Can I sue my HOA in California?

Yes. California law — including the Davis-Stirling Act — gives homeowners powerful tools to sue their HOA for misconduct such as failure to repair, selective enforcement, discrimination, CC&R violations, and breach of fiduciary duty. In many cases, if you win, your HOA may be required to pay your attorney's fees.

What is the Davis-Stirling Act?

The Davis-Stirling Common Interest Development Act is the primary California law governing homeowners associations. It establishes the rights and obligations of HOAs and their members, including maintenance duties, notice and hearing requirements, fine procedures, and dispute resolution processes.

Will my HOA have to pay my attorney's fees if I win?

In many California HOA disputes, yes. The Davis-Stirling Act contains fee-shifting provisions that can require the HOA to pay a prevailing homeowner's legal fees. This depends on the nature of the claim and the outcome of the case.

What types of HOA disputes does Lubin Pham + Caplin handle?

Lubin Pham + Caplin LLP handles a full range of California HOA disputes including failure to repair common areas, CC&R violations, harassment and discrimination, common area negligence, selective enforcement, breach of fiduciary duty by board members, solar panel disputes, and general HOA negligence.

How much has Lubin Pham + Caplin recovered for homeowners?

Lubin Pham + Caplin LLP has recovered over $23 million for California homeowners, including a $10M+ jury verdict for serious neighbor misconduct, a $2.2M settlement for an HOA pipe leak, and a $2M settlement for common area drainage and foundation damage.

California HOA Attorney · Davis-Stirling Experts

California Homeowners: Rise Against Injustice

Your HOA has an army of lawyers. You deserve an HOA attorney who fights back. We're the #1 homeowners' attorneys in California — aggressive and experienced Davis-Stirling litigators. Your HOA may be required to pay your legal fees if you win.

Unfair Treatment Excessive Fines Failed Repairs Neighbor Harassment Misuse of HOA Funds Davis-Stirling Violations CC&R Violations HOA Discrimination

Schedule a Consultation → 1-877-4-BAD-HOA

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Verdicts & Settlements

#1 Homeowners' Attorneys

Davis-Stirling Experts

Aggressive HOA Lawyers

Fight Discriminatory HOAs

Millions $ Recovered

Winning Track Record

Strategic & Innovative

Consistent & Reliable

Do You Have a Case?

If You're Experiencing This, You Have Rights

California law — including the Davis-Stirling Act — gives homeowners powerful tools to fight HOA misconduct. In many cases, a winning homeowner can have their attorney's fees paid by the HOA.

Common Examples

Roof damage left unrepaired
Exterior and siding deterioration
Failure to paint common areas
Termite tenting / abatement failures
Neglected pools, courts & clubhouses

Your Rights

HOA has a legal duty to maintain common areas
Failure to repair can result in damages claim
Davis-Stirling imposes specific repair timelines
HOA may owe attorney's fees if you prevail

Common Examples

Architectural & design disputes
Unlawful pet or rental restrictions
ADU / short-term rental blockages
Solar panel denials or restrictions

Your Rights

CC&Rs can be challenged if unreasonable
HOA cannot enforce illegal restrictions
Courts can invalidate overreaching rules

Common Examples

Failure to investigate homeowner complaints
Violations of notice & hearing requirements
Excessive, retaliatory fines
Nightmare neighbor situations

Your Rights

HOA must follow Fair Housing Act protections
Discrimination based on protected class is illegal
Civil rights violations carry significant damages

Common Examples

Refusal to repair patios & balconies
Unresolved common area plumbing leaks
Foundation & slope damage ignored
Shared-wall disputes

Your Rights

HOA controls common area maintenance
Exclusive use areas have repair obligations
Property damage from neglect is recoverable

Common Examples

Board members given preferential treatment
Rules enforced only against certain owners
Harassment masked as rule enforcement

Your Rights

HOA must enforce rules uniformly
Selective enforcement is a Davis-Stirling violation
Victims can recover damages and fees

Common Examples

Misuse or theft of HOA reserve funds
Improper vendor/contractor selection
Self-dealing board members
Decisions that diminish property values

Your Rights

Board members owe fiduciary duties to all owners
Breach can result in personal liability
Homeowners can sue for recovery of funds

Common Examples

Denied approval for solar installation
Unreasonable restrictions on solar use
Delays in application review

Your Rights

California Civil Code §714 protects solar rights
HOAs cannot unreasonably deny solar panels
Violations carry statutory attorney fee awards

Common Examples

Failure to comply with Davis-Stirling Act
Property damage from HOA inaction
Misuse of HOA funds

Your Rights

HOA owes a duty of care to homeowners
Negligence resulting in damages is actionable
Both compensatory and punitive damages possible

Common Examples

Roof damage left unrepaired
Exterior and siding deterioration
Failure to paint common areas
Termite tenting / abatement failures
Neglected pools, courts & clubhouses

