Understanding Your Rights as a Homeowner in an HOA: Insights from an Experienced HOA Lawyer

As a homeowner in a homeowner association (HOA), it's important to understand your rights and responsibilities. HOAs have rules and regulations that govern how properties are maintained, and failure to comply with these rules can result in fines or other penalties. But as a homeowner, you also have legal rights. Here's what you need to know about your rights as a homeowner in an HOA.

The Right to Vote One of the most important rights that homeowners have in an HOA is the right to vote. Homeowners have the right to vote on issues that affect the community, such as changes to the rules and regulations or the election of board members. This means that homeowners have a say in how the community is run, and can work together to make sure that the community meets their needs.

The Right to Review Records Homeowners also have the right to review the HOA's financial records and other documents (Cal. Civ. Code §5205). This can help homeowners understand how the HOA is spending their money and ensure that the HOA is acting in their best interest. Further, homeowners have the right to review the minutes from board meetings, which must be made available within 30 days (Cal. Civ. Code §4950). If an association denies a records request, the homeowner may sue to enforce the right, and prevailing members may recover attorney fees and penalties up to $500 per request (Cal. Civ. Code §5235).

The Right to Due Process As a homeowner, you also have the right to due process. Under Cal. Civ. Code §5855, the HOA cannot take action against you without following proper procedures and providing you with adequate notice and an opportunity to be heard. For example, if the HOA wants to fine you for a violation of the rules, they must provide you with at least 10 days' written notice and an opportunity to be heard at a board hearing before imposing any fine. As of 2025, fines are capped at $100 per violation unless the board makes a written health or safety finding (Cal. Civ. Code §5850, as amended by AB 130), and homeowners must be given an opportunity to cure the violation before discipline is imposed.

At LS Carlson Law, we understand the complexities of HOA law and have more than 15 years of experience representing homeowners in HOA disputes. Our attorneys are committed to protecting your rights as a homeowner and ensuring that your voice is heard in the community. If you have questions about your rights as a homeowner in an HOA, contact us today for a consultation.