Key Takeaways

- HOAs in California have legal authority over property aesthetics and upkeep, but that authority is limited by their governing documents and applicable law.

- The California Civil Code (including the Davis-Stirling Common Interest Development Act) and fair housing laws provide protections against certain unreasonable or unlawful HOA rules, including discriminatory rules and some privacy-related concerns.

- HOAs must follow statutory procedures and their governing documents when levying assessments and imposing discipline (including fines), and those actions may be disputed if they are not properly authorized or are applied unfairly.

- Homeowners can challenge HOA overreach through applicable dispute-resolution processes and, in some circumstances, court proceedings.

- Consulting an experienced California HOA attorney may be helpful when evaluating potential disputes and the options available under the governing documents and applicable law.

Homeowners’ Associations (HOAs) play an important role in governing common interest developments in California. However, while their powers are broad, they aren’t unlimited.

Homeowners in California are protected by legal frameworks that are intended to help limit HOA actions that exceed the association’s authority or violate applicable law. If you're facing challenges with your HOA, it can be helpful to understand the boundaries of HOA authority and the legal rules that may apply.

This article discusses the legal limits of HOA power in California.

Understanding HOA Overreach: What’s Legal, What’s Not?

In California, HOA authority generally comes from the association’s governing documents (such as the CC&Rs, bylaws, and rules) and from statutes that apply to common interest developments, including the Davis-Stirling Common Interest Development Act (California Civil Code § 4000 et seq.). These laws and documents outline what HOAs can and cannot do when managing a community.

Typically, an association has authority to adopt and enforce rules related to property appearance, maintenance obligations, and use restrictions, as long as those rules are within the HOA’s authority and are consistent with applicable law. However, that authority has limits.

While an HOA may regulate many aspects of community living (such as landscaping standards and use of common areas), it generally cannot violate state or federal law, exceed the authority granted by the governing documents, or act in a manner that a court could find unreasonable under the circumstances.

What Are the Legal Limits of HOA Power in California?

The legal framework governing HOAs is rooted in California statutes (including the California Civil Code) and the association’s governing documents. Specific laws are designed to help ensure that homeowners' rights are respected. Here are a few key areas in which HOA power is limited:

1. Non-Discrimination: HOAs cannot enforce rules or take actions that unlawfully discriminate against individuals based on protected characteristics under federal and California fair housing laws.

2. Privacy Rights: HOAs generally must respect privacy rights and comply with applicable law and the governing documents when conducting inspections, requesting access, or using surveillance in common areas. The scope of any inspection or access rights may depend on the circumstances and the controlling documents.

3. Modifications to Property: While HOAs can regulate exterior and architectural changes in common interest developments, California law generally requires architectural decisions to be made in good faith and in a reasonable manner. In addition, a homeowner may have rights to request a reasonable accommodation or reasonable modification related to a disability under fair housing laws (which can include modifications needed for access).

4. Assessments and Fees: Assessments must be levied and collected in accordance with the Davis-Stirling Act, other applicable law, and the association’s governing documents. Disciplinary fines are also subject to statutory due-process requirements (including notice and an opportunity to be heard) and are commonly addressed through a published fine schedule. Whether a particular assessment or fine is authorized or enforceable may depend on the facts and the governing documents.

5. Restrictions on Personal Use: HOAs may impose use restrictions through the governing documents and properly adopted rules, but restrictions may be subject to challenge if they conflict with applicable law or are found unenforceable under the circumstances.

6. Enforcement of Rules: HOAs are generally expected to follow their own enforcement procedures and applicable statutes, and to apply rules in a non-arbitrary manner. Selective or inconsistent enforcement can be a factor in some disputes.

California Civil Code: Your Legal Protection Against HOA Overreach

California’s Civil Code includes the Davis-Stirling Common Interest Development Act (Civil Code § 4000 et seq.), which establishes many of the core requirements that govern how HOAs operate, including rulemaking, elections, assessments, records, and enforcement procedures.

If you believe your HOA is acting outside its authority, it may be helpful to review the governing documents and the statutes that apply to common interest developments. Some homeowners also choose to consult with an attorney to better understand how the Civil Code and other laws may apply to issues such as assessments, enforcement actions, fair housing concerns, or privacy-related disputes.

How LS Carlson Law Can Help

LS Carlson Law handles HOA-related matters involving California common interest developments. Depending on the circumstances, this can include assisting with interpretation of governing documents, dispute resolution, and litigation involving issues such as rule enforcement, assessments, and compliance with statutory procedures.

The Importance of Legal Counsel for HOA Disputes

HOA disputes can be stressful, especially when the association’s actions seem unjust or unlawful. Homeowners may have procedural and substantive rights under the governing documents and California law, including the Davis-Stirling Act.

In some situations, an attorney can assist a homeowner in understanding the relevant documents and legal standards, and in evaluating dispute-resolution options (which may include internal dispute resolution or alternative dispute resolution, depending on the issue) and potential court proceedings.

Protect Your Rights and Take Action

If you believe your HOA has exceeded its legal boundaries or infringed upon your rights as a homeowner, it may be helpful to document the issue, review the governing documents, and consider the dispute-resolution procedures that may apply under the Davis-Stirling Act and the association’s policies. Some disputes can be addressed through internal dispute resolution or alternative dispute resolution before any court filing, depending on the claim.