Your Rights

HOA has a legal duty to maintain common areas
Failure to repair can result in damages claim
Davis-Stirling imposes specific repair timelines
HOA may owe attorney's fees if you prevail

Common Examples

Architectural & design disputes
Unlawful pet or rental restrictions
ADU / short-term rental blockages
Solar panel denials or restrictions

Your Rights

CC&Rs can be challenged if unreasonable
HOA cannot enforce illegal restrictions
Courts can invalidate overreaching rules

Common Examples

Failure to investigate homeowner complaints
Violations of notice & hearing requirements
Excessive, retaliatory fines
Nightmare neighbor situations

Your Rights

HOA must follow Fair Housing Act protections
Discrimination based on protected class is illegal
Civil rights violations carry significant damages

Common Examples

Refusal to repair patios & balconies
Unresolved common area plumbing leaks
Foundation & slope damage ignored
Shared-wall disputes

Your Rights

HOA controls common area maintenance
Exclusive use areas have repair obligations
Property damage from neglect is recoverable

Common Examples

Board members given preferential treatment
Rules enforced only against certain owners
Harassment masked as rule enforcement

Your Rights

HOA must enforce rules uniformly
Selective enforcement is a Davis-Stirling violation
Victims can recover damages and fees

Common Examples

Misuse or theft of HOA reserve funds
Improper vendor/contractor selection
Self-dealing board members
Decisions that diminish property values

Your Rights

Board members owe fiduciary duties to all owners
Breach can result in personal liability
Homeowners can sue for recovery of funds

Common Examples

Denied approval for solar installation
Unreasonable restrictions on solar use
Delays in application review

Your Rights

California Civil Code §714 protects solar rights
HOAs cannot unreasonably deny solar panels
Violations carry statutory attorney fee awards

Common Examples

Failure to comply with Davis-Stirling Act
Property damage from HOA inaction
Misuse of HOA funds

Your Rights

HOA owes a duty of care to homeowners
Negligence resulting in damages is actionable
Both compensatory and punitive damages possible

Schedule a Consultation →

What Are Your Legal Options?

We Choose the Smartest Path to Win

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

Demand Letter

A strategic legal demand resolves many HOA disputes before filing suit — quickly and cost-effectively.

Informal Dispute Resolution (IDR)

California law requires HOAs to offer IDR before many disputes escalate. We represent you in this process to maximize your leverage.

Alternative Dispute Resolution (ADR)

California often requires HOA mediation or arbitration before litigation. We use ADR strategically to resolve disputes efficiently.

Civil Litigation

When HOAs refuse to act, we take them to court. Our trial lawyers have won millions for California homeowners.

Why Lubin Pham + Caplin

5 Reasons That Set Us Apart

Real Results

Our verdicts and settlements speak for themselves — $23M+ recovered for California homeowners.

Smarter Strategy

Strategy and technology win the battle, not firm size or legacy. We out-maneuver HOA defense counsel.

Hands-On Partners

Our partners personally work your case from day one — not just the initial pitch meeting.

Your Goals First

We fight for your definition of success — repairs, compensation, or accountability. We align with you.

Honest Opinions

You'll get the truth, even if we're not the right firm for your case. No hard sell. No games.

Our Attorneys

The Team Your HOA Doesn't Want Against Them

A full-service team of California HOA attorneys, trial lawyers, and real estate litigators — fighting for homeowners statewide.

Michael Lubin

Partner

Namson Pham

Partner

Nicholas Caplin

Partner

JC Chimoures

Partner

Tim Appelbaum

Associate

CA & OR

Divya Bhavsar

Senior Associate

James Broberg

Associate

Paul Deese

Senior Trial Counsel

Elaine Ding

Senior Associate

Ramy Galal

Senior Associate

Andrew Herzog

Senior Associate

Bill Idleman

Senior Associate

Pantea Sharifi

Senior Associate

Han Sir

Associate

CA & OR

Marcelo Torres

Associate

Celine Toubia

Associate

Ready to Fight Back?

Find Out if Your HOA Owes You.

Schedule a confidential consultation today. California law may require your HOA to pay your attorney's fees if you win.

Schedule a Consultation → 1-877-4-BAD-HOA

Available 24/7 · Confidential · California Statewide

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.

California Homeowners: Rise Against Injustice

Find Out How MuchYour Case Is Worth

If You're Experiencing This, You Have Rights

Common Examples

Your Rights

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Your Rights

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Your Rights

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Your Rights

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Your Rights

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Your Rights

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Your Rights

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Your Rights

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Your Rights

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Your Rights

Common Examples

Your Rights

We Choose the Smartest Path to Win

5 Reasons That Set Us Apart

The Team Your HOA Doesn't Want Against Them

Find Out if Your HOA Owes You.

Find Out How Much
Your Case Is Worth