Homeowners in California are subject to a detailed legal framework intended to guide how Homeowners Associations (HOAs) and their boards operate and how disputes are addressed. However, conflicts between homeowners and HOA boards can arise, from disputes over the interpretation of governing documents to concerns about board processes or decision-making.
If you're facing issues with your Los Angeles HOA, it can be helpful to understand the rules that may apply and the dispute-resolution options that are commonly available under California law. This article provides general educational information about HOA board responsibilities, common areas of conflict, and typical paths for resolving disputes.

Understanding HOA Board Responsibilities and Compliance

Homeowners Associations (HOAs) play an essential role in maintaining the common areas and overall appearance of a residential community. The HOA board, typically made up of homeowners who volunteer for leadership positions, is responsible for enforcing the community’s rules and regulations, managing the finances, and making decisions that impact all residents. While the intent is to keep the neighborhood running smoothly, HOA boards in Los Angeles may sometimes act beyond their authority or fail to follow procedures required by the governing documents.
In California, the Davis-Stirling Common Interest Development Act governs many aspects of HOA operations and includes requirements intended to protect homeowners’ rights. Various provisions in the California Civil Code address how HOAs must function, including topics such as maintaining common areas, providing required notices, and conducting board meetings. Board members generally have fiduciary duties to the association and are expected to act in good faith, within the scope of their authority, and in a manner that is intended to be fair and transparent. When an HOA board does not follow applicable requirements, disputes can result.

Common Issues Between Homeowners and HOA Boards in Los Angeles

Conflicts between homeowners and HOA boards are not uncommon, and they can arise from several issues. These might include alleged violations of governing documents, concerns about how rules are enforced, disputes over maintenance responsibilities, or disagreements regarding assessments and fees. Homeowners may also find themselves frustrated with a lack of communication or transparency regarding board decisions.
Some of the most common issues include:
Selective Enforcement: Homeowners may feel that the HOA is enforcing rules against them while not addressing similar violations by other residents. Depending on the facts and the governing documents, inconsistent enforcement can be relevant in an HOA dispute.
Failure to Maintain Common Areas: If the HOA is not properly maintaining common areas or addressing maintenance requests, homeowners may raise the issue through the association’s internal processes and, in some circumstances, pursue available legal remedies.
Unreasonable Rules or Restrictions: Homeowners may find certain rules imposed by the HOA to be overly restrictive or inconsistent with the governing documents or applicable law. For example, pet policies or parking regulations can be a frequent source of disputes.
Improper Fees or Assessments: If the HOA raises assessments or fees without following required procedures, or if homeowners believe required financial disclosures are not being provided, homeowners may challenge those actions through available dispute-resolution processes.

Legal Options for Disputes with the HOA Board

If you find yourself in a dispute with your HOA board, it’s important to understand the processes that may apply under California law and your association’s governing documents. Homeowners in Los Angeles may have several options, ranging from informal discussions to formal dispute-resolution procedures.

1. Review the Governing Documents

Before taking any action, it's important to review your HOA’s governing documents, such as the Articles of Incorporation, the Declaration of Covenants, Conditions & Restrictions (CC&Rs), and the HOA’s Rules and Regulations. These documents outline the rights and responsibilities of both the HOA board and homeowners. Often, disputes arise when homeowners are unaware of these provisions or when the board interprets them differently.

2. Engage in Alternative Dispute Resolution (ADR)

California law encourages alternative dispute resolution (ADR) for many HOA-related disputes. ADR methods such as mediation or arbitration can be an effective way to resolve conflicts without resorting to litigation. In many disputes covered by the Davis-Stirling Act, the parties are generally required to attempt ADR before filing certain types of lawsuits, subject to statutory exceptions and specific procedural requirements. A mediator can help the parties explore potential resolutions in a more collaborative and cost-effective setting.

3. File a Lawsuit Against the HOA Board

If alternative dispute resolution methods fail, homeowners may consider legal action. Litigation is a serious step, but it may be considered in situations involving significant disputes, alleged violations of governing documents, or alleged noncompliance with applicable law. Depending on the circumstances, claims may involve issues such as enforcement of the CC&Rs, alleged breaches of fiduciary duty, disputes regarding maintenance obligations, or challenges to certain HOA actions.

4. Small Claims Court

For disputes involving smaller amounts of money, homeowners may consider small claims court. In California, small claims limits depend on the type of party and can change over time (for example, for many individuals, the current limit is higher than $10,000). Small claims court can be a more streamlined option for certain monetary disputes, and attorneys generally are not permitted to represent parties at the hearing.

5. Seek Legal Assistance from an HOA Attorney

Navigating an HOA dispute can be complex, especially when it involves legal documents, procedural requirements, or significant financial implications. Some homeowners choose to consult an attorney to better understand applicable laws, evaluate potential claims or defenses, and navigate dispute-resolution processes such as ADR or court proceedings.

HOA Legal Compliance in Los Angeles

HOA boards are required to comply with the governing documents and the laws that apply to homeowners associations in California. Compliance with the Davis-Stirling Act is important, and alleged violations may lead to disputes and, in some cases, legal claims. Homeowners should be aware that if the board is not acting in compliance with applicable requirements, there may be remedies available, depending on the specific facts.
Furthermore, HOA boards must comply with applicable fair housing laws. For example, when a resident requests a reasonable accommodation due to a disability, the HOA generally must engage in an interactive process and consider the request consistent with federal and California law; whether a particular request is reasonable can depend on the circumstances. Discriminatory enforcement of rules (such as based on race, religion, or disability) can create legal exposure for an HOA.

Resolving HOA Disputes Effectively

When you face an HOA dispute, it may help to approach the situation thoughtfully and proactively. Many issues can be addressed by communicating directly with the board and using any internal dispute-resolution process the association provides. If that doesn’t resolve the issue, mediation or other ADR may be appropriate. In some situations, court proceedings may be considered, depending on the nature of the dispute and the requirements of the Davis-Stirling Act.