California HOA Disputes Demand Letters

Davis-Stirling Act | CC&R Enforcement | Assessment Disputes | Architectural Modifications | Homeowner Rights

California HOA Law: The Davis-Stirling Common Interest Development Act
Core Legal Framework: California homeowner association disputes are primarily governed by the Davis-Stirling Common Interest Development Act, codified in Civil Code Sections 4000-6150. This comprehensive statute regulates the formation, governance, and operation of common interest developments (CIDs), including condominiums, planned developments, and stock cooperatives. Understanding these laws is essential for homeowners challenging HOA actions or enforcing their rights.
Key Davis-Stirling Act Provisions

The Davis-Stirling Act provides extensive protections for homeowners and establishes requirements for HOA governance:

Civil Code Section Topic Key Requirements
4000-4080 Definitions and General Provisions Defines common interest developments, associations, governing documents, and member rights
4340-4370 Assessment Payment and Liens Assessment collection procedures, lien requirements, payment plan rights, foreclosure limitations
4500-4545 Architectural Review Modification approval procedures, 60-day approval timeline, solar and EV charger protections
4900-4955 Meetings and Voting Board meeting requirements, member voting rights, election procedures, secret ballot requirements
5200-5240 Records and Inspection Rights Homeowner access to association records, 30-day production requirement, specific document categories
5930-5965 Alternative Dispute Resolution Mandatory ADR offer before litigation, IDR procedures, mediation requirements
CC&Rs, Bylaws, and Governing Documents

HOA governance is established through a hierarchy of governing documents:

  • Declaration of Covenants, Conditions & Restrictions (CC&Rs): The primary governing document recorded against the property, establishing use restrictions, architectural controls, assessment authority, and enforcement mechanisms. CC&Rs run with the land and bind all owners.
  • Articles of Incorporation: Establishes the association as a California nonprofit mutual benefit corporation
  • Bylaws: Govern internal operations including board composition, meeting procedures, officer duties, and committee structure
  • Rules and Regulations: Operating rules adopted by the board covering day-to-day matters like parking, pool hours, and pet policies
  • Hierarchy: State law supersedes CC&Rs, which supersede bylaws, which supersede rules. Any provision conflicting with higher authority is unenforceable.
Important: CC&Rs and governing documents are contracts between the association and its members. Breach of these documents by either party may give rise to legal claims. However, Civil Code Section 5975 requires the HOA to act reasonably and in good faith in interpreting and enforcing governing documents.
Assessment Authority and Collection (Civil Code 4340-4370)

HOAs have specific powers and limitations regarding assessments:

Assessment Type Board Authority Member Approval Required
Regular Assessments Board may increase up to 20% annually without member vote Increases over 20% require majority member approval
Special Assessments Board may levy up to 5% of budgeted gross expenses without vote Special assessments exceeding 5% require majority member approval
Emergency Assessments Board may levy for immediate threats to health/safety or legal judgments No member vote required for qualifying emergencies
Collection Limitations: Before recording an assessment lien, the HOA must offer a payment plan if the delinquency is $1,800 or more (Civil Code 5665). The HOA cannot foreclose on assessment liens under $1,800 or that are less than 12 months delinquent, except for special assessments (Civil Code 5720). Homeowners have the right to dispute assessments through internal dispute resolution.
Architectural Modification Rights (Civil Code 4500-4545)

Homeowners have specific protections for property modifications:

  • 60-Day Approval: If the HOA fails to approve or deny a complete architectural application within 60 days, the application is deemed approved (Civil Code 4765)
  • Written Decision Required: Denials must be in writing with specific reasons and cite the governing document provisions violated
  • Solar Energy Systems: HOA cannot prohibit or effectively restrict installation of solar energy systems (Civil Code 714, 4746)
  • Electric Vehicle Charging: HOA cannot prohibit EV charging station installation in designated parking (Civil Code 4745)
  • Drought-Tolerant Landscaping: HOA cannot prohibit water-efficient landscaping (Civil Code 4735)
  • Reasonable Restrictions Only: Architectural restrictions must be reasonable and applied uniformly
Board Meeting and Voting Rights (Civil Code 4900-4955)

The Davis-Stirling Act mandates transparency and member participation in HOA governance:

  • Open Meetings: Board meetings must be open to all members, except for executive sessions on limited topics (Civil Code 4925)
  • Notice Requirements: Members must receive at least 4 days notice of regular board meetings and 2 days for emergency meetings (Civil Code 4920)
  • Member Comment: Members must be given an opportunity to speak at board meetings on agenda items before the board takes action (Civil Code 4925)
  • Secret Ballots: Elections must be conducted by secret ballot with independent inspectors of election (Civil Code 5100-5145)
  • Quorum: Member meetings require quorum as specified in bylaws; reduced quorum permitted for adjourned meetings
  • Cumulative Voting: If permitted by governing documents, allows minority representation on board
Document Inspection Rights (Civil Code 5200-5240)

Homeowners have extensive rights to inspect and copy association records:

