HOA Recalls in California: How Homeowners Can Remove Their HOA Board
Overview In California, homeowners have the legal right to recall their HOA board of directors. The recall process is designed to give members a practical way to hold boards accountable, but strict rules apply. Success requires meeting signature thresholds, following...
California HOA Issues in 2026: AB 130, Insurance, Special Assessments, ADUs, Recalls
Overview California homeowners are entering 2026 facing overlapping crises: AB 130 fine enforcement, rising insurance costs, mounting special assessments, disputes over ADUs, and recall elections. Each of these issues has the potential to spark conflict, lawsuits, and...
Can You Hold HOA Board Members Personally Liable in California?
Overview California law generally protects volunteer HOA board members from being sued individually. But those protections are not absolute. When directors cross the line into gross negligence, fraud, abuse of authority, or intentional misconduct, they can lose their...
HOA Retaliation in California: Illegal Board Conduct Explained
Overview California law protects homeowners not only from discrimination by their HOA, but also from retaliation when they assert their rights. Retaliation occurs when an HOA board takes adverse actions against a homeowner because that homeowner filed a complaint,...
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...
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....
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