What Governs HOA Disputes in California?
California's Davis-Stirling Common Interest Development Act governs homeowners associations, condominium associations, and other common interest developments. It sets out the association's powers, the homeowner's rights, and — critically — a required internal dispute resolution process that in most cases must be attempted before either party can file a lawsuit.
RV Litigation Group PC represents clients in San Jose, San Francisco, Palo Alto, Oakland, and throughout Santa Clara County and San Francisco County.
What the Law Says
Civil Code 5930 — Alternative Dispute Resolution Requirement
"An association or a member may not file an enforcement action in the court unless the parties have endeavored to submit their dispute to alternative dispute resolution..." — California Civil Code Section 5930
Before either a homeowner or an HOA can sue over most governing document disputes, the Davis-Stirling Act requires the parties to first attempt internal dispute resolution (a good-faith meeting) and, if that fails, mediation or arbitration. Skipping this step can result in a case being dismissed or in a prevailing homeowner losing the right to recover attorney fees.
Civil Code 5850 — Fine Procedures
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Before an HOA can impose a monetary fine or suspend membership privileges, it generally must provide the homeowner written notice and an opportunity for a hearing before the board. An HOA that skips these procedural requirements may have its fine invalidated regardless of the underlying violation.
Real-World Examples
A homeowner's application to install solar panels is denied by the HOA's architectural review committee. Counsel reviews the denial against Civil Code protections for solar installations, which limit an HOA's ability to prohibit them, and challenges the denial through the association's dispute resolution process.
An HOA levies a series of escalating fines against a homeowner for an alleged landscaping violation, without ever providing the required hearing notice. Counsel challenges the fines as procedurally invalid under Civil Code 5850 and negotiates their removal.
An HOA records a lien against a homeowner's property for disputed special assessment charges the homeowner believes were improperly approved. Counsel challenges the validity of the assessment vote and works to have the lien released.
What's at Stake
| Issue | Governing Law | Homeowner Right |
|---|---|---|
| Fines & Discipline | Civil Code 5850 | Written notice and hearing before the board required |
| Dispute Resolution | Civil Code 5930 | IDR/mediation generally required before litigation |
| Assessment Liens | Civil Code 5675 | Specific notice and pre-lien procedures required |
How We Help
1. Governing Document Review
We review your CC&Rs, bylaws, and rules to determine whether the HOA's action is authorized and whether it followed the required procedures.
2. Internal Dispute Resolution
We represent you through the required IDR and mediation process, often resolving disputes before litigation becomes necessary.
3. Fine and Lien Challenges
We challenge improperly imposed fines, assessments, and liens on procedural and substantive grounds.
4. Litigation When Necessary
When an HOA will not resolve a dispute in good faith, we litigate to enforce your rights under the Davis-Stirling Act.
Frequently Asked Questions
Generally, no. The Davis-Stirling Act requires homeowners and associations to attempt internal dispute resolution, and in most cases mediation or arbitration, before filing most types of lawsuits over governing document enforcement. Skipping this step can result in dismissal or loss of the right to recover attorney fees.
In most cases, no. Before imposing a monetary fine or suspending privileges, an HOA generally must give the homeowner written notice of the violation and an opportunity to be heard before the board. A fine imposed without following this process may be challenged as invalid.
Yes, in certain circumstances, though California law imposes specific notice requirements and limitations before an HOA can pursue a lien or foreclosure over unpaid assessments, particularly for smaller delinquent amounts.
California law significantly limits an HOA's ability to prohibit solar energy systems, though the association may impose reasonable restrictions on placement and design. A blanket denial is often subject to challenge.
