How to File a Complaint Against Your HOA in California: Tips from an Experienced HOA Attorney

Living in a homeowner association (HOA) in California can come with its challenges. Even with the best intentions, HOA boards and management companies can make mistakes or take actions that may not align with the community’s governing documents. If you find yourself in this situation, you may consider submitting a written complaint to your HOA or making a formal request to participate in alternative dispute resolution (ADR) where applicable. Here's what you need to know.

Review Your HOA's Governing Documents
Before filing a complaint or requesting ADR, it's important to review your HOA's governing documents, including the bylaws, covenants, conditions, and restrictions (CC&Rs), and the Davis-Stirling Common Interest Development Act. These documents generally outline the rules and procedures that govern the HOA and may describe processes for addressing disputes.

Gather Evidence
Once you've reviewed your HOA's governing documents, gather information to support your position. This may include written correspondence, photos, videos, and/or witness statements.

Follow the HOA's Complaint Procedure
HOAs are required to provide a process for internal dispute resolution (sometimes called “IDR”) under California law, and many associations also have written procedures for member complaints. Depending on the issue, following those procedures may help resolve the matter without litigation. In some situations, California law may also require the parties to attempt ADR before filing certain types of civil actions.

Consider Consulting an HOA Attorney
If you're unable to resolve your complaint through the HOA's procedures, you may consider consulting with an experienced HOA attorney. An attorney can help you understand how California law may apply to your situation and what dispute-resolution options may be available.