Document Category Access Right Production Timeline
Financial Documents (budgets, financial statements, tax returns) Available for inspection and copying Within 10 business days of written request
Meeting Minutes (board and member meetings) Available for inspection and copying Within 10 business days of written request
Governing Documents (CC&Rs, bylaws, rules) Available for inspection and copying Within 10 business days of written request
Membership Lists Available for HOA-related purposes only Within 10 business days; member may opt out of certain disclosures
Contracts and Invoices Available for inspection and copying Within 30 days of written request
Enforcement: If an HOA refuses to provide requested records, the homeowner may file a lawsuit. The court may award the homeowner a penalty of $500 for the first denial and $1,000 for subsequent violations, plus attorney's fees and costs (Civil Code 5235).
ADR Requirements Before Litigation (Civil Code 5930-5965)

California law strongly encourages resolution of HOA disputes without litigation:

  • Internal Dispute Resolution (IDR): Either party may request a meet and confer with a board member to resolve disputes (Civil Code 5910-5920)
  • Mandatory ADR Offer: Before filing an enforcement lawsuit, the party must offer to participate in alternative dispute resolution (Civil Code 5930)
  • Certificate Requirement: Complaints in HOA enforcement actions must include a certificate stating ADR was offered and declined or attempted and failed (Civil Code 5950)
  • Court Referral: Courts may stay litigation and refer parties to ADR if the requirement was not satisfied
  • Attorney's Fees Impact: Failure to comply with ADR requirements may affect recovery of attorney's fees
Common HOA Dispute Issues
1. Assessment Disputes and Collection Issues
Common Violations: Assessment disputes are among the most frequent HOA conflicts. Issues include improper calculation of assessments, failure to provide required disclosures, aggressive collection without offering payment plans, and improper lien recordings.
  • Improper Assessment Increases: Board raising regular assessments more than 20% without member vote, or levying special assessments exceeding 5% of budget without approval
  • Failure to Offer Payment Plan: Collecting delinquent assessments of $1,800+ without offering a payment plan as required by Civil Code 5665
  • Improper Lien Recording: Recording a lien without proper notice, board approval, or for amounts below the statutory threshold
  • Miscalculated Fees and Penalties: Charging excessive late fees, interest, or collection costs not authorized by governing documents
  • Failure to Credit Payments: Misapplying payments or failing to credit partial payments properly
  • Disputes Over Special Assessments: Challenges to the necessity, amount, or approval process for special assessments
2. Architectural Modification Disputes

Disputes over property modifications frequently arise between homeowners and HOAs:

Common Issue Homeowner Rights
Arbitrary Denial Denials must be based on specific CC&R provisions and applied consistently to all homeowners
Failure to Respond If no response within 60 days of complete application, modification is deemed approved (Civil Code 4765)
Solar Panel Restrictions HOA cannot prohibit solar installations or impose conditions that significantly increase cost or decrease efficiency (Civil Code 714)
EV Charger Denial HOA cannot prohibit EV charging stations in designated parking spaces (Civil Code 4745)
Drought-Tolerant Landscaping HOA cannot require water-intensive landscaping or prohibit drought-resistant plants (Civil Code 4735)
Unreasonable Conditions Approval conditions must be reasonable and directly related to legitimate architectural concerns
Deemed Approved: Under Civil Code 4765, if your architectural application is not approved or denied within 60 days of submission of all required documents, the modification is deemed approved. Document your submission date and all materials provided. The HOA cannot later reverse a deemed approval.
3. Selective Enforcement Claims

One of the most common and successful defenses to HOA enforcement actions:

