Overview
California law protects homeowners not only from discrimination by their HOA, but also from retaliation when they assert their rights. Retaliation occurs when an HOA board takes adverse actions against a homeowner because that homeowner filed a complaint, requested an accommodation, demanded records, or otherwise exercised a legal right. Recognizing retaliation is important because it is illegal and can expose both the HOA and individual board members to serious liability. For related protections, see our Fact Sheet: “HOA Discrimination in California: Fair Housing Act (FHA) and FEHA Protections.”
Key Points
Retaliation often looks like ordinary rule enforcement, but the key difference is the board’s motive. When enforcement or penalties are triggered by a homeowner’s protected activity, that conduct may be unlawful retaliation.
- What retaliation means. Under the federal Fair Housing Act (FHA) and California’s Fair Employment and Housing Act (FEHA), HOAs cannot punish or harass homeowners for exercising their anti–discrimination-related rights guaranteed to them by federal and state law. Protected activities include filing discrimination complaints, requesting reasonable accommodations or modifications, or participating in an investigation or proceeding.
- Examples of more common retaliatory conduct by HOAs. Although HOAs retaliate against homeowners who have stood up for the constitutional rights in a variety of ways, the most common forms of retaliation include:
- Issuing sudden fines or violations after a homeowner requests records or files a complaint.
- Selectively enforcing rules against a homeowner who challenged the board while ignoring similar violations by others.
- Delaying or denying maintenance requests in response to protected activity.
- Harassment or intimidation by board members or property managers aimed at discouraging further complaints.
- Legal protections. The FHA prohibits retaliation against individuals who oppose housing discrimination or help enforce housing rights. Likewise, California’s FEHA offers overlapping protections, with enforcement by the California Civil Rights Department (CRD). Both statutes allow homeowners to seek remedies through administrative complaints, mediation, or lawsuits.
- Consequences for HOAs. HOAs, and individual board members, who engage (or participate) in illegal retaliation face a variety of serious consequences, including civil penalties, damages, or injunctive relief requiring the HOA to stop retaliatory conduct. Courts may also order systemic policy changes or training for boards that engage in retaliation.
Retaliation by HOAs is prohibited under both federal and California law. Boards or individual board members that target homeowners for exercising their rights risk serious legal consequences (and in the case of board members, personal liability). For a broader discussion that also covers discrimination and harassment, see our Article: “HOA Discrimination, Retaliation, and Harassment in California: Homeowners’ Rights Under Federal and State Law.”
FAQs
What is HOA retaliation in California?
HOA retaliation happens when a board takes adverse actions against a homeowner because the homeowner exercised a legal right, such as filing a discrimination complaint, requesting records, or seeking a reasonable accommodation.
What laws protect homeowners from HOA retaliation?
The federal Fair Housing Act (FHA) and California’s Fair Employment and Housing Act (FEHA) both prohibit retaliation. These laws make it illegal for HOAs to punish homeowners for filing complaints, requesting accommodations, or participating in investigations related to discrimination.
What are common examples of HOA retaliation?
Common forms of retaliation include issuing sudden fines after a homeowner requests records, selectively enforcing rules against someone who filed a complaint, delaying or denying maintenance requests, or board members engaging in harassment or intimidation.
Can individual board members be held personally liable for HOA retaliation?
Yes. Both the HOA as an entity and individual board members who participate in retaliation can face personal liability, including damages and civil penalties.
How can a homeowner enforce their rights against HOA retaliation?
Homeowners can file a complaint with the U.S. Department of Housing and Urban Development, file with the California Civil Rights Department, or pursue mediation or lawsuits in court. Remedies can include damages, fines, injunctive orders, and systemic policy changes.
What are the consequences for an HOA that engages in retaliation?
HOAs that retaliate can be ordered to stop the conduct, pay damages, face civil penalties, and implement policy changes or training programs. Individual board members may also be held personally liable.
About MBK Chapman Fact Sheets
Homeowners searching for answers online will often come across articles that appear authoritative, but are actually written as search-engine marketing content rather than by an experienced HOA lawyer. These pieces tend to prioritize keyword density over clarity, accuracy, or legal context, which often leaves homeowners more confused than informed.
At MBK Chapman, our Fact Sheets are part of our HOA Law Library and are written by Michael Kushner, an HOA lawyer with decades of hands-on experience representing California homeowners. In fact, Michael Kushner is the HOA lawyer who pioneered the systems and strategies used by some of California’s most successful homeowner-side HOA law firms.
Each Fact Sheet is deliberately concise, statute-based, and designed as a quick-reference guide to help homeowners understand key HOA laws and enforcement rules at a glance.
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