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HOA Disputes &
Homeowner Representation

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Here to Protect Your Investment

We represent homeowners against bad HOAs, from CC&R 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

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, 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

Negligence

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 areas
  • Property damage
  • Misuse of HOA funds
Davis-Stirling Act Violations
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
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
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, granny units)

HOA and/or Neighbor Harassment
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
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
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
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

Negligence
Negligence

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 areas
  • Property damage
  • Misuse of HOA funds

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

Negligence

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 intent of the CC&Rs, 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 the intent of the CC&Rs
  • Failure to repair and maintain common area
  • Property damage
  • Misuse of HOA funds
  • Etc.
Failure to Maintain and/or Repair
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
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
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
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
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
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

Negligence
Negligence

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 intent of the CC&Rs, 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 the intent of the CC&Rs
  • Failure to repair and maintain common area
  • Property damage
  • Misuse of HOA funds
  • Etc.

PRACTICE AREAS

If you own a home or a business, we're here to help.

From HOA disputes to business compliance to construction defects, our lawyers know how to fix it.

Homeowner Representation
Bad HOAs can lower your property value and ruin your life. Don’t let them. We know the ins and outs of the Davis-Stirling Act and we’ll protect your home and its value.

Servicing California & Arizona

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Real Estate Litigation
Real estate is an enormous investment. Being on the bad end of a real estate deal can be devastating. But the right attorneys can make all the difference.

Servicing California & Arizona

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Business Disputes
We’ll help you protect your biggest asset: Your Business. From preventing liability to active litigation, we’ll help you navigate the legal waters from one success to the next.

Servicing California

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Construction Defect
Construction is stressful. It’s even worse when your contractor or developer botches the job. Don’t do it alone. Let us help you fight your construction battle.

Servicing California & Arizona

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Health Insurance Recovery
We believe in a simple, transparent approach. We're here to advocate for your rights, ensuring you receive the coverage you deserve.

Servicing California

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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!

Frequently Asked Questions

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

California and Arizona both have laws protecting homeowners from HOA overreach. You may be entitled to legal remedies if your HOA is enforcing rules arbitrarily, discriminating, or mismanaging funds.

Can I sue my HOA in California or Arizona?

Yes. You can take legal action if your HOA violates governing documents, breaches fiduciary duty, or acts outside its legal authority. Pre-litigation steps may be required depending on your state.

What’s the Davis-Stirling Act and how does it protect California homeowners?

The Davis-Stirling Act is California’s comprehensive HOA law. It outlines rules for governance, elections, assessments, and owner protections. We use it to hold HOAs accountable.

Is my HOA allowed to fine me without notice?

No. Both California and Arizona law generally require due process—notice and an opportunity to be heard—before any fines or penalties are issued.


Can my HOA prevent me from renting out my property?

Restrictions on rentals must be clearly stated in your HOA’s governing documents. Recent laws in California limit new restrictions without member approval.

What if my HOA blocks my ability to install solar panels or make eco-friendly upgrades?

In California, HOAs cannot unreasonably restrict solar energy systems (Civil Code §714). Arizona has similar protections under ARS §33-1816.

Can I be forced to remove personal property (e.g. plants, décor) from my yard or balcony?

Only if restrictions are clearly spelled out and uniformly enforced. Vague or selectively enforced rules can be challenged.

Who is responsible for repairing shared walls, balconies, or plumbing systems?

Responsibility depends on what’s defined as “common area” versus individual property in your HOA documents. We help interpret and enforce these terms.

What if construction defects are lowering my property value?

You may have claims against the developer or contractors. Both Arizona and California have statutes that allow you to recover damages for construction defects, often through mandatory pre-litigation procedures.

Can I hold my HOA responsible for failing to maintain common areas?

Yes. If their neglect causes damage or diminishes property value, they may be liable for breach of their maintenance obligations.

Do I have to mediate before suing my HOA?

In California, the Davis-Stirling Act often requires mediation or other forms of ADR before filing a lawsuit. Arizona law may also require pre-litigation dispute resolution depending on the issue.

How long do I have to file a claim against my HOA or builder?

Statutes of limitation vary—often 4 to 10 years for construction defects and shorter for some HOA disputes. Timing is critical, so don’t wait.

Can you help even if I’m not sure I want to file a lawsuit?

Yes. We offer honest legal opinions upfront. Our goal is to help you understand your rights—even if litigation isn’t the right next step.

Get in touch

Schedule a Consult

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