Legal Disclaimer: This article provides general information for educational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change frequently. For advice specific to your situation, consult a licensed attorney in your area.
Homeowners associations wield significant power over property owners, but that power has limits. If your HOA is hitting you with unfair fines, selectively enforcing rules, or refusing to maintain common areas, you have legal options to fight back. The Consumer Financial Protection Bureau provides resources on housing and homeowner rights.
Key Protection: Most states require HOAs to follow their own governing documents exactly. Failure to do so can void fines and fees, and may expose the HOA to liability.
Common HOA Disputes
Fines and Assessments
- Excessive or arbitrary fines
- Fines without proper notice
- Special assessments without proper vote
- Late fees that exceed legal limits
- Fines for violations that don't exist in CC&Rs
Selective Enforcement
- Rules enforced against some but not others
- Personal vendettas by board members
- Discrimination in rule application
- Targeting specific homeowners
Maintenance Issues
- Failure to maintain common areas
- Deferred maintenance causing damage
- Misuse of maintenance funds
- Refusing to repair shared elements
Governance Problems
- Board not following bylaws
- Improper elections
- Denial of access to records
- Secret meetings and decisions
Your Legal Protections
Governing Documents
HOAs must follow:
- Declaration (CC&Rs): Primary rules and restrictions
- Bylaws: How the HOA operates
- Articles of Incorporation: Legal formation documents
- Rules and Regulations: Day-to-day guidelines
Hierarchy Matters: State law overrides CC&Rs, CC&Rs override bylaws, bylaws override rules. Any provision that conflicts with higher authority is unenforceable.
State HOA Laws
Most states have HOA-specific statutes:
- California: Davis-Stirling Common Interest Development Act
- Florida: Chapter 720 (HOAs) and 718 (Condos)
- Texas: Property Code Chapter 209
- Arizona: Planned Communities Act (A.R.S. ยง 33-1801)
- Colorado: Colorado Common Interest Ownership Act (CCIOA)
Common Statutory Rights
- Right to access HOA records
- Right to attend board meetings
- Right to due process before fines
- Right to appeal board decisions
- Right to vote on major decisions
- Protection against retaliation
Due Process Requirements
Before imposing fines, HOAs typically must:
- Provide written notice of the alleged violation
- Give opportunity to cure the violation
- Offer a hearing before the board
- Allow the homeowner to present their case
- Issue a written decision
- Provide appeal rights
Notice Requirements
Valid notice must typically include:
- Specific rule or CC&R provision violated
- Date and description of violation
- Time to cure (often 30 days)
- Proposed fine amount
- How to request a hearing
Challenging HOA Actions
Step 1: Review Governing Documents
- Get copies of all CC&Rs, bylaws, and rules
- Identify the specific provision allegedly violated
- Check if the HOA followed proper procedures
- Look for conflicts with state law
Step 2: Document Everything
- Keep copies of all HOA communications
- Photograph any alleged violations
- Document selective enforcement examples
- Get statements from other homeowners
Step 3: Request a Hearing
- Submit written request within deadline
- Prepare your defense thoroughly
- Bring evidence and witnesses
- Stay calm and professional
Step 4: Send a Demand Letter
If internal appeals fail:
- Cite specific governing document violations
- Reference applicable state law
- Document procedural failures
- Demand specific relief (waive fine, fix issue)
- Set reasonable deadline
Step 5: External Remedies
- Mediation: Many states require before litigation
- State agencies: Some regulate HOAs
- Small claims court: For smaller disputes
- Civil litigation: For major disputes
Selective Enforcement Defense
If the HOA enforces rules against you but not others:
- Document identical violations by other homeowners
- Request enforcement history under records laws
- Show pattern of targeting
- Argue waiver or estoppel
What to Document
- Photos of similar violations not enforced
- Dates and addresses of unenforced violations
- Board meeting minutes showing selective decisions
- Communications showing discriminatory intent
Challenging Assessments
Regular Assessments
- Must be authorized by governing documents
- Must follow proper budget procedures
- Must be applied uniformly
Special Assessments
- Often require membership vote (varies by state)
- Must have proper notice
- Purpose must be legitimate
- Amount must be reasonable
Record Inspection Rights
Most states give homeowners rights to inspect:
- Financial statements and budgets
- Meeting minutes
- Contracts and invoices
- Insurance policies
- Member lists (with limitations)
- Governing documents
How to Request Records
- Submit written request
- Cite state statute granting access
- Specify documents requested
- Offer to pay reasonable copying costs
- Set deadline per state law
Running for the Board
Sometimes the best solution is joining the board:
- Attend meetings and speak up
- Build alliances with other homeowners
- Run for election
- Organize recall if board is abusive
When to Get Legal Help
- HOA is placing liens on your property
- Facing foreclosure over HOA debts
- Large financial exposure
- Clear discrimination or harassment
- Board refuses to follow law
Challenge Your HOA
Generate a demand letter citing your HOA's own rules and state law.
Create Your Letter