Homeowner’s Association Disputes
Homeowner’s associations (HOAs) are increasingly common in California and while a well-managed HOA plays an important role in its community, disputes between the HOA and its members do arise.
Understanding the rules of governing an HOA, or even where to find them can be difficult.
In California, operating under the umbrella of the Davis-Sterling Act, HOAs are regulated by their governing document, which typically includes the HOA’s Articles of Incorporation, Bylaws, and Declaration of Covenants, Conditions and Restrictions. And, in many cases, HOA’s are also subject to local, state, and even federal regulations, such as The Americans with Disabilities Act of 1990 and The Fair Housing Act.
This body of rules and regulations often makes understanding the operations of an HOA and the rights and obligations of its members difficult, particularly where a dispute arises between the HOA and a members or members of the HOA.
Some of the most common of these disputes arise from an HOA’s failure to maintain or repair common areas within a development; improper fines assessed by and against a member, a HOA’s denial of a member’s building application or proposed architectural plan, a HOA member’s violation of the controlling CC&R’s, and through discriminatory practices by the HOA.
Understanding the HOA’s regulating documents and the controlling law goes along way to avoiding most disputes. We help our clients, with the HOA or a member, gain that understanding, and where necessary, we help them enforce or, if necessary, to challenge those rules, to ensure that both the HOA and its members receive the benefits of ownership to which they are entitled.