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HOA Legal Authority in California

Peters & Freedman, L.L.P., Answer Frequently Asked Questions

What can my HOA legally do to enforce HOA governing documents?

An HOA (homeowners association) has certain duties that may include collecting assessments from all owners to maintain common areas, addressing legal and safety issues, and enforcing restrictions.  The covenants and restrictions in your community's CC&Rs (covenants, conditions, and restrictions) are legally enforceable by the board and often by other homeowners in the community.

What actions can my HOA take against me for rules noncompliance?

If you are noncompliant, the CC&Rs may allow the HOA to levy fines against you or take further legal action to compel your compliance. Furthermore, the HOA board of directors or other members of the association can file a lawsuit against you for money damages, injunctive or declaratory relief.  Legal fees may also be awarded to the prevailing party in any such lawsuit.

What gives my HOA the authority to take action against me?

Giving (and limiting) the authority of an HOA in California to act on noncompliance of HOA regulations is a combination of California state laws and the CC&Rs of your community.  The State of California expressly gives legal authority to the HOA and the association's property owners to enforce your community's CC&Rs.  All homeowners of an association-controlled community are required to be members of the HOA.  This means that you are legally obligated as a member to follow the established rules of the community.

What if I question the rightness or legality of the CC&Rs?

The regulations imposed by your community's CC&Rs must not be unreasonable to be enforceable.  Your HOA’s regulations may be stricter than those of the government bodies, but that does not necessarily make them illegal. If you feel a rule is unfair, you can petition the board, requesting that they consider changing a rule.  Also, you may seek alternative dispute resolution methods, such as arbitration or mediation.

What California laws affect what my HOA can or cannot do about my noncompliance?

Some California Civil Code that may direct or limit your HOA’s authority include the following—

• California requires hearings before an HOA can levy fines.
• California laws require offering of Alternative Dispute Resolution (ADR) prior to filing a lawsuit in many circumstances

Where can I get information on an HOA’s authority?

Places you can look for information regarding California state laws that govern HOAs include—

• Davis Stirling Act :  Civil Code § 1350-1378—a legislative consolidation of laws governing associations
• Subdivision Map Act:  Government Code § 66410-66499
• Subdivided Lands Act:   Business and Professions Code § 11000-11200

Below are other internet resources that provide useful information to HOA board members and common interest development residents:

• Homeowners Association Law at Lawyers.com
• The State of California Department of Real Estate (DRE)
• Executive Council of Homeowners (ECHO) in California
• Community Associations Institute (CAI)

This information provided by the lawyers at Peters & Freedman, L.L.P.:

David Peters attorney
James McCormick lawyer
Simon Freedman attorney