HOA Disputes for Homeowners in the Bay Area and California

When a homeowner and an association disagree, the Davis-Stirling Common Interest Development Act and the association's governing documents set the rules. Reiser Law, P.C. represents homeowners and condominium owners in disputes with their associations throughout the Bay Area and California from our Walnut Creek office, in California superior courts and in arbitration. We also represent associations.

Records requests

A member may inspect and copy association records, personally or through a representative designated in writing. Current fiscal year records are due within 10 business days after the association receives a proper request, and records from the previous two fiscal years within 30 calendar days. Minutes of member and board meetings stay open to inspection permanently. If a court finds the association unreasonably withheld access, it must award the member reasonable costs and attorney's fees and may add a civil penalty for each written request denied. Cal. Civ. Code §§ 5205, 5210, 5235(a).

Fines, violation notices and hearings

Before imposing discipline, including a fine, the board must give at least 10 days' written notice of the meeting, stating the alleged violation and the member's right to attend and address the board. The member may request an executive session. No discipline may be imposed if the member cures before the meeting or, when a cure will take longer, provides a financial commitment to cure. The written decision is due within 14 days, and discipline is not effective unless the board followed these steps.

Since mid-2025, most fines cannot exceed the lesser of the association's schedule or $100 per violation, and late charges and interest cannot be added. A larger scheduled fine requires a violation that may have an adverse health or safety impact on the common area or another member's property, plus a written finding at an open board meeting. Cal. Civ. Code §§ 5850, 5855.

Assessments

Without approval of a majority of a quorum of members, the board may not raise the regular assessment more than 20 percent over the prior fiscal year or levy special assessments totaling more than 5 percent of the year's budgeted gross expenses. Increases needed for emergencies as the Act defines them, such as an extraordinary expense required by a court order, are exempt. Cal. Civ. Code §§ 5605(b), 5610.

Architectural decisions

If the governing documents require approval for changes to a home or the common area, the decision must be in writing, made in good faith, and not unreasonable, arbitrary or capricious. A denial must explain why and describe how to seek reconsideration, and the owner is generally entitled to reconsideration by the board at an open meeting. Cal. Civ. Code § 4765(a).

Elections

A member may sue for declaratory or equitable relief over a violation of the Act's election rules within one year after the inspector of elections reports the results to the board and membership, or after the claim accrues if later. If the member proves the required procedures were not followed, the court must void the results unless the association proves the noncompliance did not affect them. A prevailing member recovers reasonable attorney's fees and costs. Cal. Civ. Code § 5145(a)-(b).

Resolving a dispute before suit

Either side can invoke the association's internal dispute resolution procedure in writing. When a member does, the association must participate, and the member cannot be charged a fee. Before filing a superior court enforcement action seeking only declaratory, injunctive or writ relief, or that relief with damages within small claims limits, the parties must have tried alternative dispute resolution, such as mediation. The requirement does not apply to small claims cases and generally does not apply to assessment disputes. Cal. Civ. Code §§ 5910, 5930. Used well, these steps can end a dispute early.

Enforcement lawsuits

The declaration's covenants and restrictions are enforceable equitable servitudes unless unreasonable. Unless the declaration says otherwise, owners and the association can enforce them, and other governing documents can be enforced between an owner and the association. The prevailing party in an action to enforce the governing documents is awarded reasonable attorney's fees and costs. Cal. Civ. Code § 5975. That rule cuts both ways, so fee exposure belongs in every decision to sue or settle.

Questions clients ask

Do I have to try mediation before suing my HOA?

Often, yes. For covered enforcement actions, the parties must first try alternative dispute resolution. Small claims cases are exempt.

Can the board fine me without a hearing?

No. The board must give at least 10 days' written notice, let you address the board, and give you a chance to cure. Discipline imposed without those steps is not effective.

Do you also represent associations?

Yes. We represent homeowners and associations, and we run a conflict check before taking on any HOA matter.

Talk to us

Michael J. Reiser, the firm's founder, has been a member of the State Bar of California since 1988. Sean Svendsen, also a member of the State Bar of California, handles California litigation with the firm from the Bay Area. To discuss your dispute, call (925) 256-0400, email michael@reiserlaw.com or sean@reiserlaw.com, or use our contact page. Our office is at 1990 North California Blvd, 8th Floor, Walnut Creek, CA 94596.

Attorney advertising. Prior results do not guarantee a similar outcome.

Contacting us does not create an attorney-client relationship. Please do not send confidential information until we have confirmed there is no conflict and agreed to represent you.