  • Definition: Selective enforcement occurs when an HOA enforces rules against some homeowners while ignoring identical violations by others
  • Legal Standard: Under Civil Code 5975, the HOA must act reasonably and in good faith. Selective enforcement violates this duty
  • Evidence Required: Document other similar violations that are not being enforced (photos, dates, addresses)
  • Defenses: HOA cannot enforce a rule against you if they have knowingly allowed others to violate the same rule
  • Discriminatory Enforcement: If enforcement targets protected classes (race, religion, disability, etc.), fair housing laws may apply
  • Remedy: Courts may void fines, require uniform enforcement, or award damages and attorney's fees
4. Common Area Maintenance Issues
HOA Duty: The association has a duty to maintain, repair, and replace common areas and exclusive use common areas (unless the CC&Rs assign responsibility to individual owners). Failure to maintain common areas can create liability and may constitute a breach of fiduciary duty.
  • Deferred Maintenance: HOA failing to maintain roofs, foundations, plumbing, landscaping, or other common elements
  • Inadequate Reserves: Failure to fund reserves properly for major repairs and replacements
  • Water Intrusion: Roof leaks, foundation issues, or drainage problems affecting individual units from common areas
  • Safety Hazards: Broken sidewalks, inadequate lighting, malfunctioning gates, or pool safety issues
  • Pest Infestation: Termites, rodents, or other pests in common areas or spreading from common areas to units
  • Insurance Claims: Disputes over who bears responsibility for repairs and insurance deductibles
5. Board Meeting and Voting Violations
  • Secret Meetings: Board conducting business outside of properly noticed meetings
  • Inadequate Notice: Failing to provide required 4-day notice of regular meetings or 2-day notice of special meetings
  • Excluding Members: Improperly closing meetings or denying members the right to attend open sessions
  • Denial of Speaking Rights: Not allowing members to comment on agenda items before board action
  • Election Irregularities: Failure to use secret ballots, independent inspectors, or proper nomination procedures
  • Quorum Manipulation: Proceeding without proper quorum or improperly counting proxy votes
  • Recall Obstruction: Board refusing to process valid recall petitions or improperly disqualifying signatures
6. Document Access Denial
  • Refusal to Produce Records: HOA ignoring or denying document inspection requests
  • Excessive Delays: Failing to produce documents within the 10-30 day statutory timelines
  • Improper Redactions: Over-redacting documents or withholding non-exempt information
  • Excessive Copying Fees: Charging more than actual cost for copies
  • Conditioning Access: Requiring homeowners to state reasons for requests or limiting what can be inspected
Penalties: Civil Code 5235 provides for penalties of $500 for the first denial of document access and $1,000 for subsequent violations, plus attorney's fees. Keep detailed records of your requests, the HOA's response, and all communications.
7. Fine and Penalty Disputes
  • Due Process Violations: Fines imposed without proper notice and hearing as required by Civil Code 5855
  • Unauthorized Fines: Fines not authorized by CC&Rs or established fine schedule
  • Excessive Fines: Penalties disproportionate to the violation
  • Continuing Fines: Daily fines that accumulate to unreasonable amounts
  • Cured Violations: Continued fines after the violation has been corrected
  • Suspension of Rights: Improper suspension of common area access or voting rights
How to Write Your HOA Dispute Demand Letter
Step 1: Gather Your Documentation

Before writing your demand letter, compile all relevant evidence:

  • Governing Documents: CC&Rs, bylaws, rules and regulations, and any amendments (request copies if needed)
  • Assessment Records: All assessment statements, payment history, ledger statements, and lien notices
  • Correspondence: All letters, emails, and communications with the HOA, management company, and board
  • Architectural Documents: Modification applications, approval/denial letters, plans, and specifications
  • Violation Notices: All notices of violation, hearing notices, and fine letters received
  • Meeting Records: Meeting agendas, minutes, and any recordings you are entitled to
  • Photographs: Photos documenting the issue, comparable properties, common area conditions, or other evidence
  • Selective Enforcement Evidence: Photos, addresses, and descriptions of similar violations by others not being enforced
Step 2: Identify the Legal Violations
Be Specific: Your demand letter should cite the exact Davis-Stirling Act provisions, CC&R sections, or other legal authorities the HOA has violated. This demonstrates knowledge of your rights and puts the HOA on notice that you understand the law.

Example Legal Citations:

  • "The HOA violated Civil Code Section 5665 by failing to offer a payment plan before recording the assessment lien, despite the delinquency exceeding $1,800."
  • "Under Civil Code Section 4765, my architectural application was deemed approved because the Association failed to act within 60 days of my complete submission on [date]."
  • "The denial of my document request violates Civil Code Section 5200, which entitles members to inspect association records within 10 business days."
  • "The fine was imposed without the notice and hearing required by Civil Code Section 5855, violating my due process rights."
Step 3: Document the Harm and Damages

Describe how the HOA's actions have harmed you:

Type of Harm Examples
Financial Damages Improper assessments, unauthorized fines, excessive fees, attorney's fees incurred, property damage from deferred maintenance
Property Rights Violations Denial of architectural modifications, restrictions on use, interference with solar or EV charging rights
Governance Violations Denial of voting rights, exclusion from meetings, failure to provide records, invalid elections
Emotional Distress Harassment, threats, stress from collection activities, impact on quality of life (in egregious cases)
Step 4: Comply with ADR Requirements
Critical Requirement: Under Civil Code Section 5930, before filing an enforcement action in court, you must offer to participate in alternative dispute resolution. Your demand letter should include this offer and request a response within 30 days. Failure to comply may result in your lawsuit being stayed and could affect your recovery of attorney's fees.

ADR Options to Offer:

  • Internal Dispute Resolution (IDR): A meet-and-confer between you and a board member (Civil Code 5910-5920)
  • Mediation: Facilitated negotiation with a neutral third-party mediator
  • Arbitration: Binding or non-binding decision by a neutral arbitrator
Step 5: Format and Structure Your Letter

Essential Components:

