HOA Disputes in California: Davis-Stirling ADR, Owner Claims, and Board Defense

Last updated: October 2026

Most disputes between a California homeowner and the homeowners association cannot go straight to court. Before either side files an enforcement action for declaratory, injunctive, or writ relief, the Davis-Stirling Act requires them to try alternative dispute resolution. (Civ. Code, §§ 5930, 5935.) It starts with a written Request for Resolution that the other side has 30 days to accept or reject. The prevailing party in an action to enforce the governing documents recovers attorney fees and costs. (Civ. Code, § 5975, subd. (c).) Kolmogorov Law, P.C. represents owners with claims against their association and boards defending them, in Orange County, Los Angeles, and across California.

Call (909) 235-6116 or contact us online if you have a dispute with your HOA, or your association has received a claim.

The disputes that come to us

An owner in a six-unit building whose board refuses to repair a common-area leak that is damaging her unit. A board of a twenty-unit community sued by an owner over mold, landscaping, and a dozen other grievances, with the management company and insurers named alongside. An owner fined for a patio modification the board approved by email two years earlier. A board that cannot get an owner to stop a short-term rental the CC&Rs prohibit.

HOA disputes are governed by a dense statute, the Davis-Stirling Common Interest Development Act, and by the community's own governing documents. The statute's procedural rules decide a surprising number of these cases before the merits are reached.

The pre-suit ADR requirement

An association or a member may not file an enforcement action in superior court unless the parties have endeavored to submit their dispute to alternative dispute resolution. (Civ. Code, § 5930, subd. (a).) The requirement applies to actions solely for declaratory, injunctive, or writ relief, or for that relief together with money damages within the small claims limits. (Civ. Code, § 5930, subd. (b).) It does not apply to small claims actions, and, except as otherwise provided, not to assessment disputes. (Civ. Code, § 5930, subds. (c), (d).)

The process begins with a Request for Resolution. It must include four things. (Civ. Code, § 5935.) A brief description of the dispute. A request for alternative dispute resolution. A notice that the recipient must respond within 30 days or the request is deemed rejected. And, if served on a member, a copy of the statute's ADR article. The recipient has 30 days after service to accept or reject; silence is rejection. (Civ. Code, § 5935, subd. (c).)

If the request is accepted, the parties complete ADR, usually mediation, within the statutory period. If it is rejected, the requesting party may file suit, with a certificate describing the ADR efforts. A complaint filed without that step is vulnerable, and I have seen boards and owners alike lose months by skipping it.

Attorney fees: the rule that drives settlement

In an action to enforce the governing documents, the prevailing party shall be awarded reasonable attorney fees and costs. (Civ. Code, § 5975, subd. (c).) The award is mandatory, and it runs in both directions. An owner who sues over a minor violation and loses pays the association's lawyers; an association that enforces a rule it cannot support pays the owner's. Fee exposure is often larger than the underlying dispute, which is why the ADR stage is where most of these cases should end.

Owner claims against the association

Owners sue for failure to maintain common areas, water intrusion from common-area components, selective enforcement, improper fines without the required notice and hearing, denial of records, and election irregularities. The strongest claims pair a clear duty in the CC&Rs or the statute with documented notice to the board and documented inaction. We build the paper trail before the Request for Resolution goes out, because that file is what the mediator and, later, the judge will read.

Defending the board

Boards and their directors call when an owner's demand arrives, often with the management company and the association's insurers copied. The first steps are the same as for any business facing a claim: tender to the directors and officers and general liability carriers, preserve records, and respond to the Request for Resolution within 30 days. Directors who act in good faith on reasonable inquiry are protected by the business judgment rule, and a documented decision process is the best defense. Our guide to responding to a demand letter applies to boards as well.

Small associations without professional management are the most exposed. A board of three neighbors who never kept minutes has a harder case than one that did, regardless of the merits.

Emergencies

Where a dispute involves ongoing water intrusion, a safety hazard, or a use that cannot wait for mediation, the court can hear a request for a temporary restraining order. See our page on TROs and preliminary injunctions.

Where these cases are heard

HOA cases are filed in the Superior Court of the county where the property sits: the Central Justice Center in Santa Ana for Orange County communities, the Stanley Mosk Courthouse or the district court for Los Angeles. Many governing documents also contain their own arbitration or mediation clauses, which layer on top of the statute. Our Orange County and Los Angeles pages describe the courthouses.

What to bring to the first meeting

Bring the CC&Rs, bylaws, and rules, and the correspondence with the board or the owner. Bring the minutes and notices for any fine or hearing, and photographs and repair estimates for any physical problem. If you are the board, bring the association's insurance information. Bring any Request for Resolution already served or received, with the date.

Frequently asked questions

Can I sue my HOA in California?

Yes, but for most claims seeking declaratory, injunctive, or writ relief you must first serve a Request for Resolution and attempt alternative dispute resolution. (Civ. Code, §§ 5930, 5935.) Small claims actions and most assessment disputes are exempt from that requirement.

How long does the HOA have to respond to a Request for Resolution?

Thirty days after service. If the association does not accept within that time, the request is deemed rejected and the owner may proceed to court. (Civ. Code, § 5935, subd. (c).) The same rule applies when the association serves the request on an owner.

Who pays attorney fees in an HOA lawsuit?

The prevailing party in an action to enforce the governing documents is awarded reasonable attorney fees and costs. (Civ. Code, § 5975, subd. (c).) The rule applies to owners and associations alike.

Does the HOA have to repair damage to my unit from a common-area leak?

It depends on how the CC&Rs allocate maintenance responsibility between the association and the owner, and on whether the association had notice and failed to act. The governing documents control, subject to the statute's default rules.

Are HOA board members personally liable?

Volunteer directors who act in good faith, within the scope of their duties, and in a manner they reasonably believe to be in the association's interest are generally protected. Liability risk rises when directors act outside the governing documents, ignore known hazards, or treat owners unequally. See our fiduciary duty guide.

Talk to a California HOA dispute attorney

Whether you are an owner whose board will not act or a board facing an owner's claim, call (909) 235-6116 or contact us online. Kolmogorov Law, P.C. is at 327 Magnet, Irvine, CA 92618, and handles HOA and real estate disputes in Orange County, Los Angeles, and throughout California. See also our real estate litigation page.

This page provides general information about California law and is not legal advice. Outcomes depend on the governing documents, the record of notice and response, and the court.