In the State of California, the purpose of a Homeowners Association (“HOA”) is to manage and maintain common interest developments (“CIDs”) in the association. Pursuant to Civil Code Section 4100, a CID is defined as a real property development in which owners share ownership or responsibility for common areas. Common interest developments may include condominiums, planned unit developments, and cooperatives.
As far as the legal framework that governs HOAs, the legal framework is primarily set forth in the Davis-Stirling Common Interest Development Act, which is codified in California Civil Code Sections 4000 through 6150. That Act outlines the formation, powers, duties, and governance of HOAs, ensuring that residential communities operate in an orderly and equitable manner.
Further, HOAs also serve as the administrative body responsible for enforcing the community’s Covenants, Conditions, and Restrictions (“CC&Rs”), by collecting assessments, maintaining common areas, and resolving disputes among members. Under Civil Code Section 4775, the HOA is also obligated to maintain, repair, and replace common areas unless otherwise stated in the governing documents.
HOAs are typically formed as nonprofit mutual benefit corporations under the California Corporations Code Section 7110. That Code and the following sections grant them corporate powers such as entering into contracts, adopting bylaws, and levying assessments.
As far as leadership, the HOA board of directors are elected by the membership, and are tasked with fiduciary duties to act in the best interest of the association and its members, as outlined in Civil Code Section 5800.
All in all, the purpose of an HOA in California is to preserve property values, promote community welfare, and ensure compliance with governing documents through a structured legal framework. However, HOA issues often can arise as a result of a HOA being present. In some cases, lawsuits against HOAs may even need to be filed.
What Are CC&Rs?
As noted above, CC&Rs stands for “Covenants, Conditions, and Restrictions,” which refer to the recorded rules and limitations that govern properties in a California common interest development.
These provisions are formalized in a Declaration document filed with the local county recorder and apply to all successive owners of the property. Under California Civil Code Section 5975, CC&Rs are enforceable as equitable servitudes and are legally presumed to be reasonable unless proven otherwise.
Once again, their core function is to promote consistency and preserve property values within the community. CC&Rs often cover matters such as exterior home alterations, landscaping guidelines, noise regulations, and parking controls. By regulating these and other issues, CC&Rs help maintain a cohesive and orderly environment for all residents.
They may also outline responsibilities for upkeep, delineate which party, the homeowner or HOA, is responsible for certain areas, and prescribe procedures for resolving disputes, including penalties for non-compliance.
Unlike bylaws, which focus on the operational aspects of the HOA, such as board elections and meeting protocols, CC&Rs are primarily concerned with land use and homeowner obligations. As the highest ranking set of rules among HOA documents, they typically require membership approval to amend and must be re-recorded to take effect.
Once they have been properly recorded, they provide constructive notice to all parties involved, meaning homeowners are legally presumed to be aware of them. Should you have any questions about CC&Rs, it is recommended to set up a lawyer consultation with a California lawyer experienced in CC&R laws.
Should I Buy a House With Covenants, Conditions, and Restrictions?
Purchasing a home governed by Covenants, Conditions, and Restrictions in California often means enjoying well maintained surroundings, shared amenities, and a cohesive neighborhood atmosphere.
Once again, these rules, enforced by a homeowners association, help preserve home values and minimize conflicts by setting clear standards for the community’s appearance and behavior. However, CC&Rs may also impose limits that affect your lifestyle, such as restrictions on renovations, pet ownership, or short-term rentals.
As such, it’s important to read these rules carefully before closing the deal to ensure they align with your future plans. If the terms feel too confining, then you might consider alternatives that offer more flexibility.
What Are HOAs Allowed and Not Allowed To Do?
As mentioned above, in California, homeowners associations are entrusted with broad oversight of common interest developments, but their actions are constrained by legal boundaries. Governed primarily by the Davis-Stirling Common Interest Development Act, HOAs must operate within both statutory mandates and their own internal documents, such as CC&Rs, bylaws, and rules.