Component What to Include
Header Your name, address, unit number, phone, email; date; HOA name and address; management company if applicable
Subject Line "Demand for [Compliance/Resolution/Action] - [Unit Address]" or "Notice of Dispute and ADR Request"
Property Identification Your unit address, APN, and HOA account number if applicable
Statement of Issue Clear description of the dispute, including relevant dates and facts
Legal Violations Cite specific Davis-Stirling Act provisions, CC&R sections, or other laws violated
Damages/Harm Describe the harm you have suffered and quantify damages where possible
Demand State exactly what you want: rescission of fine, approval of modification, refund of improper charges, etc.
ADR Offer Offer to participate in IDR, mediation, or other ADR before litigation
Deadline Set a reasonable deadline (typically 30 days)
Consequences State that you will pursue legal action if the demand is not met
Step 6: Delivery Method
  • Certified Mail, Return Receipt Requested: Provides proof of delivery and date received
  • Send to All Required Parties: HOA Board, management company, and association's registered agent
  • Email Follow-Up: Send a copy via email for immediate notice
  • Check CC&R Notice Provisions: Some CC&Rs specify required delivery methods for formal notices
  • Keep Copies: Retain copies of the letter, all attachments, and mailing receipts
Pro Tip: Request a written response within 30 days. If the HOA ignores your letter or refuses to participate in ADR, you will have documented proof for court that you attempted to resolve the matter before litigation. This satisfies the pre-litigation ADR requirement under Civil Code 5930.
Sample HOA Dispute Demand Letters
Sample 1: Improper Assessment Challenge
[Your Name] [Your Address/Unit Number] [City, State ZIP] [Phone Number] [Email Address] [Date] VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED [and via email to: manager@hoamanagement.com] [HOA Name] Board of Directors c/o [Management Company Name] [Management Company Address] [City, State ZIP] RE: DISPUTE OF IMPROPER ASSESSMENT AND DEMAND FOR CORRECTION Property: [Your Address], Unit [X] HOA Account No.: [Account Number] Dear Board of Directors: I am writing to formally dispute improper charges on my account and demand immediate correction. The Association has violated the Davis-Stirling Common Interest Development Act and the CC&Rs in its assessment and collection practices. STATEMENT OF FACTS I am an owner in good standing at the above property. On [date], I received an assessment statement showing a total balance due of $[amount], which includes the following improper charges: 1. Special Assessment of $[amount] levied on [date] 2. Late fees totaling $[amount] 3. Collection costs of $[amount] 4. "Administrative fees" of $[amount] LEGAL VIOLATIONS The Association has violated California law and the governing documents in the following respects: 1. UNAUTHORIZED SPECIAL ASSESSMENT: Civil Code Section 4355 requires that special assessments exceeding 5% of the Association's budgeted gross expenses must be approved by a majority of the membership. The special assessment of $[amount] exceeds this threshold. I have requested but not received any evidence that a proper member vote was conducted. This assessment is therefore void and unenforceable. 2. FAILURE TO PROVIDE REQUIRED DISCLOSURES: Civil Code Section 5300 requires the Association to distribute a Pro Forma Operating Budget and disclosures at least 30 days before the start of the fiscal year. The Association failed to provide these required disclosures before levying the assessment. 3. EXCESSIVE LATE FEES: Article [X] of the CC&Rs provides for late fees of $[amount] per month. The Association has charged late fees totaling $[amount], which exceeds the authorized amount by $[amount]. 4. UNAUTHORIZED COLLECTION COSTS: Civil Code Section 5650 limits the charges that may be collected. The "administrative fee" of $[amount] is not authorized by the CC&Rs or by statute. 5. FAILURE TO OFFER PAYMENT PLAN: Civil Code Section 5665 requires the Association to offer a payment plan to any owner whose delinquency is $1,800 or more before the Association may record a lien. I was never offered a payment plan despite the claimed delinquency exceeding this threshold. DEMAND I demand that the Association take the following actions within THIRTY (30) DAYS of your receipt of this letter: 1. Remove the unauthorized special assessment of $[amount] from my account 2. Remove all late fees in excess of the $[amount] authorized by the CC&Rs 3. Remove all unauthorized "administrative fees" and collection costs 4. Provide a corrected account statement reflecting only valid, authorized charges 5. If any balance remains legitimately due, provide a written offer of a payment plan per Civil Code 5665 6. Refund any overpayment to me by check OFFER OF ALTERNATIVE DISPUTE RESOLUTION Pursuant to Civil Code Section 5930, I hereby offer to participate in alternative dispute resolution to resolve this matter. I am willing to participate in: - Internal Dispute Resolution (IDR) with a board member pursuant to Civil Code 5910 - Mediation with a mutually agreed neutral mediator - Any other form of ADR the Association proposes Please respond in writing within 30 days indicating whether the Association accepts or declines this offer. CONSEQUENCES OF NON-COMPLIANCE If the Association fails to correct these improper charges and respond to my ADR offer within 30 days, I will: 1. File a complaint with the California Department of Real Estate 2. Pursue legal action seeking declaratory relief, damages, statutory penalties, and attorney's fees under Civil Code Sections 5145, 5975, and other applicable provisions 3. Seek reimbursement of all costs incurred in pursuing this matter I have fully documented all improper charges, the Association's failures, and my attempts to resolve this matter. I reserve all rights and remedies available under California law. Sincerely, [Your Signature] [Your Printed Name] Enclosures: - Copy of disputed assessment statement - Copies of prior correspondence - Proof of payments made - Request for member vote documentation on special assessment
