📋 What is an HOA Dispute?

HOA disputes arise when homeowners associations overstep their authority, selectively enforce rules, improperly levy fines, deny architectural requests without proper basis, fail to maintain common areas, or refuse to provide records. Under California's Davis-Stirling Common Interest Development Act (Civil Code sections 4000-6150), homeowners have powerful rights to challenge HOA misconduct and recover damages, including attorney fees.

When to Use This Guide

Use this guide if your California HOA has:

💰 Improper Fines/Assessments

Fines without proper notice, hearing opportunity, or basis in CC&Rs

⚖ Selective Enforcement

Enforcing rules against you but not similarly-situated neighbors

🏗 Architectural Denials

Denying reasonable modifications without proper standards or process

🔒 Records Access Denied

Refusing to provide association records you have a right to inspect

🚧 Failure to Maintain

Neglecting common area maintenance while collecting assessments

📝 CC&R Violations

HOA acting outside the scope of the governing documents

👍 What You Can Recover in HOA Disputes

  • Fine reversal - Removal of improperly levied fines from your account
  • Actual damages - Out-of-pocket costs caused by HOA misconduct
  • Injunctive relief - Court order requiring HOA to act or stop acting
  • Civil penalties - Up to $500/day for records access violations
  • Attorney fees - Prevailing party recovery under Davis-Stirling

Common HOA Dispute Issues

💰 Assessment & Fine Disputes

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HOAs must follow strict procedures before imposing fines: written notice specifying the violation, at least 10 days to cure, and opportunity for a hearing before the board. Special assessments require member approval in most cases. Regular assessment increases above 20% require member vote. If the HOA skipped any required step, the fine or assessment may be invalid.

⚖ Selective Enforcement

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If the HOA enforces a rule against you but ignores the same violation by neighbors, you have a selective enforcement defense. Document other homes with the same "violation" using photos with timestamps. California courts have held that arbitrary or discriminatory enforcement is not permitted, even if the underlying rule is valid.

🏗 Architectural Committee Abuse

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Architectural committees must apply objective, written standards consistently. They cannot deny requests arbitrarily or based on personal preferences. If denied, you are entitled to a written explanation citing specific CC&R provisions. Solar panels, EV chargers, drought-tolerant landscaping, and disability accommodations have special protections under California law.

🔒 Access to Association Records

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Under Civil Code 5200-5240, members have broad rights to inspect HOA records including financial statements, meeting minutes, contracts, and member lists (with restrictions). The HOA must respond to requests within 10 business days. Penalties for denial can reach $500 per day plus attorney fees.

🚧 Failure to Maintain Common Areas

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HOAs have a fiduciary duty to maintain common areas in good condition. If the association collects assessments but allows common areas to deteriorate, members can demand repairs. Persistent failure may justify reducing or withholding assessments (proceed with caution and legal advice).

⚠ IDR/ADR Required Before Court

California law requires Internal Dispute Resolution (IDR) or Alternative Dispute Resolution (ADR) before filing most HOA lawsuits. You must request IDR in writing and give the HOA a chance to resolve the dispute. Skipping this step can result in case dismissal and loss of attorney fees. This demand letter can serve as your IDR request.

💰 Damages & Remedies

California provides multiple remedies for HOA violations. Here are the damages and relief you may be entitled to recover.

Remedy Description
Fine Reversal Removal of improperly levied fines and late fees from your account
Actual Damages Out-of-pocket costs caused by HOA misconduct (repairs, moving costs, etc.)
Statutory Penalties $500/day for records access violations; other statutory penalties
Injunctive Relief Court order requiring HOA to approve modification, cease enforcement, etc.
Declaratory Relief Court declaration that rule is invalid or HOA action improper
Attorney Fees Prevailing party recovery under Civil Code 5975

💰 Attorney Fee Recovery Makes Claims Viable

Under Civil Code 5975, the prevailing party in any action to enforce the governing documents can recover attorney fees. This means even disputes over relatively small fines can be worth pursuing because you can recover legal costs. Many attorneys take HOA cases on contingency or hybrid arrangements for this reason.

📊 Sample Damages Calculation

Example: Improper Fines + Records Denial

Improper fines levied $2,400
Late fees and interest charged $480
Records denial penalty (14 days x $500) $7,000
Time spent on dispute (20 hrs x $50) $1,000
Attorney fees (estimated) $8,500
TOTAL POTENTIAL RECOVERY $19,380

Small Claims vs. Superior Court

  • Small Claims Court - Claims up to $12,500 (individuals). No attorney fees recoverable but faster and lower cost. Good for straightforward fine disputes.
  • Superior Court - No limit on damages. Attorney fees recoverable under Civil Code 5975. Necessary for injunctive relief, complex disputes, or larger claims.
  • ADR First - Remember that IDR/ADR is required before filing either type of case.

💡 Calculating Records Access Penalties

The $500/day penalty for improper records denial (Civil Code 5235) runs from the date the HOA should have responded (10 business days after your request) until records are provided. A 30-day delay could result in $10,000+ in penalties alone, making records requests a powerful tool.

