Navigating the legal landscape of Homeowners Associations (HOAs) in California can often feel overwhelming for homeowners, particularly when it comes to understanding rights, responsibilities, and legal protections.
Homeowners in Orange County, as well as the rest of California, may have legal options and remedies available when facing disputes or violations within their HOA. Whether it's addressing governance issues, disputes over property rights, or concerns about board decisions, homeowners benefit from understanding the protections that may apply.

Understanding HOA Governance in California

The governance of an HOA in California is grounded in the Davis-Stirling Common Interest Development Act (Davis-Stirling Act). This set of laws governs how HOAs operate in California, covering everything from board member responsibilities to dispute resolution mechanisms. The act is intended to help protect homeowners' rights while allowing the HOA to manage and maintain common areas in a community.
In addition to the Davis-Stirling Act, homeowners must also comply with the HOA's Covenants, Conditions, and Restrictions (CC&Rs). CC&Rs are typically recorded by the developer and may be amended over time as provided in the governing documents and applicable law. They are generally legally binding on the association and its members, but they must be consistent with California and federal law. If an HOA’s CC&Rs are found to be unlawful or discriminatory, homeowners may have grounds to challenge them.

Legal Protections and Remedies for Homeowners in California

California law offers several protections to homeowners within an HOA, and it also establishes procedures that may apply before a dispute is litigated. Some of these protections include:
Fair Housing Laws: HOAs must comply with both state and federal fair housing laws, such as the federal Fair Housing Act and California’s Fair Employment and Housing Act (FEHA). These laws generally prohibit housing discrimination based on protected characteristics, including race, color, national origin, religion, sex (including gender identity and sexual orientation), familial status, disability, and other protected categories under state law.
Dispute Resolution: California law includes requirements and incentives for alternative dispute resolution (ADR) in many HOA-related disputes. Mediation is commonly used, and arbitration may be available by agreement or in particular circumstances. For certain claims, the Davis-Stirling Act generally requires an offer of ADR before a lawsuit is filed.
Legal Remedies for Violations: If an HOA is alleged to be in violation of its obligations or to have overstepped its authority, a homeowner may be able to pursue available remedies, including court action, depending on the claim and after meeting any applicable procedural requirements (such as notice and ADR).
Special Assessments: If the HOA board proposes a special assessment to fund repairs or improvements, it must follow procedures laid out in California law and the governing documents, which may include notice and, in some cases, member approval thresholds. Homeowners may have options to dispute assessments that were not properly noticed or adopted.
Construction Defects and Property Damage: Depending on the facts, construction defect claims and certain property damage issues may be addressed under California statutes, governing documents, and other applicable legal standards. Questions can also arise about maintenance and repair responsibilities for common areas and separate interests.

HOA Board and Homeowner Rights

The relationship between homeowners and their HOA board is crucial in maintaining community harmony. The board of directors is responsible for enforcing rules, collecting assessments, and ensuring the community is well-maintained. The board also has legal duties to act within the scope of its authority and consistent with applicable fiduciary obligations.
If an HOA board is alleged to have violated its duties or made decisions that negatively affect homeowners—such as improper fines, discrimination, or failures related to dispute handling—homeowners may have options under the governing documents and California law. Depending on the situation, this may include internal dispute resolution, ADR, or court proceedings.
For homeowners facing issues with their HOA, understanding the legal framework that governs associations in California can help them evaluate next steps. Some homeowners also choose to consult an experienced Orange County HOA lawyer to better understand the processes that may apply.

Common HOA Disputes and How an Orange County HOA Lawyer Can Help

HOA disputes can arise in many forms. Some of the most common issues include:
Architectural Control Disputes: Homeowners often run into issues when attempting to make alterations to their property, like installing solar panels or constructing fences. The HOA may object or impose restrictions; in some circumstances, homeowners may challenge decisions that are inconsistent with the governing documents or California law.
Assessment Disputes: HOAs can impose special assessments for maintenance or capital improvements. If an assessment is alleged to be excessive, unfair, or not properly imposed, homeowners may consider available dispute-resolution procedures or other remedies.
Election Disputes: Disputes can arise during HOA elections, whether it's related to voting rights or board member eligibility. Homeowners may have recourse to address alleged violations of election requirements under the Davis-Stirling Act and the governing documents.
Neighbor Disputes: HOA rules often govern neighbor relations, from noise complaints to pet restrictions. If the HOA is alleged to have enforced its rules inconsistently or imposed penalties improperly, dispute-resolution procedures may be available.
Breach of CC&Rs: If an HOA enforces its CC&Rs in a discriminatory manner or outside its legal authority, homeowners may have potential remedies depending on the facts and applicable law.

What You Can Do If You’re Facing an HOA Dispute in Orange County

If you find yourself in a dispute with your HOA, it can be helpful to understand the governing documents and the dispute-resolution processes that may apply. Homeowners sometimes consult an experienced HOA attorney in Orange County, CA to better understand their situation. Depending on the matter, an HOA lawyer may:
Review the governing documents of the HOA
Explain how California law may apply to the situation
Describe alternative dispute resolution and litigation processes
Appear in court, if appropriate
Understanding the range of potential options can be important in evaluating how to address a dispute.

Get the Legal Support You Need

Disputes involving HOAs can involve overlapping issues under the Davis-Stirling Act, the association’s governing documents, and other areas of California law. This article is for general educational information only and is not legal advice. For advice about a specific situation, homeowners may consider consulting a qualified California attorney.