Sample 2: Architectural Denial Appeal and Deemed Approval Claim
[Your Name] [Your Address/Unit Number] [City, State ZIP] [Phone Number] [Email Address] [Date] VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED [and via email to: arc@hoaname.com] [HOA Name] Board of Directors Architectural Review Committee c/o [Management Company Name] [Address] [City, State ZIP] RE: APPEAL OF ARCHITECTURAL DENIAL / NOTICE OF DEEMED APPROVAL Property: [Your Address], Unit [X] Application Submitted: [Date] Modification: [Description, e.g., "Solar Panel Installation"] Dear Board of Directors and Architectural Review Committee: I am writing to formally appeal the denial of my architectural modification application and/or to assert that my application has been deemed approved under California Civil Code Section 4765. BACKGROUND On [submission date], I submitted a complete Architectural Modification Application to install [description of modification] at my property. The application included all required documentation: - Completed application form - Detailed plans and specifications - Photographs of the proposed location - [Any other required materials] The application was submitted via [method - certified mail/hand delivery/email], and I have confirmation of receipt dated [date]. ASSOCIATION'S RESPONSE [Choose the applicable scenario:] SCENARIO A - NO RESPONSE (DEEMED APPROVAL): As of the date of this letter, [X] days have elapsed since submission of my complete application. The Association has not provided any written response approving or denying the application. Under Civil Code Section 4765: "If a proposed change is one that requires approval by the architectural committee or the board of directors of an association, and the application is not approved or denied within 60 days after the association receives all required documentation, the application shall be deemed approved." My application is therefore DEEMED APPROVED by operation of law. I am providing this notice before proceeding with the approved modification. SCENARIO B - IMPROPER DENIAL: On [date], I received a letter purporting to deny my application. This denial is improper and unenforceable for the following reasons: 1. FAILURE TO CITE SPECIFIC PROVISIONS: The denial letter does not identify any specific CC&R provision or architectural guideline that my proposed modification violates. A bare denial without specific reasons is arbitrary and unenforceable. 2. VIOLATION OF SOLAR RIGHTS ACT: My application is for a solar energy system. Civil Code Section 714 and Section 4746 prohibit the Association from effectively prohibiting or restricting the installation of solar energy systems. The denial states [quote denial reason], which constitutes an unreasonable restriction that would significantly increase the cost of the system by $[amount] and/or significantly decrease its efficiency by [percentage]. 3. SELECTIVE ENFORCEMENT: The denial cites [stated reason], but the Association has approved identical modifications for other homeowners, including: - [Address 1] - approved [date] - [Address 2] - approved [date] This selective application of the guidelines is arbitrary and violates Civil Code 5975. 4. UNREASONABLE CONDITIONS: The conditional approval requires [conditions], which are not reasonably related to architectural concerns and impose a cost of $[amount] that renders the modification impractical. DEMAND I demand that the Association take the following actions within THIRTY (30) DAYS: 1. Acknowledge in writing that my application is deemed approved under Civil Code 4765, OR 2. Reconsider and approve my application without the unreasonable conditions previously imposed, AND 3. Provide written confirmation that I may proceed with the modification If the Association maintains that the application was properly denied, I demand a written response that: - Cites the specific CC&R provisions or architectural guidelines allegedly violated - Explains how those provisions apply to my proposed modification - Addresses the selective enforcement issue documented above - Explains why the restrictions do not violate Civil Code 714/4746 (for solar installations) OFFER OF ALTERNATIVE DISPUTE RESOLUTION Pursuant to Civil Code Section 5930, I offer to participate in alternative dispute resolution to resolve this matter, including Internal Dispute Resolution (IDR) under Civil Code 5910, mediation, or other mutually agreeable process. Please respond in writing within 30 days indicating whether the Association accepts or declines this offer. CONSEQUENCES OF NON-COMPLIANCE If the Association fails to approve my application or participate in ADR within 30 days, I will: 1. Proceed with the modification based on deemed approval under Civil Code 4765 2. Pursue legal action for declaratory relief, injunctive relief, and attorney's fees under Civil Code 5145 and 5975 3. If applicable, file a complaint with the California Solar Rights Ombudsman I reserve all rights and remedies available under California law. Sincerely, [Your Signature] [Your Printed Name] Enclosures: - Copy of original application and all submitted materials - Proof of submission date - Copy of denial letter (if applicable) - Photos of comparable approved modifications at other properties - Cost estimates showing impact of denial/conditions (if applicable)
Sample 3: Selective Enforcement Complaint
