While state laws and the HOA’s own regulations give it power, that power is not unlimited. HOA residents have a right to be heard. If the HOA is following its own rules and enforcing them evenhandedly, it will be on solid legal ground. If not, it could be vulnerable to a lawsuit.
When you disagree with the HOA board, the first thing that you should do is closely review the rules of your HOA. If you find that they are not acting in accordance with the rules, your case is strengthened. Try to understand how they enforce the same rules as they pertain to other homeowners. Then, you should review the relevant California HOA laws to see if they are being followed.
It is always better to have a conversation and communicate to keep things from getting out of hand. If you can point out to the HOA where the problem is, you may have a chance of persuading them to change their mind. After all, litigation costs can take a large bite out of the budget. Many HOA issues can be resolved through mediation. It is a cost-effective method of facilitating communication without the hostility of litigation.
In the end, you always have the legal ability to file a lawsuit against the HOA and be heard in court. However, this will cost money, and it should only be your last option. If the HOA is forced to spend money defending lawsuits, it could result in higher fees for all homeowners.
San Jose, CA, Campbell, CA, Mountain View, CA, Sunnyvale, CA, Santa Clara, CA, Cupertino, CA HOA Board Attorney
Both HOAs and homeowners should seek legal help if they are involved in a difficult dispute. Contact the attorneys at Pratt & Associates online or call us at 408.369.0800 to schedule an appointment.