✅ Evidence Checklist

Gather these documents and evidence before sending your demand letter. Click to check off items as you collect them.

📄 Governing Documents

  • ✓ CC&Rs (Covenants, Conditions & Restrictions)
  • ✓ Bylaws
  • ✓ Rules and Regulations (current version)
  • ✓ Architectural Guidelines (if applicable)

💬 HOA Communications

  • ✓ Violation notices received
  • ✓ Fine notices and account statements
  • ✓ Hearing notices and results
  • ✓ All email and letter correspondence

📷 Photographic Evidence

  • ✓ Photos of your alleged violation
  • ✓ Photos of comparable properties (selective enforcement)
  • ✓ Photos of common area maintenance issues
  • ✓ Timestamped/dated photos showing when issues existed

📈 Association Records

  • ✓ Board meeting minutes (especially re: your issue)
  • ✓ Financial statements showing assessment use
  • ✓ Enforcement history for similar violations
  • ✓ Your records request and HOA response (or non-response)

🔒 Request Records Now

If you haven't already, submit a written records request under Civil Code 5200-5210 immediately. You are entitled to meeting minutes, financial records, enforcement policies, and other documents. The HOA must respond within 10 business days. Their refusal or delay triggers $500/day penalties and provides additional grounds for your claim.

📝 Sample Language

Copy and customize these paragraphs for your demand letter. Each addresses a specific type of HOA dispute.

Improper Fines - Procedural Violation
The fine of $[FINE AMOUNT] imposed on [DATE] is invalid because the Association failed to comply with Civil Code section 5855. Specifically, the Association failed to provide me with [written notice of the violation at least 10 days before the hearing / an opportunity to be heard before the board / a written decision within 15 days of the hearing]. These procedural protections are mandatory, and the Association's failure to comply renders the fine void. I demand that this fine and all associated late fees be removed from my account immediately.
Selective Enforcement Defense
The Association's enforcement of [RULE/CC&R PROVISION] against my property constitutes impermissible selective enforcement. At least [NUMBER] other properties in the community have the identical condition, including units at [ADDRESSES], yet the Association has taken no enforcement action against these owners. I have photographic evidence documenting these comparable violations dated [DATES]. Under California law, an association cannot arbitrarily enforce rules against some members while ignoring identical violations by others. See Ekstrom v. Marquesa at Monarch Beach Homeowners Assn. (2008) 168 Cal.App.4th 1111. I demand that the violation notice be withdrawn.
Failure to Maintain Common Areas
The Association has failed to properly maintain the common areas as required by the CC&Rs and its fiduciary duties. Specifically, [describe issues: damaged landscaping, broken pool equipment, deteriorating walkways, etc.] have been in disrepair since at least [DATE]. I have notified the Association of these issues on [DATES OF PRIOR COMPLAINTS] without adequate response. The Association collects $[MONTHLY ASSESSMENT] per month from each homeowner specifically to maintain these common areas. Under Civil Code section 4775, the Association has a duty to maintain, repair, and replace common area components. I demand that repairs be completed within [30 DAYS] or I will pursue all available remedies.
Assessment Dispute - Improper Special Assessment
The special assessment of $[AMOUNT] levied on [DATE] is invalid. Under Civil Code section 5605, special assessments exceeding 5% of the association's budgeted gross expenses require approval by a majority of a quorum of members. The Association imposed this assessment by board action alone, without the required member vote. Furthermore, the purpose of the assessment - [stated purpose] - [was not an emergency / does not qualify for the emergency exception / was not properly noticed]. I dispute this assessment and demand that it be rescinded or submitted to a proper member vote.
Access to Records Demand
On [DATE], I submitted a written request to inspect association records pursuant to Civil Code sections 5200-5210. More than 10 business days have passed, and the Association has [failed to respond / refused access to the following records: LIST]. Under Civil Code section 5235, the Association is liable for a penalty of $500 for each day access is denied, beginning on the 11th business day after my request. As of this letter, [NUMBER] days have passed, resulting in potential penalties of $[AMOUNT]. I demand immediate access to all requested records and reimbursement of any costs I have incurred in pursuing this request.
Architectural Committee Abuse
The Architectural Committee's denial of my application for [describe modification: solar panels, EV charger, landscaping, etc.] dated [DATE] was improper. The denial letter failed to cite any specific provision of the CC&Rs or Architectural Guidelines that my proposed modification violates. Additionally, [the Committee approved similar modifications for other homeowners at ADDRESSES / the denial contradicts the written guidelines / the stated reason is arbitrary and not based on objective standards]. [If solar/EV: Under Civil Code section 4746/4745, the Association cannot unreasonably restrict installation of solar energy systems/EV charging stations.] I demand reconsideration of my application and approval within [30 DAYS], or I will pursue legal action for declaratory relief and attorney fees.

📄 Full Sample Demand Letter

Below is a complete demand letter template. Replace the highlighted placeholders with your specific information. This letter can also serve as your IDR request.

