Key Takeaways

- Understanding your rights as a homeowner and the governing documents of your HOA is often an important part of addressing disputes.

- HOA disputes over fees, assessments, and rule enforcement may sometimes be resolved through informal discussion, internal dispute resolution, or with the help of an attorney.

- Legal options may be considered if an HOA board or management does not follow governing documents or applicable California law, which can create practical or financial impacts for homeowners.

- Homeowners may speak with an attorney about potential violations of statutory rights, such as access to certain HOA records or compliance with open meeting requirements.

- Speaking with an attorney early in a dispute may help homeowners understand available procedures and avoid misunderstandings that can prolong conflicts.

Navigating the complexities of homeowner associations (HOAs) in California can be overwhelming. Whether it’s a disagreement with the board, confusion about fees, or concerns about community rules, knowing when to contact an HOA attorney can make a significant difference in understanding your options. This article is for general educational information about California HOA issues and is not legal advice.

Understanding Your Rights as a Homeowner

California’s homeowner association laws are designed to balance the interests of homeowners with the responsibilities of HOA boards. However, conflicts can arise between residents and the association over various issues, such as HOA fees, rules enforcement, or board decisions. Understanding these laws, including the Davis-Stirling Common Interest Development Act and related statutes, can be helpful in evaluating next steps.

For instance, the Declaration of Covenants, Conditions, and Restrictions (CC&Rs), along with the HOA Bylaws and Articles of Incorporation, are key documents that govern your community. When there’s a dispute about how these documents are being applied—such as property maintenance responsibilities, rules enforcement, or late charges—some homeowners consider seeking legal guidance.

If you’re unsure of the legal language or how statutory requirements apply to a specific situation, speaking with an HOA attorney can help clarify the issues. An attorney can also explain dispute resolution options, which may include internal dispute resolution (IDR), alternative dispute resolution (ADR), or court processes depending on the circumstances.

Common Reasons to Contact an HOA Attorney

1. Disputes Over HOA Fees or Assessments

HOAs are responsible for collecting assessments to maintain common areas and operate the association. However, homeowners may find themselves in disputes with the HOA regarding charges, particularly when they believe amounts were calculated incorrectly or were not properly noticed or approved. An HOA attorney can help homeowners review their governing documents and consider whether the association appears to be following applicable California requirements.

In some situations, homeowners question whether fines or charges were imposed without following required procedures (such as notice and an opportunity for a hearing). An attorney can help evaluate the process the HOA used and discuss potential next steps.

2. Enforcement of HOA Rules and Regulations

HOAs generally have authority under their governing documents to enforce community standards, but enforcement typically must follow the association’s procedures and comply with applicable California law. When homeowners feel they are being treated differently than others or that rules are being enforced in a way that is inconsistent with the governing documents, a legal professional can help assess the situation. This can include issues like alterations to the property, noise complaints, or architectural/aesthetic enforcement. If there are concerns the HOA is not following the Davis-Stirling Act, an HOA attorney can explain what the law requires.                                                         

A homeowner’s ability to modify their property—such as installing a fence or changing landscaping—may be restricted by the CC&Rs and architectural standards. If an HOA denies a request, homeowners may want to review the stated reasons, the standards being applied, and whether the HOA followed its procedures.

3. Disagreements with Board Members or the Management Company

HOA board members are responsible for making decisions on behalf of the community, but when disagreements arise about board actions or decisions, homeowners may have questions about what the governing documents and California law require. This could involve issues like alleged failure to maintain common areas, concerns about transparency, or compliance with meeting and notice requirements. If attempts to resolve the issue through the association’s internal processes (such as IDR) are not successful, some homeowners consider speaking with an attorney.

Sometimes, conflicts between homeowners and HOA boards or management companies escalate to the point where informal resolution isn’t working. When board actions appear inconsistent with the governing documents, an attorney can review the situation and explain potential options.

4. Legal Action for Breach of Contract or Negligence

In some cases, a dispute may involve alleged failure to follow the governing documents or to maintain common areas as required. When the association’s actions—or lack of action—are claimed to be causing harm or financial loss, homeowners may explore whether legal remedies are available. This could involve allegations related to the governing documents, the Davis-Stirling Act, or other applicable California law. In some situations, legal action is one potential option.

When a management company or HOA board is alleged to have neglected responsibilities—such as delaying repairs to common area components or not following required procedures—an attorney can discuss possible dispute-resolution steps and, when appropriate, explain litigation-related considerations.

5. Violation of Homeowner Rights

Homeowners have specific rights under California law and their governing documents, including rights related to receiving certain notices, participating in elections, attending open board meetings (with limited exceptions), and inspecting certain association records. If a homeowner believes the HOA is not complying with these requirements—such as by restricting access to records that are required to be produced or not following open meeting rules—an HOA attorney can help evaluate the situation and discuss potential remedies.

Homeowners may have the right to inspect certain HOA records and to attend board meetings that are required to be open to the membership (subject to executive session exceptions). If a homeowner believes these rights are being improperly limited, an attorney can help explain the relevant requirements and available processes.

When Should You Contact an HOA Attorney in California?

Determining the right time to seek legal help depends on the situation. Here are common times when homeowners may consider speaking with an HOA attorney:

- When you receive a violation notice and you believe it was issued in error or without following required procedures.

- If you're facing disputes over HOA fees or assessments, particularly if the basis for the charges is unclear.

- When HOA rules appear to be enforced inconsistently, or when you believe enforcement is not aligned with the governing documents.

- If there’s a concern the HOA board is not following its governing documents or meeting certain legal requirements.

- When you believe statutory or governing-document rights may have been violated, such as rights related to meeting access, elections, or inspection of certain records.

An attorney can help evaluate whether the HOA appears to be acting within its authority and what procedures may apply.

How an HOA Attorney Can Help

An HOA attorney can be helpful in explaining rights and procedures and in assisting with dispute resolution. Here’s how an attorney may assist:

- Review and interpretation of governing documents: Helping evaluate how the CC&Rs, bylaws, rules, and applicable statutes may apply.

- Representation in disputes: Assisting with communications, negotiations, IDR/ADR, and—when appropriate—court proceedings.

- Providing legal advice: Explaining how California HOA law may apply to a homeowner’s specific facts, including dispute-resolution options.

A lawyer’s guidance may help homeowners better understand procedures and avoid preventable escalation of disputes.

Protect Your Home—Considering Legal Help

If you're facing an HOA dispute, it may be helpful to act promptly, review your governing documents, and keep records of communications and notices. Because HOA disputes can involve statutory procedures and deadlines, some homeowners consider speaking with a California attorney to better understand their options and the processes that may apply.