...

California Homeowners:

Rise Against Injustice

4.6

100+ Reviews

Find Out How Much Your Case is Worth

Schedule a Consult - Dark

4.6

100+ Reviews

The Lawyers HOAs Fear:

Jury Verdict
$ 10 M+

For Serious Neighbor Misconduct

Settlement
$ 2.2 M+

For HOA Pipe Leak

Settlement
$ 825 K

For HOA Water Intrusion

Judgment
$ 800 K

For Neighbor Harassment

Settlement
$ 485 K

For HOA Failed Repairs

Settlement
$ 400 K

For Termite Damage

Do You Have a Case?

If you’re experiencing any of these situations, you have legal options to fight for your rights—and your HOA might even pay your legal fees if you win.

Failure to Repair
CC&R Violations
Harassment & Discrimination
Common Area Disputes
Selective Enforcement
Negligence
Breach of Fiduciary Duties
Solar Disputes
Failure to Repair
  • Roof damage
  • Exterior and siding damage
  • Failure to paint
  • Termite tenting/abatement
  • Upkeep of amenities (e.g., pools, tennis courts, clubhouses, etc.)

CC&R Violations
  • Architectural provisions
  • Pet Restrictions
  • Short-term rentals
  • Solar panels
  • Accessory Dwelling Units (e.g., ADUs, mother-in-law suites, granny units)

Harassment & Discrimination
  • Failure to conduct a proper investigation
  • Failure to comply with notice and hearing requirements
  • Excessive fines (including late fees and attorney’s fees)
  • Nightmare neighbors

Common Area Disputes
  • Exclusive use maintenance and repair obligations
  • Refusal to repair patios and balconies
  • Refusal to be accountable for common area plumbing leaks
  • Shared-wall disputes
  • Foundation repair
  • Failure to maintain slope or repair associated damage
Selective Enforcement
  • Preferential treatment
  • Ignorance of specific rules
  • Harassment
Negligence
  • Failure to comply with Davis-Stirling
  • Failure to repair and maintain common areas
  • Property damage
  • Misuse of HOA funds
Breach of Fiduciary Duties
  • Misuse of HOA funds
  • Inappropriate vendor/contractor bidding and selection
  • Preferential treatment of board members
  • Self-dealing
  • Diminished property values
Solar Disputes
    • Denying approval for solar panel installations
    • Imposing unreasonable restrictions on solar use
    • Delaying solar application reviews
    • Violating California Civil Code 714 protections

What Are Your Legal Options?

You need an attorney who knows how to choose the smartest legal path. We can guide you through the pros and cons of each to reach your objective.

5 Reasons Set Us Apart

Real Results

Our verdicts and settlements speak for themselves.

Smarter Strategy

Strategy and tech win the battle , not size and legacy.

Hands-On Partners

Our partners work the case, not just the pitch.

Your Goals First

We fight for your definition of success, not ours.

Honest Opinions

You’ll get the truth. Even if we’re not the ones to hire.

How to Choose the Best Attorney?

A good lawyer is the difference between winning and losing. Protect your rights by choosing attorneys who:

Frequently Asked Questions

What happens next after I fill out the contact form?

After receiving your form, our Client Services team reviews your information. We’ll then match you with the attorney best suited to your case and reach out directly to schedule your consultation.

When should I expect a callback after contacting you?

We typically respond within 1–2 business days. If it’s over a weekend or holiday, it may take slightly longer.

Who will be calling me?

A member of our Client Services team will contact you first. They'll explain our consultation process and help you schedule your appointment with the attorney.

What should I expect during my initial consultation?

Your initial consultation is a chance for us to understand your situation, clearly outline your legal options, and help you determine your best next steps.

What are my rights if my HOA is acting unfairly or abusively?

California law protects homeowners from HOA misconduct. If your HOA enforces rules unfairly, discriminates, or mismanages funds, you may have legal remedies under state law.

Can I sue my HOA in California?

Yes. You can sue if your HOA violates the Davis-Stirling Act, breaches fiduciary duties, violates the CC&Rs, or acts outside its authority. Some cases require pre-litigation efforts like offering to mediate.

What is the Davis-Stirling Act, and how does it protect me?

The Davis-Stirling Act governs how California HOAs must operate. It regulates elections, meetings, notices, financial practices, and homeowner rights. We use it to hold HOAs accountable when they break the law.

Is my HOA allowed to fine me without proper notice?

No. In California, HOAs must give you notice and a hearing opportunity before issuing fines or penalties under the Davis-Stirling Act.

Can my HOA prevent me from renting out my home?

Only if rental restrictions are clearly listed in your governing documents—and even then, newer California laws limit how and when HOAs can impose rental bans or caps.

What if my HOA blocks me from installing solar panels?

California law (Civil Code §714) prohibits HOAs from unreasonably restricting solar energy systems. You have strong protections to install solar with minimal interference.

Can the HOA force me to remove plants, décor, or personal property?

Only if clear rules exist and are applied equally to everyone. Selective or vague enforcement can be challenged under California law.

Who is responsible for fixing shared walls, roofs, or plumbing systems?

Responsibility depends on whether the area is classified as a "common area" or "exclusive use common area" in your HOA documents. We help homeowners enforce these rights.

What if my HOA refuses to maintain common areas and it causes damage?

If your HOA neglects its maintenance duties and damages your property, you can sue for breach of fiduciary duty or failure to maintain common areas under California law.

Do I have to try mediation before suing my HOA?

Yes. Under the Davis-Stirling Act, you usually must attempt Internal Dispute Resolution (IDR) or Alternative Dispute Resolution (ADR) before filing a lawsuit against your HOA.

Can LPC help even if I’m unsure I need legal representation?

Absolutely. We offer honest evaluations to help you decide if hiring an attorney is your best move.

Get in touch

Find Out How Much Your Case Is Worth

Schedule a Consult - Primary

This website, and its contents, conveys general information about Lubin Pham + Caplin LLP. It should not be relied upon as legal advice. It is not an offer to represent you, nor is it intended to create an attorney-client relationship. Lubin Pham + Caplin LLP does not sponsor, endorse, verify, or warrant the accuracy of the information found at external sites or subsequent links.

Find Out How Much Your Case is Worth

Schedule a Consult - Dark