Key Takeaways

- Homeowners in California HOAs are protected by laws that may include the federal Fair Housing Act and California’s Fair Employment and Housing Act (FEHA), as well as the Davis-Stirling Common Interest Development Act, which provide important protections relating to fair treatment and governance.

- California law includes specific requirements for HOA assessments, rule enforcement, meetings, records, and dispute resolution processes.

- Homeowners may be able to challenge rules, fees, and restrictions enforced by the HOA, particularly when they conflict with governing documents or applicable law.

- If an HOA fails to comply with legal obligations or applicable standards, homeowners may have legal remedies available, depending on the facts.

- California Civil Code provisions (including the Davis-Stirling Act) provide procedures for dispute resolution and, in some situations, litigation.

Owning a home in a California Homeowners Association (HOA) can offer a sense of community and shared responsibility, but it also brings with it certain rights and obligations. Navigating the rules of your HOA and understanding the legal protections available to you is essential for protecting your property and peace of mind. Whether you're dealing with a dispute over HOA fees, rules and regulations, or property damage, it's helpful to understand how California law generally applies in common interest developments.

What Are My Rights as a Homeowner in a California HOA?

As a homeowner in a California HOA, your rights are shaped by both state and federal law (where applicable) and the governing documents of your HOA. Here are some of the key rights that you, as a homeowner, should be aware of:

1. Right to Fair and Equal Treatment

Under the federal Fair Housing Act and California’s Fair Employment and Housing Act (FEHA), homeowners and residents are entitled to protections against housing discrimination based on protected characteristics. In HOA settings, these laws may apply to matters such as rule enforcement, access to common areas, and requests for reasonable accommodations.

2. Right to Participate in Governance

You have the right to participate in your HOA’s governance. This includes attending meetings (subject to statutory requirements and certain exceptions), voting on important issues, and running for a position on the HOA Board. You may also have rights to inspect and copy certain association records, subject to statutory procedures and exceptions. Governing documents like the Declaration of Covenants, Conditions, and Restrictions (CC&Rs) are recorded documents, and associations are also required to provide specific disclosures and records in certain circumstances under California law.

3. Right to Challenge Rules and Regulations

Your HOA is allowed to enforce rules and regulations within your community, but rules must be consistent with the governing documents and applicable law, including the Davis-Stirling Act. If a rule is alleged to be unreasonable or inconsistent with state law or the governing documents, there may be procedures to challenge it.

4. Right to Dispute Resolution

In the event of a disagreement, you are entitled to dispute resolution. The Davis-Stirling Act provides for internal dispute resolution (IDR) and, for many types of disputes (particularly those involving enforcement of the governing documents), requires an attempt at alternative dispute resolution (ADR) before a civil lawsuit is filed, subject to statutory exceptions. Depending on the circumstances, some disputes may also be addressed in small claims court.

5. Right to Fair Assessments and Fees

Your HOA cannot increase regular assessments or impose special assessments in ways that exceed statutory limits without the required member approval. California law includes notice, budgeting, and approval requirements, and there are statutory caps in many situations (for example, limits on regular and special assessment increases unless the membership approves a higher amount). If you believe an assessment was imposed without required procedures, there may be options to raise the issue through HOA processes or other legal avenues.

6. Right to Protect Your Property

HOAs can impose restrictions on the appearance or use of property, such as rules about exterior changes, landscaping, or use of common areas, particularly where the governing documents require architectural review. These rules generally must be applied in a fair and non-discriminatory manner and must comply with California law.

When Can You Sue Your HOA?

Although HOAs have the authority to enforce rules and make decisions affecting homeowners, they are also bound by specific legal requirements. If an HOA fails to comply with its own governing documents, violates applicable law, or engages in conduct that causes harm, a homeowner may have legal remedies available depending on the facts.

1. Breach of Fiduciary Duty

HOA directors generally owe fiduciary duties to the association and must act in a manner they believe to be in the best interests of the association. In some situations, disputes may arise regarding alleged mismanagement, misuse of funds, or failure to follow required procedures. Potential claims and who may be named as a defendant can depend on the specific facts and legal standards.

2. Failure to Follow the Governing Documents

If the HOA is not following its Covenants, Conditions, and Restrictions (CC&Rs) or its Bylaws, homeowners may have grounds to pursue enforcement through available procedures. Whether and how a particular decision can be challenged depends on the governing documents, the Davis-Stirling Act, and the circumstances.

3. Property Damage or Nuisance

If an HOA’s actions or alleged failure to maintain areas it is responsible for contributes to property damage, a homeowner may have potential claims depending on the governing documents, maintenance obligations, and the facts. Nuisance issues can also involve fact-specific questions about responsibility and available remedies.

4. Unlawful Restrictions

HOAs cannot adopt or enforce rules that are discriminatory or otherwise unlawful. California law also limits an HOA’s ability to prohibit or unreasonably restrict certain improvements in specific contexts (for example, there are statutory protections relating to solar energy systems and certain water-efficient landscaping).

5. Noncompliance with State Laws

HOAs are required to comply with California law, including the Davis-Stirling Act and other applicable statutes. When an association does not follow required procedures—such as those relating to elections, meetings, assessments, records, or enforcement—there may be statutory remedies, depending on the situation.

Legal Protections Available to Homeowners in California

California offers a variety of legal protections to homeowners, and many HOA-related requirements are found in the California Civil Code, including the Davis-Stirling Act.

The Civil Code includes requirements that may apply to HOAs, such as:

- Holding open board meetings in many circumstances (with limited executive-session exceptions) and providing required notices.

- Making certain association records available for inspection and copying, subject to statutory procedures and exceptions.

- Following required procedures for rule adoption and enforcement.

- Providing members notice and an opportunity to be heard before certain disciplinary actions (such as monetary penalties) are imposed.

Additionally, many HOAs are organized as nonprofit mutual benefit corporations and are also governed by the California Nonprofit Mutual Benefit Corporation Law.

Dispute Resolution and Legal Action

Should a dispute arise between you and the HOA, the first step is often informal resolution, such as addressing the issue at a board meeting or using the HOA’s internal processes. Depending on the type of dispute, the Davis-Stirling Act may require internal dispute resolution (IDR) and/or an attempt at alternative dispute resolution (ADR) before certain civil lawsuits are filed, subject to statutory exceptions.

If you're facing an issue that you feel requires legal intervention, some homeowners choose to consult a California attorney about the facts of their situation and the procedures that may apply.

Protect Your Rights with Legal Information

As a homeowner in a California HOA, you have important rights and responsibilities. Understanding the Davis-Stirling Act, your governing documents, and the HOA’s required procedures can help you evaluate options for addressing disputes involving rules, assessments, maintenance, or governance.

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