[Your Name] [Your Address/Unit Number] [City, State ZIP] [Phone Number] [Email Address] [Date] VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED [HOA Name] Board of Directors c/o [Management Company Name] [Management Company Address] [City, State ZIP] RE: DEMAND TO RESCIND VIOLATION NOTICE AND FINES - SELECTIVE ENFORCEMENT Property: [Your Address], Unit [X] Violation Notice Dated: [Date] Alleged Violation: [Description] Dear Board of Directors: I am writing to formally dispute the Notice of Violation dated [date] and demand that all associated fines be rescinded. The Association is engaging in selective enforcement in violation of Civil Code Section 5975 and fundamental principles of fairness. THE ALLEGED VIOLATION On [date], I received a Notice of Violation alleging that I am in violation of [CC&R Section X / Rule Y] for [description of alleged violation, e.g., "parking a recreational vehicle in my driveway," "having a non-approved paint color," "storing items on my patio"]. The Notice states that I must [cure requirement] within [X] days or face fines of $[amount] per day/occurrence. SELECTIVE ENFORCEMENT The Association's enforcement of this rule against me is arbitrary and discriminatory. I have documented numerous other properties with identical or substantially similar conditions that are not being cited for violations: DOCUMENTED SIMILAR VIOLATIONS NOT BEING ENFORCED: 1. [Address 1] - [Same/similar violation] - Present since at least [date] [Description and how it is the same as yours] Photo documentation: Exhibit A 2. [Address 2] - [Same/similar violation] - Present since at least [date] [Description] Photo documentation: Exhibit B 3. [Address 3] - [Same/similar violation] - Present since at least [date] [Description] Photo documentation: Exhibit C 4. [Address 4] - [Same/similar violation] - Present since at least [date] [Description] Photo documentation: Exhibit D [Add additional examples as documented] In total, I have documented [X] other properties with the same or substantially similar conditions that are not being enforced. LEGAL ANALYSIS Civil Code Section 5975 requires that the Association act reasonably and in good faith when enforcing the governing documents. California courts have consistently held that selective enforcement is arbitrary, unreasonable, and unenforceable. In Liebler v. Point Loma Tennis Club (1995) 40 Cal.App.4th 1600, the court held that an association cannot enforce a restriction against one homeowner while knowingly permitting others to violate the same restriction. The enforcement must be "even-handed" and "in a fair and uniform manner." In Ekstrom v. Marquesa at Monarch Beach Homeowners Assn. (2008) 168 Cal.App.4th 1111, the court held that an association may not arbitrarily or capriciously determine to enforce restrictions against one owner and not another. The Association has known about the other violations documented above for [months/years] and has taken no enforcement action. The singling out of my property for enforcement while ignoring identical violations by others is the very definition of selective enforcement. [If applicable - add personal targeting allegation:] I believe this enforcement action is retaliation for [my complaints about HOA management / my opposition at board meetings / my document requests / etc.]. The timing of this violation notice, coming [X] days after [triggering event], is not coincidental. DEMAND I demand that the Association take the following actions within FIFTEEN (15) DAYS: 1. Rescind the Notice of Violation dated [date] 2. Remove all fines and charges related to this alleged violation from my account 3. Provide written confirmation that no further enforcement action will be taken against me for this issue unless and until the Association uniformly enforces this rule against all violators Alternatively, if the Association intends to enforce this rule community-wide, I demand that the Association: 1. Issue violation notices to ALL properties with the same or similar conditions 2. Provide me with a list of all properties cited 3. Hold my enforcement in abeyance until uniform enforcement has been initiated OFFER OF ALTERNATIVE DISPUTE RESOLUTION Pursuant to Civil Code Section 5930, I offer to participate in Internal Dispute Resolution (IDR) under Civil Code 5910 to resolve this matter. I request a meeting with a board member within 15 days. If IDR does not resolve the dispute, I am willing to participate in mediation. CONSEQUENCES OF NON-COMPLIANCE If the Association fails to rescind this improper violation notice and fines, I will: 1. Refuse to pay any fines associated with this selective enforcement 2. File a lawsuit seeking declaratory relief, damages, and attorney's fees under Civil Code 5975 3. Seek to recover the penalty of $500 or more authorized by Civil Code 5975(c) for arbitrary enforcement 4. Subpoena all enforcement records to demonstrate the pattern of selective enforcement I have thoroughly documented the Association's selective enforcement and am prepared to litigate this matter if necessary. Selective enforcement is not only legally indefensible but exposes the Association and individual board members to liability. This letter is sent without waiver of any rights or remedies, all of which are expressly reserved. Sincerely, [Your Signature] [Your Printed Name] Enclosures: - Copy of Violation Notice dated [date] - Exhibit A: Photo of [Address 1] violation - Exhibit B: Photo of [Address 2] violation - Exhibit C: Photo of [Address 3] violation - Exhibit D: Photo of [Address 4] violation - Map showing location of documented violations - Timeline of enforcement (or lack thereof)
Enforcement Options and Remedies
1. Internal Dispute Resolution (IDR)
First Step: Civil Code Sections 5910-5920 establish a right to Internal Dispute Resolution. Either party (homeowner or HOA) can request a meet-and-confer with a board member designated by the board to attempt to resolve the dispute. The HOA must participate in IDR if requested.

