirements, and outline potential options.

Filing a Complaint

Once you've gathered relevant documents, the next step in a civil lawsuit is typically filing a formal complaint. In California, lawsuits against an HOA can be filed in different courts, depending on the nature of the dispute. Your complaint must be filed with the appropriate court, and a copy must be served on the HOA, following applicable service rules. The complaint generally outlines the legal claims and the relief being requested.

- Small Claims Court: Small claims may be an option for lower-dollar disputes, subject to statutory limits and eligibility requirements (which can differ for individuals versus entities and may change over time).

- Superior Court: For higher-value disputes or cases involving more complex legal or procedural issues, filing in Superior Court may be necessary.

Note: For certain disputes involving enforcement of governing documents, California law may require pre-litigation dispute resolution steps (such as alternative dispute resolution) before a lawsuit is filed. Whether those requirements apply depends on the claims and the relief sought.

Serve the HOA with the Lawsuit

Once your complaint is filed, it must be delivered to the HOA through a process called "service of process." In California, service is typically completed by personal service, substituted service, or other methods allowed by statute and court rules. (In some situations, the court clerk may serve the lawsuit by mail in small claims matters.)

Attend Court Hearings

After the lawsuit is filed and served, hearings and motions may follow depending on the case. In some cases, the HOA may seek to dismiss the case or the parties may pursue settlement discussions. If the case proceeds, the parties may present evidence, and the court will make a decision.

Reach a Settlement or Trial

Many HOA disputes resolve through settlement rather than trial. A settlement agreement may address issues such as payments, repairs, or future compliance with certain procedures, depending on what the parties agree to. If a settlement is not reached, the case may proceed to trial.

Understand the Legal Consequences and Fees

Litigation can be time-consuming and expensive. Depending on the claims, governing documents, and applicable statutes, attorney fees and costs may or may not be recoverable by a prevailing party. It's important to understand potential filing fees, litigation costs, and fee-shifting provisions that could apply.

Common Types of HOA Lawsuits in California

Homeowners may file lawsuits against HOAs for a variety of reasons, including but not limited to:

- Maintenance Delays: Disputes regarding whether the HOA has met maintenance obligations for common areas, such as landscaping, shared amenities, or parking areas.

- Violation of CC&Rs: Claims that the HOA is enforcing, interpreting, or amending governing documents in a way that is inconsistent with the documents or applicable law.

- Noise Complaints: Disputes about whether the HOA has followed its procedures when responding to nuisance-related complaints.

- Assessment Liens: Disputes regarding whether an HOA lien or related collection steps complied with required procedures and notices.

How LS Carlson Law Can Help

LS Carlson Law represents clients in California HOA-related disputes and litigation, including matters involving governing documents, board actions, meeting-related requirements, and common interest development laws.

Your Next Step Toward Justice

If you are considering legal action involving an HOA in California, it may be helpful to review the association’s governing documents, keep written records of communications, and understand any procedural requirements that may apply before filing suit.

This article is for general informational purposes only and is not legal advice.