Homeowners’ associations (HOAs) are designed to maintain property values, create uniform standards, and provide shared amenities in residential communities. While HOAs can bring order and stability, they can also be a source of friction. Disputes between homeowners and associations are common, and understanding your rights and responsibilities is essential to resolving them effectively. Attorneys at SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) law firm provides professional legal advice and services to clients in Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, and surrounding communities.
Why HOA Disputes Arise
Disagreements often occur when homeowners feel rules are too restrictive or unfairly enforced, while HOAs aim to preserve property values and community standards. Because HOAs operate under governing documents such as Covenants, Conditions, and Restrictions (CC&Rs), homeowners sometimes feel blindsided by policies they didn’t realize applied to them.
Common Types of HOA Disputes
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Rule enforcement: Conflicts over landscaping, exterior paint colors, or home additions.
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Parking restrictions: Limits on where residents or guests may park.
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Fee disputes: Assessments, fines, or disagreements about how funds are used.
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Maintenance responsibilities: Determining whether the HOA or homeowner is responsible for repairs.
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Board governance: Disputes over elections, board decisions, or transparency.
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Discrimination claims: Allegations of selective or unfair enforcement.
Homeowners’ Rights in HOA Disputes
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The right to access governing documents and financial records.
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The right to receive notice before fines or penalties are imposed.
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The right to appeal HOA decisions through established procedures.
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The right to challenge unfair enforcement in court if necessary.
Powers and Limitations of HOAs
HOAs can enforce rules outlined in the CC&Rs, collect dues, and levy fines. However, they cannot create arbitrary rules outside the governing documents, enforce rules unequally, or violate state and federal housing laws.
Dispute Resolution Methods
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Internal resolution: Most HOAs offer hearings or appeals.
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Mediation or arbitration: Neutral third parties can help resolve conflicts without court.
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Litigation: When disputes escalate, legal action may be necessary to enforce rights or challenge HOA overreach.
Real-World Examples of HOA Disputes
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A homeowner fined for an unapproved fence may argue that similar fences were allowed for others.
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A board may face legal action for misusing HOA funds or failing to maintain common areas.
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Residents may challenge discriminatory enforcement of parking rules.
FAQs About HOA Disputes
Can an HOA take me to court?
Yes—if you refuse to pay assessments or violate CC&Rs, HOAs can pursue legal action.
Can I sue my HOA?
Yes, if they exceed their authority, misuse funds, or enforce rules unfairly.
What should I do first if I have a dispute?
Review the governing documents, keep records, and attempt internal resolution before escalating.
Contact Us
If you’re facing a conflict with your HOA, our attorneys can review your case, protect your rights, and help you pursue resolution. Contact us today to schedule a consultation.
Have any legal questions? Contact the Attorneys at SBEMP Law Firm:
For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.
SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage, Indian Wells), CA; Indian Wells, CA; Costa Mesa (Orange County), CA; San Diego, CA; New Jersey, NJ; and New York, NY.
DISCLAIMER: This blog post does not constitute legal advice, and no attorney-client relationship is formed by reading it. This blog post may be considered ATTORNEY ADVERTISING in some states. Prior results do not guarantee a similar outcome. Additional facts or future developments may affect subjects contained within this blog post. Before acting or relying upon any information within this newsletter, seek the advice of an attorney.
