Overview
California’s Davis-Stirling Act governs over 50,000 HOAs across California, but enforcement disputes and board overreach are all too common. Unfortunately, homeowners often wait too long to involve legal counsel, not realizing that early intervention can prevent mistakes, preserve evidence, and resolve conflicts before they escalate.
This Fact Sheet explains the key situations where contacting an HOA attorney is not only wise, but quite essential.
For a quick-guide on how to choose the right attorney when you’re facing a dispute with your HOA, see my Fact Sheet “How to Choose the Right HOA Lawyer in California: Experience, Costs, and Davis-Stirling Expertise.”
Key Points
When should California homeowners bring in an HOA attorney? The following points highlight the most important situations where you should absolutely seek the help of an experienced California HOA attorney:
- Disputes over fees and assessments. Attorneys can confirm whether charges are authorized by the governing documents (e.g., including, most importantly, your HOA’s CC&Rs) or are unlawfully disguised fines running afoul of AB 130. An attorney’s review ensures you are not paying assessments or charges that the law does not permit.
- Improper or excessive fines. AB 130 (including revisions that law made to Civil Code 5850 and 5855 impose strict requirements for notices, hearings, and fine schedules. Violations like these, especially in the face of the serious ambiguities plaguing AB 130, are often too complex for laypeople. Homeowners should rely on an experienced HOA attorney to determine whether fines are legally valid and to challenge improper penalties.
- Rule enforcement and architectural restrictions. Selective enforcement or failure to follow statutory procedures may invalidate board actions. These issues are complex and more often than not require the expertise of an HOA attorney familiar with the ins and outs of the Davis-Stirling Act. Such an attorney with the right kind of experience can identify when a board has overstepped and help secure approval or relief that bad HOAs try to deny.
- Board misconduct and breach of fiduciary duty. HOA boards owe fiduciary duties to their members, and breaches can result in neglected maintenance, ignored safety hazards, or financial mismanagement that harms property values. An experienced HOA attorney can compel boards to meet their obligations, and when necessary, pursue remedies on your behalf for damages caused to you by board misconduct.
- Denial of rights and records. Civil Code 5200 et seq. guarantees homeowners absolute access to critical documents, including financial records, minutes, and contracts. When boards refuse or delay a properly written 5200 demand, it is more than an inconvenience. It is a serious violation of the Davis-Stirling Act, and it’s a direct attack on you rights to track what your HOA is doing with your money. Attorneys with expertise in the Davis-Stirling Act can enforce your right to information and hold boards accountable for withholding records. If you’d like to learn more about your rights under Civil Code 5200, read my article “Forcing HOA Transparency: The Power of Civil Code § 5200 to Demand Records.” You can also watch a podcast on that topic on my podcast channel, HOA HELL, by clicking on “Your HOA’s Paper Trail: How to Use Civil Code § 5200 to Get Every Document You Need.”
- Escalating conflicts and ADR. On some occasions, alternative dispute resolution (ADR) is required before a lawsuit involving your HOA or a neighbor can be filed (Civil Code 5930). Homeowners who wait too long to involve an attorney often lose leverage during these early stages. With an attorney’s guidance, ADR become powerful tools to resolve disputes strategically while preserving the right to sue if necessary.
Together, these points show that involving an HOA attorney is not about being adversarial. Rather, it’s about protecting your rights and protecting the value of your home.
FAQs
When should I contact a California HOA attorney if I get a violation notice?
You should speak with an attorney as soon as you receive the notice, and definitely before the hearing date. The Davis-Stirling Act gives you rights to notice and an opportunity to be heard, and an attorney can make sure you present the right evidence and preserve your defenses.
Can my HOA fine me more than $100 after AB 130?
AB 130 capped fines at $100 per violation. Some bad HOAs are experimenting with ways to get around AB 130, including by attempting to recharacterize what amounts to fines as other types of “fees.” An attorney can evaluate whether your board’s actions are legal and stop attempts to exploit loopholes.
What if my HOA refuses to give me financial records in California?
Civil Code 5200 et seq. requires HOAs to provide access to financial records, minutes, membership lists, and contracts. If your board ignores or delays your demand, an attorney can force compliance and pursue penalties for violations of the Davis-Stirling Act.
Can my HOA board ignore its own governing documents?
No. CC&Rs, bylaws, and rules adopted in compliance with the Davis-Stirling Act (including Civil Code 4350, 4360, or 4765) are binding. If your board enforces selectively or acts outside of its authority, an HOA attorney can challenge those actions and obtain relief.
Why do I need an attorney to represent me during ADR with my HOA?
A formal ADR demand written under the Davis-Stirling Act (Civil Code 5925 to 5940) triggers real legal obligations and deadlines that “normal” demand letters do not. Mediation with your HOA often involves significant dollars, complex rules, and potential fee-shifting. Going in without counsel risks giving up leverage, missing procedural requirements, or settling on weaker terms than the law would otherwise support.
Do I really need an attorney if the HOA only fined me once?
No. But bad HOA boards who issue fines unfairly often escalate from, say, a $100 fine, to further enforcement or even lien threats. An attorney can intervene early to prevent things from snowballing.
What happens if my HOA refuses to participate in ADR?
For many HOA disputes, a party must first attempt ADR before filing a lawsuit (Civil Code 5930). If a party refuses to offer or engage in ADR when ADR is required, the court may reduce that party’s attorney-fee recovery even if they later win (Civil Code 5960, 5975(c)). The plaintiff also has to file a certificate showing ADR was completed or refused (Civil Code 5950). If that certificate is missing, the defendant can have the court freeze the lawsuit and get the case tossed until the refusing party complies.
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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