How California HOAs Manipulate Reserve Studies and What Homeowners Can Do to Protect Themselves
Overview Reserve studies are supposed to give homeowners an honest picture of whether their HOA has enough money saved for the future repairs and replacements of their HOA’s major common area assets (or components). Under the Davis-Stirling Act, HOAs must conduct...
California HOA Reserve Study Requirements: How Often They’re Required and What Must Be Included
Overview Under the Davis-Stirling Act, every California HOA must prepare a reserve study at least once every three years (Civil Code 5550). These studies are required to make sure the association sets aside enough money for major repairs and replacements of the HOA’s...
HOA Recall Election in California: Step-by-Step Guide for Homeowners
Overview Once a valid recall petition is submitted, California law requires the HOA to schedule and conduct a recall election. This election must follow strict procedures under Civil Code 5100 and related sections. Boards often try to control the process, but when...
HOA Recall Petition in California: Signature Rules and Requirements
Overview In California, the recall petition is the document that forces an HOA board to schedule a recall election. It is not an informal letter of complaint. Rather, it is a legally binding demand under both the Davis-Stirling Act and the California Corporations...
AB 130 in California: Table of Statutory Changes Affecting HOAs and Homeowners
Overview AB 130 made several important changes to California law that affect property owners, and more particularly, HOA members and boards. In this Fact Sheet, I provide a table that summarizes the statutes amended or added by AB 130 and the nature of those changes....
How to Prove Selective Enforcement in California HOAs
UPDATED ON NOVEMBER 5, 2025 TO INCLUDE ADDITIONAL SELECTIVE ENFORCEMENT-RELATED Q&As Overview Selective enforcement occurs when HOA boards apply rules inconsistently, punishing some homeowners while overlooking identical violations by others. California law...
Examples of Selective Enforcement in California HOAs: Uneven Rule Enforcement
Overview Selective enforcement occurs when an HOA board applies rules inconsistently, penalizing some homeowners while ignoring identical violations by others. This practice isn’t just unfair, it is illegal under the Davis-Stirling Act (Civil Code 4350). Homeowners...
Selective Enforcement in California HOAs: What It Is and Why It’s Illegal
Overview Selective enforcement occurs when an HOA board applies rules inconsistently, penalizing some homeowners while ignoring identical violations by others. This practice isn’t just unfair. It's illegal under the Davis-Stirling Act (Civil Code 4350). When boards...
HOA Reserve Studies in California: Understanding the “Percent Funded” Number
Overview Every HOA in California must prepare a reserve study every three years and disclose a written summary of reserve funding every year. These requirements exist to ensure long-term maintenance and repairs of the HOA’s major components are planned and funded, and...
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...
CONTACT US
MBK Chapman PC can help
OFFICE
120 VANTIS DRIVE, SUITE 500
ALISO VIEJO, CA 92656