IDR Process:

  • Submit written request for IDR to the board
  • Board must designate a member to meet with you
  • Meeting should occur within a reasonable time
  • No attorneys required; informal discussion format
  • Any agreement reached should be documented in writing
  • IDR is free and does not require a mediator
2. Mediation

Mediation is a facilitated negotiation with a neutral third party:

  • Voluntary Settlement: The mediator helps parties reach agreement but cannot impose a decision
  • Confidential: Mediation discussions are confidential and cannot be used in court
  • Cost: Parties typically split mediator fees; many mediators charge $200-500/hour
  • Satisfies ADR Requirement: Attempting mediation satisfies the pre-litigation ADR requirement
  • Finding a Mediator: Contact your local bar association, California Dispute Resolution Council, or private mediation services
3. Arbitration

Arbitration involves a binding or non-binding decision by a neutral arbitrator:

  • Binding Arbitration: The arbitrator's decision is final and enforceable as a court judgment
  • Non-Binding Arbitration: Either party can reject the decision and proceed to court
  • CC&R Provisions: Check if your CC&Rs require arbitration of disputes
  • Cost: Arbitration can be expensive; arbitrators may charge $300-1,000+ per hour
  • Limited Discovery: Arbitration typically has limited discovery compared to court
4. Civil Litigation
ADR Requirement: Civil Code Section 5930 requires that before filing an enforcement action, you must certify that you offered to participate in ADR and the offer was declined, or that ADR was attempted but did not resolve the dispute. The complaint must include a certificate of compliance.

Court Options:

Court Jurisdiction Considerations
Small Claims Court Up to $12,500 No attorneys; faster; informal; good for straightforward monetary disputes
Limited Civil Court $12,500 - $35,000 Attorneys permitted; limited discovery; simplified procedures
Unlimited Civil Court Over $35,000 or declaratory/injunctive relief Full procedures; full discovery; jury available; can seek injunction
5. Available Remedies
Remedy Description Legal Authority
Declaratory Relief Court declaration of your rights and the HOA's obligations Code of Civil Procedure 1060
Injunctive Relief Court order requiring HOA to take or stop specific action Code of Civil Procedure 525 et seq.
Compensatory Damages Monetary compensation for actual harm suffered Civil Code 5975
Statutory Penalties $500-$1,000+ for document access violations; other statutory penalties Civil Code 5235, 5145
Rescission of Fines Court order voiding improperly imposed fines Civil Code 5975
Attorney's Fees Recovery of reasonable attorney's fees by prevailing party Civil Code 5975
6. Attorney's Fees in HOA Disputes
Prevailing Party Fees: Civil Code Section 5975(c) provides that in an action to enforce the governing documents, the prevailing party shall be awarded reasonable attorney's fees and costs. This applies to enforcement actions by both homeowners and HOAs. However, the court may find there is no prevailing party if neither party achieved their primary objectives.
  • Enforcement Actions: Attorney's fees available to the prevailing party in governing document enforcement
  • Davis-Stirling Violations: Many Davis-Stirling provisions include fee-shifting for successful claims
  • Reasonableness: Courts will reduce fee awards deemed unreasonable or excessive
  • Risk Assessment: Consider that if you lose, you may be ordered to pay the HOA's attorney's fees
7. Regulatory Complaints

In addition to civil remedies, you may file complaints with:

  • California Department of Real Estate: For certain HOA violations, particularly regarding disclosures and document requirements
  • Bureau of Real Estate Appraisers: If the HOA is misrepresenting property values
  • Attorney General: For nonprofit corporation violations or consumer protection issues
  • Local Building Department: For code violations in common areas
  • Fair Housing Agencies (HUD/DFEH): For discrimination claims
8. Recall of Board Members

If the board is acting improperly, homeowners may petition for recall:

  • Petition Requirement: Typically 5% of members can petition for a special meeting to recall directors
  • Special Meeting: Board must call a special meeting within specified timeframe
  • Vote Required: Usually majority of quorum present can remove directors
  • Check Bylaws: Specific recall procedures are in your association's bylaws
Statute of Limitations: Most HOA-related claims must be filed within 4 years for breach of written contract (CC&Rs), 3 years for fraud or mistake, and 2 years for personal property damage. However, some statutory claims have shorter deadlines. Consult an attorney promptly to preserve your rights.
Attorney Services
Need Help With Your HOA Dispute?

HOA disputes can be complex, involving interpretation of governing documents, the Davis-Stirling Act, and real property law. Whether you are facing improper assessments, architectural denials, selective enforcement, or board misconduct, experienced legal guidance can help protect your rights and maximize your chances of success.

How I Can Help
  • Document Review: Analysis of your CC&Rs, bylaws, and governing documents to identify your rights and the HOA's obligations
  • Demand Letter Drafting: Professionally written demand letters citing relevant Davis-Stirling Act provisions and governing document sections
  • IDR and Mediation: Representation or coaching for internal dispute resolution and mediation proceedings
  • Assessment Disputes: Challenging improper assessments, liens, and collection practices
  • Architectural Appeals: Pursuing deemed approval claims and appealing arbitrary denials
  • Selective Enforcement Defense: Documenting and challenging discriminatory enforcement
  • Document Access: Compelling production of association records and recovering statutory penalties
  • Litigation: Representation in small claims, limited civil, and unlimited civil court proceedings
  • Election Challenges: Challenging improper elections and recall procedures
Common Cases I Handle
  • Improper assessment levies and collection practices
  • Denial of architectural modification applications
  • Solar panel and EV charger installation disputes
  • Selective enforcement of rules and CC&Rs
  • Common area maintenance failures
  • Board meeting and voting rights violations
  • Document inspection request denials
  • Fine and penalty disputes
  • Board misconduct and breach of fiduciary duty
  • Election irregularities and recall procedures
When to Consult an Attorney
Consider consulting an attorney if:
  • You have received a lien notice or threat of foreclosure
  • The HOA is seeking or has obtained a judgment against you
  • You are facing fines exceeding $1,000
  • Your architectural modification was denied and you believe it was improper
  • You believe you are being selectively targeted by the HOA
  • The HOA is refusing to provide documents you have requested
  • You need injunctive relief to stop ongoing HOA misconduct
  • The dispute involves complex interpretation of CC&Rs or Davis-Stirling Act
  • You are considering litigation or have been sued by the HOA
  • You want to pursue a recall of board members
Schedule a Consultation

