Unfair HOAs: How California Homeowners Are Fighting Back in 2025

By Sara Naheedy, Real Estate Attorney and Broker

If you have ever searched phrases like “HOA abusing power,” “HOA denied my plans,” “HOA will not respond,” or “HOA is harassing me,” you are not alone. HOA disputes in California are at the highest level I have seen in my career.

The issue is not that every HOA acts unreasonably. The real issue is that most homeowners are never told what their rights actually are under the Davis Stirling Act. This lack of information creates an environment where HOAs can take advantage of confusion or silence.

In this guide, you will learn what is happening across California in 2025, why these disputes are increasing, and how homeowners are beginning to push back successfully.

Why HOA Disputes Are Increasing in 2025

Several trends have come together this year, creating more conflict between homeowners and HOAs than ever before.

1. Financial pressure on HOAs

Insurance costs have risen sharply, and many associations are struggling to maintain healthy reserves. As a result, some HOAs have become unusually strict. They delay repairs, deny requests more often, or make decisions based on what feels convenient rather than what is required.

2. Inconsistent or overwhelmed architectural committees

Many homeowners report the same problems:

• delayed responses

• contradictory instructions

• vague rejections

• unclear or outdated guidelines

  
  

In many cases, committees are not following their own procedures.

3. Rapid turnover in board leadership

New board members sometimes step into their roles with little training. Some try to enforce personal preferences rather than the governing documents.

4. HOAs assume homeowners will not challenge decisions

For years, this was often true. Most homeowners did not know they had the right to question unfair decisions or request records.

The Real Reason Many Homeowners Lose Disputes

Homeowners typically lose disputes not because the HOA was right, but because they never had a clear understanding of the Davis Stirling Act.

California law requires HOAs to:

• act reasonably

• apply rules consistently

• follow the CC and Rs

• respond within required timelines

• provide explanations for denials

• avoid selective enforcement

• provide notice before penalties

• follow due process

  
  

Many homeowners do not realize HOAs violate these requirements far more often than expected.

What Unfair HOA Behavior Looks Like

Below are behaviors I see repeatedly in cases throughout California.

1. Selective rule enforcement

A homeowner is ordered to remove something that another neighbor is allowed to keep. This is one of the strongest defenses a homeowner can use.

2. Architectural denials with no real explanation

HOAs sometimes use general phrases such as “does not match the community aesthetic.” They are legally required to cite specific rules or standards.

3. Ignoring requests

Failing to respond is not a valid form of governance. California law requires timely responses.

4. Intimidation or harassment

This can look like frequent violation notices, discourteous communication, or actions that appear retaliatory. These behaviors are inappropriate and often unlawful.

5. Failing to repair common areas

This is especially common in cases involving water intrusion, mold, drainage, roof issues, or structural problems. When damage comes from a common area, the HOA has very clear responsibilities.

Examples from Real Cases I Have Handled

Names and identifying details are removed, but the patterns are very real.

Case 1: No Response for Nine Months

A homeowner submitted plans for a modest addition. The HOA never responded, which is a violation. During this time, a neighbor received approval for a similar addition.

Outcome: We documented the missed deadlines and selective enforcement. The HOA approved the original plans.

Case 2: Water Intrusion Ignored

Water from a common area defect caused flooding in a client’s condo. The HOA delayed repairs for months, citing budget concerns.

Outcome: After collecting documentation and initiating mediation, the HOA agreed to immediate repairs and partial reimbursement.

Case 3: Retaliation from a Board Member

A board member began issuing repeated violation notices to a single homeowner, even though other neighbors with the same conditions were not cited.

Outcome: Once every incident was documented, the HOA withdrew the notices.

How California Homeowners Are Fighting Back

In 2025, more homeowners are learning how to use their rights effectively.

1. Documenting everything

Emails, dates, photos, timelines, and meeting notes matter.

2. Requesting records

Under the law, HOAs must provide:

• meeting minutes

• reserve studies

• financials

• violation logs

  
  

 Many homeowners do not realize this.

3. Challenging unlawful denials

When HOAs cannot justify a decision with governing documents, they often reverse it.

4. Using mediation early

The Davis Stirling Act encourages mediation, and many cases reach resolution in this setting.

5. Contacting an attorney sooner

Most disputes do not need to go to court. Early guidance prevents escalation and helps homeowners present a strong, organized case.

What Homeowners Can Do Right Now

If your HOA feels unreasonable, the following steps offer meaningful protection:

1. Move all communication to writing

Verbal discussions often lead to misunderstandings. Written communication creates clarity and a record.

2. Ask for the exact CC and R section your HOA is referencing

If they cannot provide it, enforcement is likely improper.

3. Request architectural guidelines and timelines in writing

You are entitled to clear standards and reasonable deadlines.

4. Track all missed deadlines

This is one of the strongest tools homeowners have.

5. Seek guidance before the situation becomes emotional

A brief consultation can prevent months of frustration.

The Truth Most Homeowners Never Hear

Most HOA disputes settle. Not because HOAs are eager to, but because the law requires fairness, transparency, and consistency. When their conduct is reviewed closely, many HOA decisions cannot stand.

Final Takeaway

HOAs exist to serve the community. When you understand your rights, you can challenge unfair decisions and protect your home with confidence.

If your HOA is ignoring your requests, denying your plans without reason, or acting unreasonably, I can help you understand your options and the best path forward.

You can schedule a consultation by emailing info@saranaheedylaw.com.