OVERVIEW
California homeowners, including those who live in associations governed by homeowners’ associations (HOAs), are protected against discrimination, retaliation, and harassment by their HOAs under the federal Fair Housing Act (FHA) and California’s Fair Employment and Housing Act (FEHA). These laws prohibit targeting residents based on protected characteristics, punishing owners for asserting their rights, and using enforcement or access rules to intimidate or silence complaints.
This article explains: (a) what conduct qualifies as discrimination, harassment, and retaliation; (b) how to document and prove it; (c) the options for filing with the U.S. Department of Housing and Urban Development (HUD) or the California Civil Rights Department (CRD); (d) when mediation makes sense and when it doesn’t; and (e) when to proceed in court.
For quick-reference summaries, see the companion Fact Sheets entitled: “HOA Discrimination in California: Fair Housing Act (FHA) and FEHA Protections” and “HOA Retaliation in California: Illegal Board Conduct Explained.”
HOA DISCRIMINATION AND RETALIATION LAWS IN CALIFORNIA: FHA AND FEHA EXPLAINED
California homeowners are protected by both federal and state civil rights laws, specifically the FHA and FEHA, when it comes to HOA discrimination, retaliation, and harassment. Together, those laws prohibit HOAs from targeting homeowners because of who they are, interfering with their right to use and enjoy their property, or retaliating when they assert their rights.
The FHA applies nationwide and is enforced through HUD, as well as through both the federal and state courts. It prohibits discrimination based on race, color, national origin, religion, sex, familial status, and disability, and it includes explicit anti-retaliation provisions. While FEHA overlaps with the FHA, it goes further by extending protections to sexual orientation, gender identity and expression, marital status, and source of income. FEHA is enforced by the CRD, which can investigate complaints and impose remedies. FEHA is also enforced by the state courts in California, where homeowners may also bring lawsuits of their own.
Because both statutes apply at the same time, HOA residents in California benefit from one of the most robust housing rights frameworks in the country. This means that an HOA board member who crosses the line, whether by selective rule enforcement, intimidation, or discriminatory policies, can face consequences under both state and federal law. Importantly, these statutes reach not only the HOA entity, but also individual directors and managers who participate in unlawful conduct.
Together, these laws create overlapping protections. An HOA board that engages in discriminatory or retaliatory conduct may violate one or both statutes, exposing the association and individual board members to liability.
WHAT COUNTS AS HOA DISCRIMINATION, RETALIATION, AND HARASSMENT IN CALIFORNIA?
Discrimination, retaliation, and harassment by an HOA are not always obvious. Boards rarely announce outright that they are targeting a homeowner because of race, religion, disability, or another protected characteristic. Instead, these violations usually show up through the way rules are enforced, the way requests are handled, or the way a homeowner is treated after asserting their rights.
- Discrimination. Discrimination occurs when an HOA treats homeowners differently because of a protected characteristic. Examples include refusing to approve a wheelchair ramp, denying a service animal for someone with a disability, selectively enforcing parking or noise rules against families with children, or restricting access to amenities based on religion or national origin.
- Retaliation. Retaliation occurs when an HOA punishes or intimidates a homeowner for exercising their rights. A board might suddenly issue violation notices after the homeowner filed a discrimination complaint, delay or deny maintenance requests following a request for accommodation, or attempt to exclude the homeowner from meetings and community decisions. Both federal and California law make it illegal for HOAs to retaliate against owners who stand up for their housing rights.
- Harassment. Harassment often overlaps with discrimination and retaliation. It can include intimidation, threats, or creating a hostile environment designed to discourage a homeowner from asserting their rights. For example, repeated threats of fines, abusive communications from board members, or a campaign of selective enforcement can all rise to the level of unlawful harassment when tied to protected activity or protected characteristics.
Together, those three categories cover the most common ways HOA boards cross the line from legitimate rule enforcement into unlawful conduct. Recognizing the difference is critical: ordinary disputes over landscaping or paint colors may not trigger fair housing protections, but when the board’s actions target a homeowner because of who they are or because they asserted their rights, federal and state law step in.
HOW TO DOCUMENT AND PROVE HOA DISCRIMINATION, RETALIATION, OR HARASSMENT
Recognizing unlawful conduct is only the first step. To hold an HOA accountable, HOA members need evidence. Courts, gov’t agencies like HUD or the CRD, will not act on vague claims or feelings of unfairness. They look for documentation and other proof that the HOA’s actions targeted the homeowner because of a protected characteristic or because the homeowner exercised a protected right. Careful documentation not only strengthens a homeowner’s case, but can also deter an HOA from continuing improper behavior once it knows that the affected homeowner is tracking its actions.