Book a call to discuss your HOA dispute. I will review your situation, explain your legal options under the Davis-Stirling Act and your governing documents, and advise on the best strategy for resolving your dispute.

Contact Information

Email: owner@terms.law

Frequently Asked Questions
The Davis-Stirling Common Interest Development Act (Civil Code Sections 4000-6150) is California's comprehensive law governing homeowner associations. It establishes requirements for HOA governance, meetings, voting, assessments, architectural review, document access, and dispute resolution. The Act provides significant protections for homeowners, including rights to attend meetings, access records, receive proper notice before fines, and participate in ADR before litigation. Understanding Davis-Stirling is essential for effectively challenging improper HOA actions.
Yes, but with significant limitations. Under Civil Code Section 5720, the HOA cannot foreclose on an assessment lien if the amount owed (excluding late charges, interest, and collection costs) is less than $1,800 or the assessments are less than 12 months delinquent, unless the lien is for a board-approved special assessment. Additionally, before recording a lien, the HOA must offer a payment plan if the delinquency is $1,800 or more (Civil Code 5665). The HOA must also provide specific notices before recording a lien and before foreclosing. If proper procedures are not followed, you may be able to challenge the lien or foreclosure.
Under Civil Code Section 4765, if you submit a complete architectural modification application and the HOA does not approve or deny it within 60 days, the modification is "deemed approved" by operation of law. This prevents HOAs from indefinitely delaying applications or ignoring them. To rely on deemed approval, you must have submitted all required documentation. Document your submission date carefully and keep proof of what was submitted. If 60 days pass without a response, send a letter to the HOA confirming the deemed approval before proceeding with the modification.
Selective enforcement occurs when an HOA enforces rules against some homeowners while ignoring identical violations by others. Under Civil Code 5975, the HOA must act reasonably and in good faith. Selective enforcement violates this duty and is a complete defense to enforcement. To prove it, document other properties with the same or similar violations that are not being cited. Take dated photographs, note addresses, and describe how the violations are comparable to yours. The more examples you can document, the stronger your case. Courts have consistently held that HOAs cannot enforce rules against one owner while knowingly permitting others to violate the same rules.
For enforcement actions (lawsuits to enforce governing documents), Civil Code Section 5930 requires that before filing, you must offer to participate in alternative dispute resolution. Your complaint must include a certificate stating that ADR was offered and declined, or that ADR was attempted but did not resolve the dispute. If you do not comply, the court may stay your lawsuit and refer you to ADR. Failure to offer ADR may also affect your ability to recover attorney's fees. However, this requirement does not apply to small claims court actions under $5,000 or to actions for emergency injunctive relief.
No. California's Solar Rights Act (Civil Code Section 714) and Davis-Stirling Act (Civil Code Section 4746) prohibit HOAs from effectively prohibiting or restricting solar energy systems. While the HOA can impose reasonable restrictions on placement, the restrictions cannot significantly increase the cost of the system or significantly decrease its efficiency. The HOA cannot require you to move panels to a less efficient location, use specific equipment that costs significantly more, or take other actions that would make the installation impractical. Similar protections exist for electric vehicle charging stations (Civil Code 4745) and drought-tolerant landscaping (Civil Code 4735).
Civil Code Section 5200 gives you broad rights to inspect and copy association records. This includes financial documents (budgets, financial statements, tax returns, bank statements), meeting minutes, governing documents, membership lists (with some privacy protections), contracts, invoices, and correspondence. The HOA must make records available for inspection within 10 business days of your written request, or 30 days for certain categories. The HOA can charge only the actual cost of copying. If the HOA refuses to provide records, you may be entitled to a penalty of $500 for the first violation and $1,000 for subsequent violations, plus attorney's fees (Civil Code 5235).

Related Resources

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Need Help With Your HOA Dispute?

From improper assessments to selective enforcement, HOA disputes require knowledge of the Davis-Stirling Act and strategic advocacy. Get experienced guidance to protect your rights and resolve your dispute effectively.

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California HOA Law: Your Rights Under the Davis-Stirling Act

California homeowners in common interest developments have extensive protections under the Davis-Stirling Common Interest Development Act (Civil Code Sections 4000-6150). This comprehensive statute governs HOA assessments, architectural review, board meetings, elections, document access, and dispute resolution. Understanding these rights is essential for challenging improper HOA actions.

Key Homeowner Rights in California HOA Disputes

Steps to Challenge HOA Actions