Homeowner Association / Non-Profit Mutual Benefit Corporations
The Office of the Attorney General does not handle most homeowners associations (HOA) complaints. Please consider contacting a private attorney if your complaint is about:
- The Davis-Stirling Common Interest Development Act (California Civil Code section 4000 et seq.)
- The HOA's rules, commonly referred to as Covenants, Conditions and Restrictions (CC&Rs)
- Services and amenities or maintenance issues
- Property management companies
- Accountability for common interest assets, i.e., landscaping, pools and clubhouses
- Parking and the towing of vehicles
- Dues, assessments and citations
- Costs related to written document production requests, such as copying or redaction fees
- Foreclosure proceedings
- Poor management, misappropriation or negligent handling of corporate assets
However, the Office of the Attorney General has limited, discretionary authority to intervene on behalf of homeowners who are denied certain prescribed rights provided by the California Corporations Code. Before making a complaint to our office, please check that the following two conditions are true:
- The HOA is set up as a non-profit, mutual benefit corporations (most, but not all, HOAs satisfy this condition); and
- Your complaint is about one of the violations listed in the table below:
|Corp. Code, Section 7510(b)||Failure to hold a regular meeting of the members.|
|Corp. Code, Section 7510(e)||Failure to hold special meeting after demand by 5 percent or more of members.|
|Corp. Code, Section 7511||Failure to provide notice of a meeting to members.|
|Corp. Code, Section 7511(a)||Failure to provide timely notice of meeting to members.|
|Corp. Code, Section 7512||Transacting business not otherwise authorized in the bylaws at a meeting of members with less than a quorum.|
|Corp. Code, Sections 7513||Failure to provide members with properly conformed written ballot or proxy as authorized in bylaws.|
|Corp. Code, Sections 7514||Failure to provide members with properly conformed written ballot or proxy as authorized in bylaws.|
|Corp. Code, Section 7520||Failure of mutual benefit corporation to provide for reasonable means of nominating and electing persons as directors.|
|Corp. Code, Section 7615||Failure to abide by its bylaws authorizing cumulative voting for directors.|
|Corp. Code, Section 8215||Falsification of or tampering with association reports or records.|
|Corp. Code, Section 8320||Failure to keep books and records, minutes of proceedings, or list of members.|
|Corp. Code, Section 8321||Failure to prepare an annual report.|
|Corp. Code, Section 8321(a)||Failure to provide annual report to member upon written request.|
|Corp. Code, Section 8330(1)||Failure to allow inspection and copying of names and addresses of members upon written request.|
|Corp. Code, Section 8330(2)||Failure to send member list of names and addresses of members upon written request.|
|Corp. Code, Section 8333||Failure to allow inspection of books and records.|
|Corp. Code, Section 8334||Failure to allow director to inspect and/or copy books, records, and documents of the corporation.|
To submit a complaint, please do the following:
- Fill out and send the complaint form. Your complaint must state which of the Corporations Code section(s) in the table above that you think the HOA has violated.
- Please attach copies of supporting documents. Do not send original documents because we cannot return them to you.
- Please include a copy of your written request(s) to the HOA as well as the HOA response letter(s).
You may wish to discuss your HOA issue with an attorney. For information on how to find an attorney, see Attorneys/Lawyers.
If you suspect criminal activity, such as fraud, theft or embezzlement by the HOA's board of directors or individual officers, please file a report with the police or sheriff's department. After investigating the crime, they may send the case to the county district attorney's office for prosecution, if appropriate. The decision whether or not to file criminal charges will then be made by the district attorney.
Additional information is also available from the California Bureau of Real Estate.