Overview
California homeowners living in HOA-governed communities have legal rights that boards cannot ignore. When an HOA from HELL (i.e., a bad HOA) fails to follow the law or its own governing documents, or engages in conduct that causes homeowners’ harm, you have the right to take legal action against your HOA, including filing a lawsuit.
This Fact Sheet explains the most common legal reasons a homeowner has for suing their HOA, including violations of the CC&Rs, property damage, negligence, unlawful assessments, breach of fiduciary duty, and discrimination. This Fact Sheet also provides guidance on when litigation may be appropriate versus when other remedies make more sense. Understanding these grounds can help you recognize when your HOA has crossed the line and when legal action may be justified or even necessary to protect your rights.
For quick-reference guides to more on this topic, see my Fact Sheets: “HOA Dispute Resolution in California: Mediation, Arbitration, and Litigation Explained,” “HOA Mediation or Arbitration in California: What Homeowners Need to Know,” and “California HOA Mediation: When ADR Is Mandatory Under Civil Code 5930.”
Key Points
Use this checklist to understand the main legal grounds for suing your California HOA.
- Violation of governing documents. HOAs must follow their governing documents (e.g., CC&Rs, Bylaws, Architectural Guidelines, Rules, etc.). Failure to follow or enforce them consistently, or acting outside their authority, is illegal, and homeowners have a right to take legal action to compel the HOA to do perform its obligations. [And upon prevailing, homeowners will be entitled to their attorney’s fees and costs.]
- Property damage caused by the HOA. If HOA negligence or illegal actions cause damage to your property, you can hold your HOA liable.
- Negligence in maintaining common areas. HOAs have a fundamental legal duty to maintain common areas. When they fail, and it causes injury or property loss, you can hold them liable.
- Improper or unlawful assessments. Special assessments or fee increases must comply with Civil Code requirements. Assessments imposed without following procedure may be challenged in court.
- Unlawful fines or penalties. Boards must follow due process before imposing fines. If they skip steps or act arbitrarily, homeowners can sue to overturn them. AB 130, which went into effect a few months ago, added several new requirements that HOA must abide by. For a quick look at the specific laws that AB 130 changed, see my Fact Sheet “AB 130 in California: Table of Statutory Changes Affecting HOAs and Homeowners.”
- Discrimination or harassment. Federal and state fair housing laws (e.g., FHA, FEHA, etc.) prohibit discrimination based on race, religion, disability, or other protected traits. Harassment or unequal enforcement is absolutely actionable.
- Failure to provide records. Civil Code 5200 requires HOAs to provide access to a wide variety of financial and governance records. A board’s failure to comply is illegal. You can watch an episode of my HOA HELL podcast on that same issue, “Your HOA’s Paper Trail: How to Use Civil Code § 5200 to Get Every Document You Need.”
- Breach of fiduciary duty. All HOA board members owe several duties to their associations and members. Once of those duties is called a “fiduciary duty.” Misuse of funds, conflicts of interest, or self-dealing all constitute a breach of fiduciary duty.
Knowing these grounds does not mean you should immediately sue. In other words, homeowners like you should not rush to court without weighing alternatives. Why? Because lawsuits are expensive and time-consuming. But if your HOA repeatedly violates the law or governing documents, litigation may be the only way to enforce your rights.
FAQs
What are the most common reasons to sue a California HOA?
Homeowners often sue for violations of CC&Rs, board failure to maintain common areas, property damage, unlawful assessments or fines, discrimination, or refusal to provide records.
Can I sue my HOA for not maintaining the common areas?
Yes. HOAs have a variety of duties under the Davis–Stirling Act (e.g., maintaining common areas, enforcing governing documents, etc.). If they fail in any of those duties, homeowners may file a lawsuit.
Can I challenge an HOA special assessment in California?
Yes. HOAs must follow strict procedures set forth in the Davis-Stirling Act before they can impose assessments on the homeowners. If your HOA imposed an assessment without following the required steps, you can sue your board to compel their compliance.
Can I sue my HOA for harassment or discrimination?
Yes. Both the federal Fair Housing Act and California’s Fair Employment and Housing Act prohibit discrimination and harassment based on protected characteristics. While the ADA does not normally apply to HOAs, it does if the HOA opens up any of its amenities to members of the public.
What if my HOA refuses to provide records?
California Civil Code 5200 requires HOAs to provide homeowners with access to a wide variety of documents, including financial records and meeting minutes. When boards play games by refusing to provide you with all the documents to which you’re entitled, you can force their compliance. If you want to take a deeper dive into just how broad your right to HOA documents is, read my article “Forcing HOA Transparency: The Power of Civil Code § 5200 to Demand Records.”
Can I sue board members personally for HOA misconduct?
Sometimes. Board members who breach fiduciary duties through fraud, self-dealing, or gross negligence may be personally liable, though most claims are brought against the association itself. If you want to learn a bit more about this topic, you can read my article “Can You Sue HOA Board Members in California? What Homeowners Need to Know.”
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.
AND DON’T FORGET TO TUNE INTO MY PODCAST, HOA HELL
YOU CAN ALSO ORDER MY GROUNDBREAKING BOOK
HOA HELL | California Homeowners’ Definitive Guide to Beating Bad HOAs
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