Your HOA denied your renovation request, fined you unfairly, or isn’t maintaining common areas despite collecting dues. Homeowners associations have significant power over your property, but that power isn’t unlimited. When an HOA violates its own rules, acts arbitrarily, or breaks the law, you may have grounds to sue.
Quick Answer
You may be able to sue your HOA for breach of fiduciary duty, failure to follow governing documents, selective enforcement, discrimination, or negligent maintenance. Before suing, you’ll typically need to exhaust internal dispute resolution procedures. Many disputes can be resolved through negotiation, mediation, or arbitration at lower cost than litigation.
Common Reasons to Sue an HOA
Failure to Follow Governing Documents
Your HOA is bound by its own:
- CC&Rs (Covenants, Conditions & Restrictions)
- Bylaws
- Rules and regulations
- State HOA statutes
If the HOA violates these documents, you may have a breach of contract claim.
Selective Enforcement
HOAs must enforce rules consistently. Selective enforcement occurs when:
- Your neighbor’s violation is ignored while yours is fined
- Rules are enforced against some homeowners but not others
- The board targets specific owners while others get passes
Arbitrary or discriminatory enforcement may be legally actionable.
Breach of Fiduciary Duty
Board members have a fiduciary duty to act in the best interests of all homeowners. Breaches include:
- Self-dealing (board members benefiting personally)
- Mismanaging HOA funds
- Failing to maintain adequate reserves
- Making decisions that harm the community for personal benefit
Failure to Maintain Common Areas
HOAs typically must maintain:
- Pools, clubhouses, and amenities
- Common landscaping and sidewalks
- Exterior building elements (in condos)
- Security systems and gates
Failure to maintain these—especially if it causes injury or property damage—may be actionable.
Discrimination
The Fair Housing Act prohibits HOAs from discriminating based on:
- Race, color, national origin
- Religion
- Sex
- Familial status
- Disability
This includes rules that appear neutral but disproportionately affect protected groups.
Failure to Make Reasonable Accommodations
HOAs must make reasonable accommodations for disabled residents, such as allowing:
- Service or emotional support animals despite pet restrictions
- Modifications for accessibility
- Reserved accessible parking
Before You Sue: Required Steps
Check Your Governing Documents
Many CC&Rs require you to:
- Submit disputes to the board first
- Attempt mediation or arbitration
- Follow specific dispute resolution procedures
Failing to exhaust these remedies may get your lawsuit dismissed.
State Law Requirements
Some states require:
- Mandatory mediation before suing
- Sending a formal demand letter
- Specific notice periods
Check your state’s HOA laws before proceeding.
Attend Board Meetings
Before escalating, try:
- Addressing concerns at open board meetings
- Submitting written complaints to the board
- Requesting a hearing on your specific issue
Alternative Dispute Resolution
Mediation
A neutral third party helps you and the HOA reach a voluntary agreement:
- Less expensive than litigation
- Faster resolution
- You maintain control over the outcome
- May preserve community relationships
Arbitration
A neutral arbitrator makes a binding decision:
- More formal than mediation
- Usually faster and cheaper than court
- Decision is typically final and binding
- May be required by your governing documents
What You Can Sue For
Monetary Damages
- Fines you shouldn’t have had to pay
- Property damage from HOA negligence
- Costs to fix problems the HOA should have addressed
- Lost property value
- Attorney fees (if allowed by your CC&Rs or state law)
Declaratory Relief
A court declaration that:
- The HOA’s interpretation of a rule is wrong
- Your proposed modification is allowed
- A rule is unenforceable
Injunctive Relief
A court order requiring the HOA to:
- Stop certain conduct
- Perform required maintenance
- Approve your request
- Follow proper procedures
Filing a Lawsuit
Small Claims Court
For smaller amounts (limits vary by state):
- Good for fines, assessment disputes, small damages
- No lawyer required
- Lower costs
- Faster resolution
Civil Court
For larger or more complex claims:
- No damage limits
- Can seek injunctive relief
- More formal procedures
- Attorney typically necessary
Practical Considerations
Cost vs. Benefit
Consider:
- What is the dispute worth financially?
- What will legal fees cost?
- Is there a fee-shifting provision (loser pays winner’s fees)?
- Do you plan to stay in the community?
Community Relationships
Suing your HOA can strain neighbor relationships. Weigh this against the importance of your claim.
HOA Resources
HOAs use your dues (and potentially special assessments) to fund their legal defense. This can give them significant resources to fight you.
Frequently Asked Questions
Can the HOA retaliate against me for suing?
Retaliation is generally not allowed, but it happens. Document any changes in how you’re treated after filing complaints or lawsuits. Retaliation itself may be actionable.
Can I challenge a fine or assessment?
Yes. If the fine was imposed without proper notice and hearing (as required by most CC&Rs), or if the rule itself is invalid, you may challenge it.
What if the HOA isn’t following its own rules?
This is one of the strongest bases for legal action. Document how the HOA is deviating from its CC&Rs, bylaws, or established procedures.
Can I sue individual board members?
Generally, board members are protected by the business judgment rule when acting in good faith. However, they may be personally liable for:
- Intentional misconduct
- Gross negligence
- Self-dealing
- Actions outside their authority
How can I find out how the HOA spends money?
Most states require HOAs to provide financial records to homeowners upon request. If the HOA refuses, this itself may be a violation you can enforce.
What if I can’t afford a lawyer?
Consider:
- Small claims court for smaller disputes
- Organizing with other affected homeowners
- Consulting attorneys who offer free initial consultations
- Checking if your state has HOA ombudsman programs
When to Contact a Lawyer
Consider consulting an HOA attorney if:
- You’ve been fined significantly or threatened with a lien
- The HOA is restricting use of your property unreasonably
- You believe you’re being discriminated against
- The HOA refuses to maintain common areas
- You suspect financial mismanagement
- Multiple homeowners have similar complaints
- The dispute involves significant money or property rights
An attorney can evaluate your governing documents, advise on required procedures, and represent you in litigation if necessary.
Last updated: January 2025
This article provides general information about suing homeowners associations. Laws vary significantly by state. Consult with a qualified attorney for advice specific to your situation.