Powers that are granted to HOAs in California include:
- Enforcing community standards set forth in governing documents, including design guidelines and property upkeep
- Levying dues and issuing fines for violations or late payments within authorized limits
- Handling repairs and maintenance for shared facilities and common infrastructure
- Regulating community elements like parking policies, landscape aesthetics, and exterior alterations
- Initiating foreclosure proceedings for delinquent assessments, following prescribed legal steps
- Entering homeowner property solely for required maintenance, and only when explicitly permitted by the rules
Restrictions that are placed on HOAs include:
- Engaging in any form of discrimination that violates civil rights laws, such as the Fair Housing Act or California’s housing protections
- Banning national flags, religious symbols, or certain personal signs, provided they adhere to size and placement guidelines
- Creating undue barriers to the use of solar panels, satellite equipment, or electric vehicle chargers
- Charging penalties or fees that exceed legal thresholds (e.g., maximum late fee of $10 or 10% of the assessment, whichever is greater)
- Infringing on personal privacy or accessing homes without appropriate warning, except during emergencies
- Prohibiting all short term rentals outright, though reasonable regulations may be implemented
Ultimately, HOAs are required to observe both legal standards and principles of fairness. They must also comply with all state and federal laws. It is important to review any HOA FAQs
as they may answer your questions. Homeowners retain rights to review records, attend meetings, and challenge improper actions. This ensures checks and balances within residential communities.
Can I Sue My Homeowners Association?
Homeowners in California are legally entitled to file a lawsuit against their homeowners association if the association engages in misconduct or breaches its contractual or fiduciary responsibilities.
Under the Davis-Stirling Common Interest Development Act, residents may pursue legal action when the HOA neglects required maintenance, mishandles finances, or enforces rules inconsistently. Violations of the community’s CC&Rs may also amount to a breach of contract and serve as grounds for litigation.
You may also need to sue your HOA for foreclosure. As far as how to stop an HOA foreclosure in California, the key is resolving the outstanding debt before the sale takes place. This typically involves paying all overdue assessments, along with any accrued fees, interest, and legal costs.
You might also explore negotiating a settlement or entering a repayment agreement with the homeowners association. Another path to consider is initiating Alternative Dispute Resolution as outlined in Civil Code Section 5900.
Before heading to court, homeowners are expected to attempt resolution through methods such as record requests, internal hearings, or mediation. In many situations, California Civil Code Section 5900 et seq. requires parties to engage in Alternative Dispute Resolution before filing a civil complaint.
If those efforts fail or the HOA refuses to participate, a homeowner may proceed with legal proceedings, either through small claims court for lesser damages or superior court for complex cases that involve more significant harm or ongoing violations.
Where Do I File a Complaint Against an HOA in California?
If you need to file a complaint against a homeowners association in California, you should start by using the HOA’s internal dispute resolution process, as required under the Davis-Stirling Act. If that doesn’t resolve the issue, then you may pursue Alternative Dispute Resolution or take legal action in small claims or superior court, depending on the nature of the dispute.
For cases involving discrimination or harassment, you can file with the California Civil Rights Department or the United States Department of Housing and Urban Development. They will then investigate the issue and may take action on your behalf.
How Much Does It Cost To Sue Your HOA in California?
In short, it depends on how you choose to proceed and the nature of your complaint. Small claims cases are relatively affordable, often ranging from $30 to $75 to file, with modest additional fees for serving paperwork.
If your claim involves larger damages or complex legal issues, pursuing action in superior court with legal representation could mean paying an attorney their legal fees, often hundreds per hour, plus court and expert-related costs.
What Kind of Lawyer Do I Need To Sue My HOA in California?
In order to sue your HOA in California, you’ll typically need a California real estate lawyer who understands property law and the Davis-Stirling Act that governs homeowners associations. These attorneys can help you navigate disputes involving CC&Rs, fiduciary duties, or improper enforcement of rules.
LegalMatch can assist you in setting up a consultation with an experienced real estate attorney near you, making it easier to find someone familiar with HOA litigation. An attorney can advise you of your best course of legal action, and even file a private lawsuit on your behalf. They can also represent you in court, as needed.
