Key Takeaways

- Homeowners may be able to bring legal claims against their HOA for violations of covenants, conditions, and restrictions (CC&Rs), including when rules are enforced inconsistently or without following required procedures.

- HOA fines and penalties may be challenged, particularly where an association does not follow required notice and hearing procedures or acts outside its governing documents.

- Alleged negligence or mismanagement by an HOA, such as failing to maintain common areas or address known safety hazards, can lead to legal claims depending on the facts and applicable duties.

- Special assessments, if not properly implemented under the governing documents and the Davis-Stirling Common Interest Development Act, may be subject to challenge.

- Discriminatory practices by an HOA, such as unequal treatment based on protected characteristics, are unlawful and may result in legal action.

Homeowners in California often find themselves at odds with their Homeowners Associations (HOA). While HOAs are meant to maintain community standards and protect property values, disagreements can sometimes escalate into legal disputes.

Homeowners facing issues like violation notices, fines, and alleged negligence may consider legal action. In California, the Davis-Stirling Common Interest Development Act and other state and federal laws provide various protections for homeowners and set procedural requirements for community associations.

This article provides general information about common HOA-related disputes in California.

What Are the Top Reasons Homeowners Sue Their HOA in California?

Homeowners in California may sue their HOA for a variety of reasons, including alleged mismanagement, noncompliance with governing documents, or unfair practices. Below, we explore common issues that lead to legal action.

1. Violation of Covenants, Conditions, and Restrictions (CC&Rs)

The CC&Rs are the rules and regulations that every homeowner in a community must follow. When the HOA enforces these rules inconsistently, unfairly, or without following required procedures, homeowners may have grounds for legal action. For example, if an HOA imposes fines for minor violations while ignoring larger infractions, it may lead to a dispute. Depending on the circumstances, homeowners may pursue claims such as breach of contract or seek court orders related to enforcement if the association fails to follow its own CC&Rs or applies them in an arbitrary manner.

2. Unlawful Fines and Penalties

Receiving a violation from your association can feel frustrating, especially if you believe the fine is unjust. In California, HOAs must follow statutory and due process requirements before imposing discipline (including monetary penalties), such as providing notice and an opportunity for a hearing. Homeowners may have the right to challenge fines they believe were imposed without proper notice, hearing, or authority under the governing documents. For example, an HOA might fine a homeowner for a yard violation without providing the notice and hearing required by law or the governing documents.

3. Negligence by the HOA Board

HOA boards are generally responsible for maintaining the common areas of a community and carrying out the association’s obligations under its governing documents. When an association fails to address maintenance issues or known safety hazards, it may face claims depending on the facts, including what the association knew (or should have known) and what it did in response. For instance, if a damaged sidewalk causes a resident to trip and suffer injuries, the association may face a claim if it did not take reasonable steps to address the condition.

4. Failure to Maintain Common Areas

If your HOA fails to maintain the community’s shared spaces, such as roads, parks, or amenities, it could affect property values and the quality of life for homeowners. When maintenance is neglected, homeowners may pursue claims alleging the association did not meet its obligations under the governing documents or applicable law. The remedies sought and whether damages are available can depend on the nature of the harm and the specific legal claims asserted.

5. Improper or Unlawful Special Assessments

Special assessments are additional fees that homeowners may be required to pay for major repairs or improvements to community property. In California, special assessments are subject to statutory requirements and any procedures in the governing documents, and some special assessments may require member approval unless an exception applies. If the HOA fails to follow the proper process or acts outside its authority, homeowners may challenge the assessment.

6. Emotional Distress and Harassment

In some cases, homeowners report emotional distress related to HOA conduct. Claims involving emotional distress or harassment can be fact-specific and may be difficult to prove, and not every dispute will support such a claim. Allegations may include repeated communications, alleged selective enforcement, or other conduct that a homeowner contends was unreasonable.

7. Improper Enforcement of Rules and Regulations

HOAs are expected to enforce community rules fairly and consistently and to follow the procedures required by law and the governing documents. However, when an HOA selectively enforces rules or when enforcement is overly dedicated, it can lead to disputes. For example, an HOA might target one homeowner for violating a rule while ignoring similar violations by others. Homeowners may challenge alleged unfair enforcement practices through applicable dispute resolution procedures or in court.

8. Failure to Provide Access to Association Records

California law requires HOAs to provide homeowners with access to certain association records, subject to statutory limits and procedures. If an HOA refuses to produce records such as specified financial documents, meeting minutes, or other items defined as “association records,” homeowners may seek enforcement of their inspection rights and, in some cases, statutory remedies.

9. Property Manager Mismanagement

If a property manager retained by the HOA is alleged to have mismanaged association finances or maintenance obligations, disputes may arise. Property managers typically act as agents of the association under a management agreement, and claims are often pursued against the association (and sometimes the manager, depending on the circumstances and legal theories asserted). Liability and available remedies depend on the facts and applicable law.

10. Discrimination or Unfair Treatment

In California, discrimination in housing based on protected characteristics is unlawful under state and federal fair housing laws. If an HOA engages in discriminatory practices—such as applying rules differently based on a protected characteristic—affected homeowners may pursue legal remedies. These cases often involve fact-intensive inquiries and may implicate the Fair Employment and Housing Act and the federal Fair Housing Act.

Legal Steps for Suing Your HOA

If you’re considering legal action against your HOA, it may be important to understand available dispute resolution options. The Davis-Stirling Act includes an “internal dispute resolution” (IDR) process and, for many types of civil actions (often those related to enforcement of governing documents), generally requires an offer of alternative dispute resolution (ADR), such as mediation, before filing in court (with certain exceptions, including most small claims matters). In California, HOA disputes may be filed in small claims court or superior court depending on the type of claim and the amount at issue.

Additional Information

HOA disputes can be challenging and fact-specific, and the applicable rules may come from the governing documents, the Davis-Stirling Act, and other state and federal laws. This article is for general educational purposes and is not legal advice.