San Diego, CA asked in Contracts, Real Estate Law and Civil Litigation for California

Q: Our California Homeowner's Association continually violates the provisions of the Davis Stirling Act along with

California Corporations Code Provisions. Who can I turn to for Davis Stirling enforcement and violations of the California Corporations Code? HOA's seem to be self-governed and unregulated.

2 Lawyer Answers
James L. Arrasmith
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  • Sacramento, CA
  • Licensed in California

A: For enforcing the provisions of the Davis-Stirling Act and the California Corporations Code against your Homeowner's Association (HOA), you have several options. Start by documenting all violations with dates, descriptions, and any supporting evidence. Present this documentation in writing to your HOA board and request a formal response.

If the HOA fails to address the issues, consider mediation or arbitration, which are often required steps before taking legal action. Mediation can be an effective way to resolve disputes without going to court. You can also file a complaint with the California Department of Consumer Affairs, which oversees HOAs.

Should these steps not yield results, you can consult with an attorney experienced in HOA law to explore your legal options. They can help you understand your rights and represent you in court if necessary. Taking legal action might compel the HOA to comply with the laws and regulations they are violating.

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

A: Thank you for your question!

If you are a member of the association, you need to give the demand letter about the violations or illegal activities of the corporation to the board first. You hopefully get involved with negotiation with the board.

If the demand fails, you can bring a derivative lawsuit on behalf of the corporation against the board. This lawsuit is in the best interest of the association rather than the member. Document everything including communications, conducts, voting process, etc.

This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and investigations are needed. I recommend you consult with an attorney for more details.

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