HOA Discrimination in California: Fair Housing Act (FHA) and FEHA Protections
Overview Homeowners in California are protected by both federal and state fair housing laws. These laws prohibit homeowners’ associations (HOAs) from discriminating against residents based on race, religion, disability, and other protected characteristics. California...
What Is a Common Interest Development (CID) in California? Definition and Types of HOAs
Overview Most California homeowners who live in a community association are part of a common interest development (CID). A CID is a type of residential community where each owner holds title to an individual unit or lot, while also sharing ownership or usage rights in...
California HOAs and Corporate Law: How the Nonprofit Mutual Benefit Corporation Law Applies
Overview Most California HOAs are governed by the Davis–Stirling Common Interest Development Act. At the same time, most, but not all, HOAs governed by the Davis-Stirling Act have chosen to incorporate as nonprofit mutual benefit corporations. Those HOAs are therefore...
HOA Dispute Resolution in California: Mediation, Arbitration, and Litigation Explained
Overview Disputes between California homeowners and their HOAs can be resolved in several different ways. Some conflicts can be addressed informally through Internal Dispute Resolution (IDR), while others must go through Alternative Dispute Resolution (ADR) before a...
HOA Mediation or Arbitration in California: What Homeowners Need to Know
Overview Disputes between California homeowners and their HOAs can be resolved in several different ways. Some conflicts can be addressed informally through Internal Dispute Resolution (IDR), while others must go through Alternative Dispute Resolution (ADR) before a...
California HOA Mediation: When ADR Is Mandatory Under Civil Code 5930
Overview Civil Code 5930 requires an offer of Alternative Dispute Resolutions (ADR), typically mediation, before certain HOA enforcement lawsuits are filed. ADR is legally required only in defined situations, and is therefore optional in all others. Regardless, ADR is...
California HOA Small Claims Court or Superior Court: Which Forum Is Right for Your Dispute?
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...
California HOAs and Political Signs: What Civil Code 4710 Says About Your Free Speech Rights
TRIGGER WARNING FOLLOWING CHARLIE KIRK'S MURDER TO MY READERS: I wrote this article more than two weeks before the tragic and horrifying events of September 10, 2025, in which Charlie Kirk was murdered. We are deeply saddened and outraged by this cowardly act of...
California HOA Political Signs: What Civil Code 4710 Means for Homeowners
HOA POLITICAL SIGNS IN CALIFORNIA: FREE SPEECH RIGHTS VS. HOA AUTHORITY OVERVIEW Few issues spark more conflict in HOA communities than signs and banners containing political and social expression. A Trump campaign sign, a Pride flag, or a Black Lives Matter poster...
Can California HOAs Block ADUs? What the Law Says About HOA Restrictions on ADU Construction
Overview Can California HOAs block ADUs? The short answer is no. California law, especially Civil Code 4751, prohibits associations from adopting or enforcing rules that unreasonably restrict Accessory Dwelling Units (“ADUs”) or Junior ADUs. While limited California...
Can California Homeowners Recover Attorney’s Fees in HOA Lawsuits?
Overview Homeowners can recover attorney’s fees in California HOA lawsuits when they prevail in an enforcement action under Civil Code 5975(c). Attorney’s fees under Civil Code 5975 in HOA disputes are fee-shifting, awarding reasonable fees to the prevailing party....
California’s AB 130: Why the $100 Fine Cap Is Already Causing Chaos
AB 130 IN CALIFORNIA: EARLY PREDICTIONS OF HOA CHAOS ARE ALREADY COMING TRUE OVERVIEW When California lawmakers passed AB 130 earlier this year, they sold it as a way to rein in excessive HOA fines. By capping fines at $100 per violation, the Legislature claimed it...
CC&Rs Explained: The Only Parts You Need to Read
READING CC&RS: A CALIFORNIA HOMEOWNER’S GUIDE OVERVIEW For California homeowners living in HOA-governed communities, the Covenants, Conditions, and Restrictions (commonly referred to as the CC&Rs) that govern their HOAs feel impenetrable. They are long, dense,...
Can I Recover My Attorney’s Fees If I Sue My HOA in California?
CAN I RECOVER MY LEGAL FEES IF I SUE MY HOA IN CALIFORNIA? OVERVIEW Under what's called the "American Rule," California's Davis-Stirling Act awards the winning party in most HOA-related lawsuits their reasonable attorney's fees and costs. This means that if you (or...
HOA Recalls in California: The Power to Remove Your HOA Board
CALIFORNIA HOA RECALL: HOW HOMEOWNERS CAN REMOVE THE BOARD OVERVIEW In California, few tools are as decisive, and as underused, as the HOA recall. When a homeowners association board stops following the law, ignores the membership, or simply refuses to act in the...
How to Deal with a Bad HOA Management Company in California: Your Legal Rights and Options
HOW TO DEAL WITH A BAD HOA MANAGEMENT COMPANY IN CALIFORNIA: YOUR LEGAL RIGHTS AND OPTIONS OVERVIEW Even though HOA boards are the only legal authority in an HOA, in a lot of associations in California, it doesn’t quite work that way. Too often, much of the day-to-day...
AB 130’s “Financial Commitment” Loophole: Why It’s a Problem
AB 130’S “FINANCIAL COMMITMENT” PROVISION IS A DISASTER OVERVIEW AB 130 added new language to Civil Code 5855 that lets homeowners avoid a disciplinary hearing altogether by curing the violation before the meeting, or, when the cure cannot reasonably be completed...
What to Do If Your HOA Delays or Ignores Your ADU Application
WHAT SHOULD YOU DO IF YOUR HOA DELAYS YOUR ADU APPLICATION? OVERVIEW California law gives homeowners broad rights to build Accessory Dwelling Units (“ADUs”), but that doesn’t stop some HOAs from intentionally dragging their feet or putting up roadblocks to delay the...
Can My California HOA Legally Block an ADU?
CAN MY CALIFORNIA HOA STOP ME FROM BUILDING AN ADU ON MY PROPERTY? OVERVIEW As California pushes for more housing density through Accessory Dwelling Units (“ADUs”), many homeowners are hitting an unexpected wall: their HOA. Even though California law now guarantees...
Can a California HOA Deny Your Remodel? What the Law Actually Says About Architectural Approvals
HOA ARCHITECTURAL APPROVALS IN CALIFORNIA: WHAT THE LAW REQUIRES AND HOW TO FIGHT BACK OVERVIEW HOA architectural approvals are one of the most common and abused sources of conflict between California homeowners and their boards. Whether you’re replacing windows,...
CONTACT US
MBK Chapman PC can help
OFFICE
120 VANTIS DRIVE, SUITE 500
ALISO VIEJO, CA 92656