What Are HOA Disputes?
Homeowners association (HOA) disputes are among the most contentious and emotionally charged areas of civil litigation in California. When a homeowner purchases property in a common interest development — a condominium, planned unit development, or gated community — they become bound by the development's governing documents, including the CC&Rs (Covenants, Conditions, and Restrictions), bylaws, and rules adopted by the HOA board. Disputes arise when the HOA overreaches its authority, fails to maintain common areas, imposes excessive assessments, or selectively enforces rules against certain homeowners.
If you are involved in an HOA dispute in San Jose, San Francisco, Oakland, Redwood City, or anywhere in Santa Clara County or the greater Bay Area, the attorneys at RV Litigation Group PC can help. We represent both individual homeowners challenging HOA actions and HOA boards defending their decisions. We bring deep knowledge of the Davis-Stirling Common Interest Development Act and the practical experience to resolve these disputes efficiently.
The Davis-Stirling Common Interest Development Act (Civil Code sections 4000 through 6150) governs virtually every aspect of HOA operations in California — from elections and board meetings to assessments, maintenance obligations, and dispute resolution. The Act establishes mandatory procedures that HOAs must follow and provides homeowners with specific rights that the HOA cannot override. Understanding these statutory requirements is essential to both asserting and defending HOA claims.
At RV Litigation Group PC, we analyze every HOA dispute against the backdrop of the Davis-Stirling Act, the development's specific CC&Rs and bylaws, and applicable case law. We identify procedural violations, substantive overreach, and opportunities for resolution that protect our clients' property rights and financial interests.
What the Law Says
Civil Code 5975 — Enforcement of Governing Documents
"The covenants and restrictions in the declaration shall be enforceable equitable servitudes, unless unreasonable, and shall inure to the benefit of and bind all owners of separate interests in the development." — California Civil Code Section 5975
Section 5975 establishes that CC&Rs are enforceable as equitable servitudes — meaning they run with the land and bind all owners. However, the statute includes a critical limitation: restrictions must be reasonable to be enforceable. A CC&R provision that is arbitrary, oppressive, or bears no rational relationship to the protection of the common interest development may be deemed unenforceable. Additionally, under Section 5975(c), the prevailing party in an action to enforce the governing documents is entitled to reasonable attorney fees.
Civil Code 5600-5620 — Assessments
"A regular assessment or special assessment shall be levied pursuant to the governing documents... The board shall not impose a regular assessment that is more than 20 percent greater than the regular assessment for the immediately preceding fiscal year without the approval of a majority of a quorum of members." — California Civil Code Sections 5600-5620
The Davis-Stirling Act imposes strict limits on HOA assessments. Regular assessments cannot increase by more than 20 percent per year without membership approval. Special assessments exceeding 5 percent of the budgeted gross expenses require membership approval by a majority vote. Emergency assessments are permitted without a vote only in specific circumstances (Civil Code 5610). Homeowners who believe assessments were improperly levied can challenge them through the dispute resolution procedures established in the Act.
Civil Code 5930 — ADR Before Litigation
"An association or a member may not file an enforcement action in the superior court unless the parties have endeavored to submit their dispute to alternative dispute resolution pursuant to this article." — California Civil Code Section 5930
Before filing most HOA-related lawsuits, both homeowners and HOAs must first attempt alternative dispute resolution (ADR) — either mediation or arbitration. A party who files suit without first offering ADR may not recover attorney fees, even if they prevail. This requirement reflects the legislature's preference for resolving HOA disputes outside of court when possible. However, ADR is not required for assessment collection actions, actions seeking temporary restraining orders, or small claims court filings.
Real-World Examples
These scenarios illustrate how hoa disputes commonly arise in the Bay Area:
A homeowner in a San Jose condominium complex receives notice of a $15,000 special assessment for a roof replacement project. The homeowner discovers that the board never held the required membership vote — the special assessment exceeds 5 percent of the annual budget, triggering the voting requirement under Civil Code 5615. The homeowner files an ADR request and, when the board refuses to rescind the assessment, brings a declaratory judgment action to invalidate the improperly levied assessment and recover attorney fees under Section 5975.
A Walnut Creek townhome development's HOA has failed to maintain the common area drainage system for years, causing water intrusion into multiple units. The affected homeowners have reported the issue repeatedly, but the board has taken no action. The homeowners file a claim for breach of the HOA's maintenance obligations under Civil Code 4775, which requires the association to maintain, repair, and replace the common areas. The homeowners seek injunctive relief compelling the repairs and compensatory damages for the property damage caused by the neglect.
An Oakland homeowner paints their front door a shade of blue that falls outside the HOA's approved color palette. The HOA issues a violation notice and imposes daily fines. However, the homeowner's attorney discovers that at least six other homeowners have non-conforming paint colors that the board has never cited. This selective enforcement defense can defeat the HOA's claim — California courts have held that an HOA cannot enforce a restriction against one homeowner while ignoring identical violations by others, as this renders the restriction unenforceable through waiver or estoppel.
A group of homeowners in a Santa Clara County planned development believes the HOA board election was improperly conducted — ballots were not sealed, the inspector of elections was a board member's spouse, and several homeowners were denied the ability to vote. The homeowners challenge the election under Civil Code 5100-5145, which establishes detailed requirements for HOA elections including secret ballots, independent inspectors, and proper notice. The court may void the election results and order a new election conducted in compliance with the Act.
