By: Luke S. Carlson
Across California, more than 14 million residents live under the governance of homeowners associations (HOAs). These associations were originally formed with the intention of protecting property values and fostering orderly, well-maintained communities. But over time, concerns have arisen, suggesting that some HOAs may be turning peaceful neighborhoods into battlegrounds.
As a California attorney representing homeowners in HOA disputes, I’ve seen firsthand how these associations, when improperly managed, can sometimes erode property value, apply rules unevenly, and create legal challenges for residents. This isn’t just a nuisance. In many cases, it’s a quiet governance crisis playing out across the state.
The Rise of the Overreaching Board
California HOAs are often run by volunteer board members. While many act responsibly, others may overstep their authority. Over the last decade, there have been increasing reports of:
- Boards issuing questionable fines without due process
- Inconsistent enforcement of rules that may reflect personal bias
- HOA budgets are being mismanaged, potentially due to negligence or favoritism in vendor contracts
- Boards limiting transparency or delaying access to documents
In each case, the impact on the homeowner is personal and often financial. The association that was supposed to preserve value can sometimes become the very thing that undermines it.
Legal Rights — Often Overlooked, Sometimes Unenforced
One of the biggest issues I see is a simple one: most homeowners aren’t fully aware of their rights.
They may not realize that California’s Davis-Stirling Act provides legal protections regarding HOA transparency, access to records, voting procedures, and fair enforcement of rules. They might not know that boards can be challenged—and, when warranted, removed.
And HOAs sometimes benefit from that lack of awareness.
The California-Specific Challenges
Our state is unique. High home prices, frequent natural disasters, and insurance volatility have made many HOAs more vulnerable. Some are underfunded. Others face legal disputes. And in some cases, lenders are reportedly blacklisting entire communities, leaving owners unable to sell or refinance.
It’s not always the economy or the market that causes the freeze—in some instances, it’s internal HOA mismanagement.
Solutions That Start With Awareness
There’s no single fix, but change starts with clarity. Homeowners should:
- Attend board meetings and ask about reserves and financial policies
- Request records and budgets annually
- Push for clarity on assessments and insurance
- Understand how to petition, recall, or litigate if needed
These are not aggressive actions. They are reasonable safeguards, and every California homeowner should be informed about them.
A Call for Broader Accountability
We need more legal literacy. But we also need clearer standards. It may be worth considering whether California should explore legislation that encourages stronger financial disclosure rules for HOAs or addresses boards that withhold information or act improperly.
If we’re going to solve California’s housing crisis, we have to look beyond construction and into the governance of the communities we already have.
Summary
California’s HOAs are intended to be protectors. But when power goes unchecked, the results can be quietly devastating. Homeowners deserve better. And it starts with knowing the rules—and how to address them when they’re broken.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. The views expressed are those of the author based on professional experience and do not reflect the official position of any organization. Homeowners facing HOA-related issues should consult with a qualified attorney for guidance specific to their situation.
Published by Joseph T.
