Overview
California homeowners facing disputes with their HOA sometimes have a choice: file in small claims court or bring a case in superior court (i.e., a “normal” lawsuit). Each forum has strict limits on what types of cases it can handle. Small claims court is designed for money-only disputes under $12,500, while superior court covers larger claims, requests for injunctions, or enforcement actions under the Davis-Stirling Act. Choosing the right forum can save time and money, or if you choose wrong, derail your case. For a full overview of dispute resolution pathways, see my Fact Sheet on “HOA Dispute Resolution in California: Mediation, Arbitration, and Litigation Explained.”
Updated on October 11, 2025.
Key Points
Choosing between small claims court and superior court depends on the type of dispute and the relief you’re seeking. The key distinctions are outlined below.
- Small claims limit. California small claims court covers disputes seeking money damages of $12,500 or less for individuals. When it’s a corporation or LLC who is suing, the limits are lower.
- Only certain types of HOA-related suits are appropriate for small claims. Types of HOA disputes that may be brought in small claims court include: (1) refund of fines that were improperly charged; (2) recovery of repair or maintenance costs the HOA should have covered; (3) reimbursement of modest expenses related to HOA violations; (4) to enforce election rules; or (5) to compel production of document demanded under Civil Code § 5200. There are other provisions in the Davis-Stirling Act that allow suit in small claims, but these are the most common.
- Certain claims are not permitted in small claims court. Under most circumstances, small claims courts cannot: (1) issue injunctions, declaratory, or writ relief (Code Civ. Proc., § 116.220(a)(1)); or (2) order an HOA to enforce its CC&Rs or change policies. However, Davis–Stirling does carve out some narrow exceptions. For example, Civil Code § 5235 expressly allows homeowners to use small claims court to enforce their right to inspect association records. In those cases, the court may award statutory penalties (up to $500 for each wrongful denial) and also order the HOA to produce the records. [Note: While that second remedy looks like injunctive relief, it is better understood as a statutory compliance mechanism built directly into the Davis–Stirling Act, and not the kind of broad injunctive relief that would otherwise fall outside small claims jurisdiction.] Likewise, Civil Code §§ 5100–5145 control elections in HOAs, and under those codes, homeowners may bring suit in small claims court. However, just because the Davis-Stirling Act permits you to sue in small claims court doesn’t mean that you should. The right forum depends on the complexity of the violation and the kind of order the homeowner needs.
- Small Claims Court
- Under Civil Code § 5145, the small claims court may provide equitable and declaratory relief (an exception to the normal limits on small-claims jurisdiction). That means that you could obtain a court order from a small claims judge requiring the HOA to hold an election or fix a procedural defect. Likewise, you could go to small claims court to compel your HOA to turn over documents demanded in a properly noticed Civil Code § 5200 demand.
- But small claims is usually most effective for limited procedural violations. So in the context of an election, while a small claims court may, under the Davis-Stirling Act, be empowered to compel your HOA to give proper notice, mail ballots on time, or count votes accurately, it might not be the best place do those types of things. Small claims court judges are just not as well equipped as superior court judges to enforce orders or provide post-judgment supervision. That might be why bench guides given to California judges caution small claims judges about the challenges of enforcing equitable orders. In those types of cases, therefore, the superior court might be the better option.
- Small Claims Court
- Superior Court jurisdiction. The superior court handles larger money disputes, all enforcement actions (for example, compelling the HOA to follow the law, stop selective enforcement, or produce records beyond the § 5235 context), and any case where equitable relief is sought. The superior court also allows attorney representation, discovery, and the full litigation process.
Understanding these limits can help you avoid filing in the wrong forum, which wastes time and money. By knowing where your case belongs, you can pursue the right remedies and strengthen your position against the HOA.
Cross-reference. See the Fact Sheet on “California HOA Mediation: When ADR Is Mandatory Under Civil Code 5930” for pre-lawsuit mediation rules that may apply before filing in superior court.
About MBK Chapman Fact Sheets
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At MBK Chapman, our Fact Sheets, which are part of our HOA Law Library, are deliberately concise, statute-based, and are designed as quick-reference guides to help California homeowners understand key HOA laws at a glance.
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