NATIONWIDE - AUGUST 2025 - (USAnews.com) — In California, homeowners’ associations (HOAs) play a vital role in maintaining community standards and ensuring the smooth operation of residential developments, especially in condominiums and planned unit developments. These organizations enforce rules, collect dues, and manage shared spaces. However, the relationship between individual homeowners and their HOA is not always harmonious. Disputes can arise for a variety of reasons, and understanding the legal framework governing these conflicts is crucial for both parties.
This article explores the most common causes of disputes between homeowners and HOAs in California and outlines the legal remedies available for resolution.
Common Causes of HOA Disputes
Rule Enforcement and Violations
One of the most frequent sources of conflict is the enforcement of community rules and restrictions, which are typically outlined in the Covenants, Conditions, and Restrictions (CC&Rs). Homeowners may dispute violations they’ve been cited for, especially if the rules are vague, inconsistently enforced, or perceived as unfair. Common issues include landscaping guidelines, noise complaints, parking violations, or modifications to the exterior of a property.Assessment Disputes
HOAs are responsible for collecting regular dues to cover maintenance, insurance, and other community expenses. Occasionally, special assessments may be levied for unexpected repairs or capital improvements. Disputes arise when homeowners believe the assessment is excessive, improperly calculated, or was imposed without proper notice or vote.Mismanagement or Lack of Transparency
Homeowners may suspect that the HOA board is mismanaging funds, engaging in favoritism, or failing to act in the community’s best interest. A lack of transparency in financial records, meeting minutes, and decision-making processes often fuels these concerns.Architectural Approvals and Modifications
Most HOAs require homeowners to obtain approval before making modifications to their property. Delays, denials, or unclear guidelines can result in friction. Homeowners might claim that the board is overstepping its authority or denying reasonable requests without justification.Discrimination and Harassment
In more serious cases, homeowners may allege that they are being harassed or discriminated against by the HOA board or its representatives. These claims can lead to legal action, especially if they involve protected classes under federal or state fair housing laws.
Legal Framework Governing HOAs in California
HOAs in California are primarily governed by the Davis-Stirling Common Interest Development Act, which lays out the rights and responsibilities of both HOAs and homeowners. This statute covers everything from board elections and meeting protocols to the enforcement of CC&Rs and assessment collection.
California Civil Code also grants homeowners specific rights, such as the right to access certain HOA records, attend open board meetings, and participate in fair elections.
When disputes escalate, several legal options are available to homeowners:
Legal Avenues for Resolution
Internal Dispute Resolution (IDR)
Before going to court, HOAs are required by law to offer homeowners an opportunity for internal dispute resolution. This informal process allows both parties to meet and attempt to resolve the issue without legal intervention.Alternative Dispute Resolution (ADR)
If IDR fails, parties may proceed to mediation or arbitration. California law mandates that certain HOA disputes—such as those involving CC&R enforcement—undergo ADR before litigation can be initiated. Mediation, in particular, offers a less adversarial and more cost-effective route.Civil Litigation
When informal methods do not resolve the issue, either party may file a lawsuit. Litigation is typically reserved for more complex or serious disputes, such as those involving discrimination, embezzlement, or major contractual disagreements. Homeowners may sue for injunctive relief, damages, or both.Department of Fair Employment and Housing (DFEH)
For discrimination or harassment claims, homeowners can file a complaint with California’s DFEH. The department investigates and may pursue enforcement if a violation of fair housing laws is found.
Staying Informed and Proactive
Homeowners and HOA boards alike benefit from being informed about their rights and obligations. Regularly reviewing governing documents, attending meetings, and maintaining open lines of communication can prevent many disputes from escalating. Moreover, consulting with a legal professional can help both sides navigate the complexities of HOA governance.
This article is intended for informational purposes only and does not constitute legal advice. For specific legal advice regarding HOA disputes, it is recommended that homeowners consult with an attorney.
For a deeper understanding of why legal representation is essential in these matters, read more using this resource.
