HOA Architectural Review Committees in California: Civil Code 4765 and Owner Rights
Overview Understanding the role that an Architectural Review Committee (ARC) plays in a California HOA can be very confusing. For one thing, such committees are not always called ARCs. Sometimes you’ll see the term Architectural Control Committee (ACC), and sometimes...
How to Prepare for IDR With Your California HOA and What to Expect When You Get There
Overview California’s Internal Dispute Resolution process, known as IDR, is governed by Civil Code 5910-5915 and is part of California’s Davis-Stirling Act. HOAs are required to provide a “fair, reasonable and expeditious” process to resolve disputes between the HOA...
Denied by Your California HOA? How to Challenge or Appeal Architectural Decisions
Overview When your HOA denies your architectural application, whether for a remodel, addition, or even a simple exterior change, it can feel personal. But California law does not allow HOAs to act on personal preference. Under Civil Code 4765 of the Davis-Stirling...
What to Do When Your HOA Violates California’s Open Meeting Act
Overview California’s Open Meeting Act, found within California’s Davis-Stirling Act, is the primary law that governs how HOA boards in California must conduct their board business. It requires that meetings be open to all members, that notices and agendas be provided...
California HOA Open Meeting Act: Homeowner Rights and Board Obligations
Overview The Davis-Stirling Act includes within it a set of Civil Code sections euphemistically called the Open Meeting Act (Civil Code 4900–4955). These laws are designed to keep HOA boards transparent and accountable to the association’s members by ensuring that HOA...
California Condo Declared “Unavailable” by Fannie Mae and How HOAs Can Fix the Problem
Overview If your condo loan just collapsed because the condo project that you’re looking to buy into is flagged as “Unavailable” in Fannie Mae’s system, you already know what that means: no conventional loan, no conforming financing, and a deal that’s suddenly dead....
New California Laws for 2026: What Employers, HOA Members, and Landlords Need to Know
Overview UPDATED ON 12/23/25 Here we are again. Another year, another round of new laws from our industrious hive in Sacramento. Every January, business owners, landlords, and HOA members brace for the latest batch of mandates, prohibitions, and procedural...
How to Appeal a California HOA Judgment: What Homeowners Need to Know
Overview Losing an HOA lawsuit can be frustrating and expensive. But if you think that the trial court got it wrong, and if the issue is important enough to you, then you’ll be glad to hear that just because a trial court issues a final judgment against a homeowner,...
HOA HELL: The Only California Homeowner’s Guide On How to Fight Back Against Your HOA and Win
HOA HELL | CALIFORNIA HOMEOWNERS’ DEFINITIVE GUIDE TO BEATING BAD HOAs OVERVIEW For far too many California homeowners, the idea of living in an HOA starts with promise and ends with frustration. What begins as an effort to preserve property values too often turns...
When Can a California HOA Raise Assessments Without a Vote?
Overview Assessments are the lifeblood of every HOA in California. They fund critical things like insurance, reserves, and management, to common area maintenance, repairs, and replacements. Your HOA’s assessments come in two forms: regular (annual or monthly dues) and...
California Neighbor Tree Disputes: Damages, Attorney’s Fees, and HOA Involvement
Overview This Fact Sheet picks up where “California Neighbor Tree Disputes: Your Rights on Encroaching Branches and Roots” left off. That earlier Fact Sheet explained how to handle a neighbor’s encroaching trees and your rights to use “self-help” to cut back or...
Who Pays for California HOA Common Area Repairs? Understanding Civil Code 4775
Overview When something breaks in your HOA’s common areas (e.g., a leaking roof, a rotted balcony, or a burst pipe), the first question a lot of homeowners ask is, “Who’s responsible for paying for this?” The answer isn’t always what your board claims. Under Civil...
California HOA Architectural Guidelines: What Boards Can and Can’t Control
Overview Architectural guidelines are one of the most misunderstood, and frequently abused, tools HOAs from HELL (i.e., bad HOAs) use to control how homeowners modify their properties. These rules were originally meant to preserve design consistency and property...
California HOA Architectural Approvals: What Civil Code 4765 Really Requires
Overview Architectural approvals are one of the most common (and most abused) sources of conflict between California homeowners and their HOAs. Whether you’re replacing windows, adding a patio cover or pergola, or updating your landscaping, most HOAs require prior...
Understanding the Davis-Stirling Act: Key Rights for California Homeowners
Overview The Davis-Stirling Act is the foundation of California HOA law. Found in Civil Code 4000–6150, the Davis-Stirling Act governs nearly every aspect of HOA life from how boards operate to how homeowners vote, pay assessments, and resolve disputes. Because these...
California HOA Election Rules and Homeowner Rights
Overview California’s HOA elections are governed by Civil Code 5100–5145, which are part of the Davis-Stirling Act, and which set rules for fair nomination, voting, and ballot handling. These election-related procedures are highly complex, interwoven with multiple...
California HOA Board Conflicts of Interest: What Homeowners Should Know
Overview Conflicts of interest arise when an HOA director’s personal or financial interests intersect with the director’s judgment as to what is best for the HOA as a whole. California law addresses these in two several places, including Civil Code 5350(b) (no voting...
Finding the Best HOA Lawyer in California
Overview If you live in a community governed by an HOA, then you already understand how much power your association holds over your home, your property value, and your quality of life. A well-run HOA can maintain order and protect property values. But a bad HOA (i.e.,...
Settling a California HOA Lawsuit: What Happens After You File in Court
Overview Once litigation begins, the rules for settling a dispute with your HOA change dramatically. At this stage, negotiations take place under the supervision of the court and are governed by procedural rules that don’t apply before a lawsuit is filed. Settlements...
California HOA Disputes and Settlement Before Litigation
Overview Most HOA disputes between California homeowners and their HOAs (or fellow homeowners) never reach a courtroom. The Davis-Stirling Act encourages homeowners and associations to attempt to resolve disagreements without having to file a lawsuit, either through...
CONTACT US
MBK Chapman PC can help
OFFICE
120 VANTIS DRIVE, SUITE 500
ALISO VIEJO, CA 92656