Overview
People dealing with mental health conditions are entitled to strong legal protections under both federal and California law. And such protections absolutely apply within the context of HOA governance and HOA living. The (federal) Fair Housing Act (FHA) and the (state) Fair Employment and Housing Act (FEHA) classify a variety of mental health conditions as disabilities when they substantially limit one or more major life activities. That means HOAs must make reasonable accommodations for affected homeowners and cannot harass or discriminate against them.
This Fact Sheet explains the legal protections that mental health conditions are afforded under federal and state law, how HOAs are obligated to work with members suffering from mental health conditions on reaching special accommodations to avoid discipline that might normally follow certain types of behavior, the most common mistakes bad HOA boards from HELL make when handling mental health issues, and the tools homeowners can use to protect themselves.
For a deeper dive, see my HOA HELL podcast episode: “California HOAs and Mental Health: Harassment, Isolation, and Legal Protections.” I’ll provide a link to that episode after it airs in the upcoming days.
Key Points
Here are the essential things California homeowners should know about mental health protections in HOAs:
- Mental health disabilities (or mental health conditions) are legally protected. Under the FHA and FEHA, diagnosed mental health conditions such as schizophrenia, Alzheimer’s, schizophrenia, Tourette’s, depression, anxiety disorders, PTSD, bipolar disorder, and other clinically recognized mental health conditions qualify for protection.
- Reasonable accommodations are required. If reasonable (i.e., doesn’t permit a threat to health or safety), HOA boards must provide reasonable accommodations to sufferers of mental health conditions. Such accommodations might include things like adjusting rules or enforcement procedures where necessary to give disabled homeowners an equal opportunity to use and enjoy their properties. Examples include granting more time to correct a violation, waiving certain procedural hurdles, fast-tracking plans aimed at addressing a problem, or handling communications in a confidential and sensitive way.
- HOAs may not harass or retaliate. HOA boards cannot gossip about a member’s condition, selectively enforce rules against them, or retaliate when an accommodation request is made. Such behavior violates both federal and state law.
- HOAs are not entitled to detailed medical records. HOAs are permitted to request limited verification that a homeowner has a qualifying disability and that the requested accommodation is connected to that disability. However, they are not entitled to demand complete medical files, diagnostic codes, treatment history, or other intrusive personal health details. The law requires only enough information to confirm the need for the accommodation, not a deep dive into your medical background.
- HOAs must honor confidentiality requirements imposed by law. Any medical information a homeowner provides in connection with an accommodation request must remain private. Sharing it with other members or vendors is a breach of fiduciary duty and may itself be discriminatory.
- Records can uncover discrimination. Civil Code 5200 gives homeowners the right to inspect a wide variety of association records. Comparing violation notices and enforcement history can reveal whether the HOA is applying rules evenly or targeting individuals with mental health disabilities. If you’d like to do a deeper dive into your right to HOA documents under Civil Code 5200, see my article, “Forcing HOA Transparency: The Power of Civil Code § 5200 to Demand Records.” You can also tune into an episode of my podcast, HOA HELL, related to that issue: “Your HOA’s Paper Trail: How to Use Civil Code § 5200 to Get Every Document You Need.”
- Options for enforcement. If an HOA refuses to comply, homeowners may try IDR. If that doesn’t work, they should pursue ADR under Civil Code 5930, and if necessary, sue to protect their rights. Courts can invalidate improper fines and award damages for harassment or discrimination. You’ll also be entitled to your attorney’s fees and costs when you prevail.
Accommodations for those dealing with mental health issues in California HOAs are not optional. Both the FHA (federal) and FEHA (state) require HOAs to engage in an interactive process with homeowners facing mental health issues. HOA boards must also avoid harassing members dealing with mental health conditions. When HOAs violate such rights, homeowners should take immediate action to protect their rights, themselves, and their loved ones.
FAQs
Are mental health conditions legally protected in California HOAs?
Yes. The FHA and FEHA treat many mental health conditions as disabilities, requiring HOAs to provide reasonable accommodations.
What counts as a reasonable accommodation for mental health?
There are a lot of options available. But a few might include extra time to cure violations, fast-tracking improvements that could help resolve problems, altering what constitutes a “nuisance” (for that individual), training staff, or flexibility when behavior is tied to a condition.
Can an HOA gossip or retaliate against me for disclosing a mental health condition?
No. Harassment, gossip, or retaliation is unlawful. And HOA board members who violate their sacred duties of confidentiality can be held liable under a variety of legal theories, including intentional infliction of emotional distress, breach of fiduciary duty, and breach of the Davis-Stirling Act.
How can I prove selective enforcement tied to my mental health?
Use Civil Code 5200 to demand access to records showing how similar cases were handled. Unequal enforcement is unlawful.
Can my HOA require me to prove my mental health condition with medical records?
No. HOAs may ask for verification that a disability exists and that an accommodation is necessary, but they cannot demand full medical records, diagnostic codes, or invasive details about your condition.
What should I do if my HOA refuses my accommodation request?
Document the refusal, request IDR. If you don’t want to request IDR, or if IDR fails, then it’s time to hire an attorney, like those at my firm, MBK CHAPMAN, at which point we’ll initiate the pre-litigation ADR process under Civil Code 5930, and if necessary, file suit to enforce your rights.
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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