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HOA Disputes &
Homeowner Representation

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Here to Protect Your Investment

We represent homeowners against bad HOAs, from Davis-Stirling Act violations to harassment and discrimination.

Don’t let a bad HOA destroy your property value. Hire an aggressive law firm that knows the ins and outs of HOA law to fight for your rights vehemently. We are that firm. We’re here to stop the HOA’s harassment and lift the HOA’s oppression.

Areas of Expertise

Davis-Stirling Act Violations
Failure to Maintain and/or Repair
CC&R or Other Governing Document Violations
HOA and/or Neighbor Harassment
Common Area Disputes
Selective Enforcement of the Governing Documents
Breach of Fiduciary Duties
Davis-Stirling Act Violations

How your HOA functions is strictly regulated under a California Law called the Davis-Stirling Act. If you think your HOA isn’t following the law, isn’t holding elections properly, isn’t giving you access to records, isn’t holding enough money in reserve, isn’t giving proper notice of its meetings, or is committing any other violation, it may be up to you to enforce the law. We may be able to help you do that.

  • Election violations

  • Failure to allow access to records

  • Reserve study violations

  • Failure to comply with Open Meeting laws

Failure to Maintain and/or Repair

In most cases, the HOA has maintenance obligations. The HOA’s maintenance obligations can include the roof, exterior siding, paint, termite and pest abatement, tree trimming, and the upkeep of community amenities (pools, tennis courts, clubhouses, etc.). If your HOA is letting its obligations go, we can help you make it right.

  • Roof damage

  • Exterior and siding damage

  • Failure to paint

  • Termite tenting/abatement

  • Upkeep of amenities (e.g., pools, tennis courts, clubhouses, etc.)

CC&R or Other Governing Document Violations

Most HOA board members aren’t lawyers. The property management companies they hire aren’t either. They may think they know how to interpret the CC&Rs correctly, but they don’t. If you have a dispute about a CC&R provision or the rules and regulations, like architectural approval, pet restrictions, short-term rentals, solar-panels, or Accessory Dwelling Units (such as mother-in-law suites and granny units), we can help you set your HOA right.

  • Architectural provisions

  • Pet restrictions

  • Short-term rentals

  • Solar-panels

  • Accessory Dwelling Units (e.g., ADUs, mother-in-law suites, or granny units).

HOA and/or Neighbor Harassment

We all hope that our neighbors and our HOA are reasonable. Sometimes they are. Many times they aren’t. If your neighbor or your HOA is harassing you, such as by levying fines, trespassing on your property, being nuisances, or failing to conduct proper investigations and issuing fines without proper notice and hearing, we can help you fight back. Don’t let them step all over your rights as a homeowner!

  • 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

Who is supposed to maintain the roof? Who is responsible for fixing that pipe leak? Who is going to fix the crack in the foundation? Who is responsible for making sure the slope doesn’t turn into a fire hazard? If it’s expensive, the HOA never wants to pay for it. But in many cases, it isn’t your obligation! Don’t pay more than you have to. Let us help you determine who is responsible.

  • 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 of the Governing Documents

The HOA just issued you a fine for parking along the curb. Your neighbor parks along the curb all the time. Your HOA may be illegally singling you out for enforcement. The longer you let it go on, the worse it’s going to get. Owning a home in an HOA shouldn’t mean giving up all your rights. Let us help you fight back!

  • Preferential treatment

  • Ignorance of specific rules

  • Harassment

Breach of Fiduciary Duties

With great power comes great responsibility. The HOA owes fiduciary duties to you and board members owe fiduciary duties to the HOA. But not everyone takes their duties seriously. They may misuse HOA funds, select inappropriate contractors, treat board members differently, or use the HOA to profit. Don’t let them get away with it. Let us help you make things right.

  • Misuse of HOA funds

  • Inappropriate vendor/contractor bidding and selection

  • Preferential treatment of Board members

  • Self-dealing

  • Diminished property values.


The HOA is supposed to be careful. The HOA’s property management company is supposed to be careful. But they’re not always careful. They may violate the Davis-Stirling act, neglect maintenance duties, or even damage your property. Don’t let their negligence affect your property value. We can help you hold them accountable.

  • Failure to comply with Davis-Stirling
  • Failure to repair and maintain common area
  • Property damage
  • Misuse of HOA funds
  • Etc.

Explore Our Other Practice Areas

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Law Library

Can my HOA ?

We’ve curated a comprehensive list of answers to questions our clients ask us everyday. From HOA law to mechanic’s liens to unfair competition. Whether you are ready to engage us or not, these answers will help you better understand your rights.

Simply search for the topic of your interest!

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    We don’t know whether we can represent you yet. We may already represent another party whose interests are adverse to yours. (For example, if you have a dispute with your neighbor, we may already represent your neighbor.) Because we don’t know if we can represent you, you should not disclose any confidential information to us. By submitting information to us, you agree that you will not disclose any confidential information to us and that we have no duty to keep the information that you disclose to us confidential.

    Two California real estate and business attorneys at Lubin Pham + Caplin LLP discussing client cases.