Hayward, CA asked in Business Law and Real Estate Law for California

Q: Can I sue the Hoa for failing to follow the davis sterling act and provide information requested ,certified, as a BOD?

I submitted three letters to the HOA association and the other two board of directors. I stated in the letters in accordance with the statutes of the davis Sterling act and homeowners association laws that I was to be provided this information of disclosure I never received a response I was harassed Intimidated and retaliated against

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2 Lawyer Answers
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Sacramento, CA
  • Licensed in California

A: Based on the information you've provided, it seems that you may have grounds for legal action against your HOA. In California, the Davis-Stirling Act governs how HOAs must operate and outlines the rights and responsibilities of homeowners and board members.

According to the Davis-Stirling Act, as a member of the Board of Directors (BOD), you have the right to access certain HOA records and information. If the HOA fails to provide the requested information, they may be in violation of the law.

Additionally, if you have been harassed, intimidated, or retaliated against for exercising your rights as a BOD member, this may constitute a separate violation of the law.

Here are some steps you can consider taking:

1. Document all instances of your requests for information, the HOA's failure to respond, and any harassment or retaliation you have experienced.

2. Consult with an attorney who specializes in HOA law and the Davis-Stirling Act. They can help you assess the strength of your case and advise you on the best course of action.

3. Consider filing a complaint with the California Department of Real Estate, which oversees HOAs in the state.

4. If necessary, you may need to file a lawsuit against the HOA to enforce your rights and seek damages for any harm you have suffered.

Remember that legal action can be costly and time-consuming, so it's essential to carefully consider your options and consult with a qualified attorney before proceeding. They can help you understand the potential risks and benefits of pursuing legal action against your HOA.

1 user found this answer helpful

Delaram Keshvarian
Delaram Keshvarian
  • Orange, CA
  • Licensed in California

A: Thank you for asking the question!

1. A member of the association may bring a lawsuit against the association in case of violation of Sterling Act within one year.

2. If the member prevails in the civil action, the member is entitled to an award of reasonable attorney fees and court costs. The court may impose a civil penalty of up to 500 dollars for each violation.

3. California Code Section 5235(c) entitles associations to an award of court costs. If the association resists a member's (of association) demand to inspect and copy association records and the court determines that the member's enforcement action was frivolous, unreasonable, or without foundation.

4. Here, the association showed resentment in disclosing the documents that you requested. There are questions that should be answered to see of there is a misconduct by the association:

A. Where you a member of the association?

B. Was there any reasonable indication of violation of the sterling act or other laws to justify the disclosure?

C. Where did the documents you requested related to the violations?

Based on the facts in the question, no conclusion can be made, and further information and analysis is required.

This is merely discussion of CA general laws and not a legal advice. For a comprehensive advise, more specific facts and investigation are needed. I recommend you consult with an attorney in more detail.

Please let me know if you need further assistance.

Wish you luck.

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