Key documentation strategies include:
- Written communications. Save letters, violation notices, emails, and text messages from the board or property manager. Language that singles out protected classes or retaliates after a complaint can be powerful evidence.
- Meeting records. Keep copies of board meeting agendas, minutes, and any notes where discriminatory or retaliatory issues were discussed. If you attend, keep your own notes.
- Enforcement patterns. Document when rules are enforced against you but not against similarly situated neighbors. Photographs/videos and written logs of comparable violations by others help show selective enforcement.
- Accommodation and modification requests. If you request a disability-related accommodation (like a service animal or accessibility modification), keep copies of the request, any supporting medical documentation, and the HOA’s response(s).
- Witness statements. Neighbors or guests who observe discriminatory remarks or retaliatory actions can provide written or sworn statements.
- Official complaints. Retain copies of complaints filed with HUD or the CRD. The fact that you invoked those protections can itself show why retaliation later occurred.
Documenting consistently and thoroughly transforms a “he said, she said” conflict into a legally credible case. It shows investigators and courts not only what the HOA did, but also the pattern of why it did it. Strong documentation is often the difference between a claim that stalls and one that succeeds.
HOW CALIFORNIA HOMEOWNERS CAN ENFORCE THEIR RIGHTS AGAINST HOA DISCRIMINATION, RETALIATION, OR HARASSMENT
Once a homeowner has documented discrimination, retaliation, or harassment, the next step is deciding how to enforce their rights. California and federal law provide multiple avenues, ranging from informal resolution to litigation. The choice depends on the seriousness of the misconduct and the homeowner’s goals. What’s important is understanding that homeowners are not powerless: both the FHA and FEHA create enforceable rights that can be pursued in more than one forum.
Enforcement options include:
- Internal efforts. Homeowners may begin by filing a formal complaint with their HOA board by demanding Internal Dispute Resolution (IDR). While IDR is never mandatory for homeowners, it is for HOA boards, and even if you don’t think it will ultimately resolve the issue, it has its own benefits, the most important of which is to put your HOA on notice that you know what they’re doing is illegal and that you’re calling them out on it.
- Administrative complaints. Homeowners have options when it comes to available administrative remedies. Homeowners can, for example, file a complaint with HUD, and HUD may proceed on its own to investigate the claims. HUD might also refer the matter to the CRD under a cooperative agreement that it has with all of the state’s civil rights agencies. The CRD, in turn, can take over the investigation from HUD and can pursue the case on behalf of the homeowner.
- Alternative Dispute Resolution (ADR). Mediation can sometimes resolve disputes more quickly than litigation. While not appropriate for every case, ADR may produce creative solutions and avoid the costs of a lawsuit. [In this context, we are not talking about the type of mediation contemplated in the Davis-Stirling Act at Civil Code § 5930, which applies only to HOA enforcement actions. You can read a quick summary of the finer points of § 5930 in my Fact Sheet: “HOA Dispute Resolution in California: Mediation, Arbitration, and Litigation Explained.”
- Civil lawsuits. Homeowners who wish to pursue claims against their HOAs for discrimination, harassment, or retaliation may sue under the FHA in either federal or California state court. They may also bring FEHA claims directly in the latter court. Remedies can include damages, civil penalties, injunctive relief requiring the HOA to change its policies, and attorney’s fees.
- Criminal referrals. In extreme cases involving threats, intimidation, or violence, homeowners may (and absolutely should) involve law enforcement. For example, if someone trespasses on your property to leave racially motivated hate materials, such conduct might very well violate Penal Code section 11411.
Homeowners should choose the enforcement route that fits their situation, but the key takeaway is that both federal and state law give real teeth to these rights. HOAs that cross the line risk not only fines and penalties, but also court orders and personal liability for directors who engaged in unlawful conduct.
CONCLUDING THOUGHT
Discrimination, retaliation, and harassment by HOAs are not only horribly unfair, it’s illegal under both federal and state law. But, HOA members who face selective enforcement, intimidation, or hostile treatment are far from powerless. By recognizing what conduct crosses the line, documenting it carefully, and pursuing the right enforcement path, homeowners can hold their associations accountable and ensure that they receive equal treatment under the law.
In MBK Chapman’s HOA practice, we focus exclusively on representing homeowners in disputes with their HOAs. We understand how these cases play out in practice, and we know the strategies that work to stop abuse.
If you believe your HOA has crossed the line, call us at MBK Chapman, and we’ll set your HOA straight.