Assessment Collection & Late Fees
Challenge improper assessment increases, excessive late fees, collection practices, and lien procedures under Civil Code 5600-5740.
CC&R Enforcement & Selective Enforcement
Address selective enforcement, arbitrary rule application, and discriminatory CC&R enforcement under Civil Code 5975.
Common Area Maintenance Failures
Demand repairs for neglected common areas, structural issues, and HOA failure to maintain property under fiduciary duties.
Board Election Violations
Challenge improper election procedures, secret ballots, inspector requirements, and voting rights under Civil Code 4041.
Fair Housing & Discrimination
Address housing discrimination, reasonable accommodation denials, and fair housing violations by HOAs.
Architectural Committee Disputes
Challenge arbitrary architectural decisions, unreasonable delays, and improper modification denials.
Challenging HOA Fines
Dispute improper fines, inadequate notice, hearing rights violations, and excessive penalty amounts.
Records Request Demands
Enforce your right to inspect HOA records, financial documents, and meeting minutes under Civil Code 4225.
Davis-Stirling Common Interest Development Act
The Davis-Stirling Common Interest Development Act (California Civil Code Sections 4000-6150) is the primary statute governing homeowner associations and condominium associations in California. This comprehensive law establishes the rights and responsibilities of both HOAs and their members, covering everything from governance and elections to assessments and dispute resolution.
Key California Statutes
Civil Code 5600-5740
Assessment collection procedures, late fee limits (no more than $10 or 10%), lien requirements, and payment plan rights for delinquent owners.
Civil Code 5975
Enforcement of governing documents. HOA must follow reasonable procedures and cannot enforce rules in an arbitrary or discriminatory manner.
Civil Code 4041
Election requirements including secret ballots, independent inspectors, and proper notice. Violations can void election results.
Civil Code 4225
Member rights to inspect and copy HOA records within 10 business days. Specific records must be made available upon request.
Civil Code 5100-5145
Detailed election and voting rules, including candidate qualifications, nomination procedures, and ballot counting requirements.
Civil Code 4910-4955
Dispute resolution procedures including internal dispute resolution (IDR) and ADR requirements before filing lawsuits.
Common HOA Dispute Categories
- Assessment Disputes: Improper increases, excessive late fees, wrongful liens, and collection harassment
- CC&R Enforcement: Selective enforcement, arbitrary rules, and discriminatory application of restrictions
- Maintenance Issues: Failure to maintain common areas, deferred maintenance, and repair disputes
- Election Irregularities: Ballot tampering, improper procedures, and denial of voting rights
- Discrimination: Fair housing violations, accommodation denials, and familial status discrimination
- Architectural Disputes: Unreasonable denials, delayed decisions, and inconsistent standards
Two-Sided Coverage
Each page in this hub addresses both perspectives:
For Homeowners (Senders)
- Evidence checklists for documenting HOA violations
- Sample demand letter language citing Davis-Stirling provisions
- ADR and IDR process guidance
- Damages calculations and fee recovery options
- Escalation procedures to regulatory agencies
For HOA Boards & Management (Recipients)
- Common defenses to homeowner claims
- Response letter templates
- Best practices for avoiding liability
- Documentation requirements for enforcement actions
- Insurance and indemnification considerations
Need Help With an HOA Dispute?
I personally handle California HOA and condominium disputes—whether you're a homeowner challenging the board or an association responding to claims. Demand letters start at $450.