What's at Stake
HOA disputes carry significant financial and practical consequences for both homeowners and associations. The Davis-Stirling Act provides a comprehensive framework of rights and remedies.
| Dispute Type | Key Issues | Potential Remedies | Requirements |
|---|---|---|---|
| Assessment Disputes | Improper levy, excessive increase, special assessment without vote | Invalidation, refund, attorney fees | ADR required first |
| Maintenance Claims | Failure to maintain common areas, water intrusion, structural defects | Injunction, compensatory damages, attorney fees | ADR required first |
| CC&R Enforcement | Architectural violations, use restrictions, nuisance | Injunction, fines, attorney fees to prevailing party | ADR required first |
| Election Challenges | Improper procedures, ballot irregularities, inspector conflicts | Election voided, new election ordered | Civil Code 5100-5145 |
| Board Misconduct | Failure to hold meetings, records requests denied, conflicts of interest | Injunction, penalties, attorney fees | Demand + ADR before suit |
Attorney fees: The Davis-Stirling Act provides for prevailing party attorney fees in actions to enforce the governing documents (Civil Code 5975(c)). This means that the losing side in an HOA enforcement action may be required to pay the other side's legal fees. This fee-shifting provision cuts both ways — it can deter frivolous claims by either side, but it also increases the financial risk of litigation. Understanding the attorney fees exposure is critical to making informed decisions about whether to litigate or settle an HOA dispute.
How We Help
At RV Litigation Group PC, we handle HOA disputes from initial demand through ADR, litigation, and enforcement. Our approach is practical, cost-conscious, and focused on achieving results.
1. Governing Document Analysis
We begin every HOA engagement by thoroughly reviewing the development's CC&Rs, bylaws, rules, and board minutes. We identify the specific provisions at issue, evaluate their enforceability, and assess whether the HOA or homeowner has complied with all applicable requirements. This analysis forms the foundation of our legal strategy and allows us to provide our clients with a realistic assessment of their position.
2. ADR Compliance & Mediation
Because the Davis-Stirling Act requires ADR before most lawsuits, we ensure our clients comply with this prerequisite while positioning them for success at mediation. We prepare detailed mediation briefs, present compelling evidence, and negotiate aggressively on our clients' behalf. Many HOA disputes resolve at mediation, saving our clients the cost and delay of litigation.
3. Assessment Challenges & Defense
We represent homeowners challenging improperly levied assessments and HOAs defending lawfully adopted assessments. We analyze whether the board followed the required procedures, whether the assessment exceeds statutory limits, and whether the membership vote (if required) was properly conducted. We seek invalidation of unlawful assessments and enforce lawfully adopted ones.
4. Injunctive Relief & CC&R Enforcement
When a homeowner is violating CC&Rs and causing harm to other owners, we pursue injunctive relief to compel compliance. When an HOA is overreaching or selectively enforcing restrictions, we defend homeowners against improper enforcement actions. We file motions for temporary restraining orders and preliminary injunctions when immediate relief is needed.
5. Election Challenges
We represent homeowners who believe HOA elections were improperly conducted. We analyze compliance with the detailed election procedures in Civil Code 5100-5145, identify irregularities, and pursue court orders voiding invalid elections and requiring new votes. We also advise HOA boards on proper election procedures to avoid challenges.
6. Construction Defect & Maintenance Claims
We represent homeowners and HOAs in disputes over common area maintenance obligations, construction defects in common interest developments, and the allocation of repair costs between the association and individual owners. We work with construction experts to evaluate the scope and cost of necessary repairs and pursue claims against responsible parties.
Frequently Asked Questions
In most cases, yes. Civil Code 5930 requires that either the homeowner or the HOA offer alternative dispute resolution before filing an enforcement action in superior court. Failure to comply with this requirement can result in the loss of attorney fees, even if you win the lawsuit. Exceptions include assessment collection actions, emergency restraining orders, and small claims court filings.
The HOA board can raise regular assessments by up to 20 percent per year without a membership vote. Increases exceeding 20 percent require approval by a majority of a quorum of members. Special assessments exceeding 5 percent of the annual budget also require a membership vote, except in limited emergency circumstances defined by Civil Code 5610.
Selective enforcement — applying rules to some homeowners but not others — is a recognized defense in California HOA litigation. If you can show that the HOA has consistently failed to enforce a restriction against other homeowners with similar violations, the HOA may be estopped from enforcing the restriction against you. Document every comparable violation you are aware of and consult an attorney.
Yes, in many cases. Civil Code 5975(c) provides that the prevailing party in an action to enforce the governing documents is entitled to reasonable attorney fees. This applies to both homeowners and HOAs. However, the fee-shifting provision cuts both ways — if you lose, you may be required to pay the HOA's legal fees.
Under Civil Code 5200-5240, homeowners have the right to inspect and copy most HOA records, including financial statements, meeting minutes, contracts, and membership lists. The HOA must make records available within 10 business days of a written request. If the HOA refuses, the homeowner can petition the court to compel production and recover a penalty of up to $500 per denial.