Complete HOA Dispute Demand Letter

[YOUR NAME] [YOUR ADDRESS] [CITY, STATE ZIP] [YOUR EMAIL] [YOUR PHONE] [DATE] VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED and EMAIL to [HOA EMAIL] [HOA NAME] Attn: Board of Directors [HOA ADDRESS] [CITY, STATE ZIP] Re: Demand for Resolution of Dispute and IDR Request Property: [PROPERTY ADDRESS] Account: [YOUR HOA ACCOUNT NUMBER] Dear Board of Directors: I am an owner of record at [PROPERTY ADDRESS] in [HOA NAME]. This letter serves as both a formal demand for resolution of the dispute described below and a request for Internal Dispute Resolution (IDR) pursuant to California Civil Code section 5920. STATEMENT OF DISPUTE On [DATE OF NOTICE/ACTION], the Association [describe the action: issued a violation notice / imposed a fine / denied my architectural application / refused my records request / failed to maintain common areas] regarding [SPECIFIC ISSUE - e.g., alleged violation of parking rules, landscaping standards, etc.]. The Association's action is improper for the following reasons: 1. [FIRST REASON - e.g., The Association failed to provide proper notice and hearing before imposing the fine, as required by Civil Code section 5855.] 2. [SECOND REASON - e.g., The enforcement is selective, as at least five other properties have identical conditions without receiving violation notices.] 3. [THIRD REASON - e.g., The alleged violation is not supported by any provision in the CC&Rs or Rules.] LEGAL BASIS Under the Davis-Stirling Common Interest Development Act, specifically Civil Code sections [CITE RELEVANT SECTIONS - e.g., 5855 (hearing requirements), 5975 (attorney fees), 5200-5235 (records access)], the Association is required to [describe required conduct]. The Association's failure to comply with these requirements renders its action void and entitles me to [remedies sought]. DEMAND I hereby demand that the Association take the following actions within thirty (30) days of the date of this letter: 1. [FIRST DEMAND - e.g., Remove the fine of $X and all associated late fees from my account] 2. [SECOND DEMAND - e.g., Withdraw the violation notice dated X] 3. [THIRD DEMAND - e.g., Provide written confirmation that my account is in good standing] IDR REQUEST Pursuant to Civil Code section 5920, I hereby request that we attempt to resolve this dispute through Internal Dispute Resolution before either party initiates legal proceedings. I am available to meet with a board member or designated representative at [suggest dates/times]. Please contact me at the phone number or email address above to schedule this meeting. CONCLUSION If this matter is not resolved within thirty (30) days, I will pursue all available legal remedies, including but not limited to filing an action in Superior Court seeking declaratory relief, injunctive relief, actual damages, statutory penalties, and attorney fees as provided under Civil Code section 5975. Please note that attorney fees are recoverable by the prevailing party in actions to enforce the governing documents. I look forward to resolving this matter without litigation. Sincerely, _______________________________ [YOUR NAME] Enclosures: - [List documents: Violation notice, photos, prior correspondence, etc.] cc: [HOA Management Company, if applicable]

💡 Sending Your Demand Letter

  • Certified mail with return receipt - Creates proof of delivery
  • Email copy - Send to all official HOA email addresses
  • Keep copies - Save copies of everything you send
  • 30-day deadline - Standard, but adjust based on urgency

🚀 Next Steps

What to do after sending your demand letter.

Expected Timeline

Days 1-10

HOA receives and reviews your demand; may contact management/attorney

Days 10-20

HOA should schedule IDR meeting; board discusses at next meeting

Days 20-30

Response with resolution, counteroffer, or denial; IDR meeting held

If They Don't Resolve

  1. Request ADR (Mediation)

    Either party can request ADR under Civil Code 5925-5965. Mediation is often required before court. The Association may pay for it if they lose.

  2. Consult an HOA Attorney

    Many HOA attorneys offer free consultations and work on contingency or hybrid arrangements because of attorney fee recovery provisions.

  3. File in Small Claims Court

    For claims up to $12,500, small claims is fast and inexpensive. No lawyers allowed, but also no attorney fees recoverable.

  4. File in Superior Court

    For larger claims or injunctive relief. Attorney fees recoverable under Civil Code 5975. May take 12-18 months.

  5. File a DBPR Complaint

    For CID management company violations, file a complaint with the California Department of Real Estate.

Need Legal Help?

HOA disputes can be complex, especially when the board is uncooperative. Get a 30-minute strategy call with an attorney who handles California HOA cases.

Book Consultation - $125

California Resources

  • CA Dept. of Real Estate: dre.ca.gov - File complaints against HOA management companies
  • Davis-Stirling Act Text: leginfo.legislature.ca.gov (Civil Code 4000-6150)
  • ECHO (Executive Council of Homeowners): echo-ca.org - HOA education and resources
  • State Bar Lawyer Referral: calbar.ca.gov - Find HOA attorneys
  • CA Attorney General: oag.ca.gov - For widespread HOA fraud or abuse