HOA Disputes
San Diego HOA Dispute Attorneys
Khashayar Law Group represents both homeowners and homeowners associations (HOAs) in California disputes governed by the Davis-Stirling Common Interest Development Act (Civil Code §§4000–6150). HOA disputes are procedurally dense — the Davis-Stirling Act imposes specific notice, voting, hearing, and dispute-resolution requirements that often determine the outcome before the merits are reached.
Common California HOA Disputes
Recurring HOA disputes include:
- CC&R interpretation and enforcement — what the recorded covenants actually require and whether the HOA has selectively enforced.
- Architectural-review denials — addition, paint, landscaping, solar, EV charging, and accessory dwelling unit (ADU) applications.
- Assessment and special-assessment disputes — including challenges to the assessment basis.
- Election and recall disputes — under Davis-Stirling election procedures (Civil Code §§5100–5145).
- Board governance and fiduciary duty — duties owed by HOA directors to members.
- Common-area defects and maintenance — the HOA's duty to maintain common areas.
- Internal Dispute Resolution (IDR) and Alternative Dispute Resolution (ADR) — required by Civil Code §§5900–5965 before most lawsuits.
- Solar, EV charging, and ADU rights — California statutes (Civil Code §714 for solar; Civil Code §4745 for EV charging; Government Code §65852.2 for ADUs) override conflicting CC&Rs.
Why the Davis-Stirling Act Matters
The Davis-Stirling Act imposes mandatory pre-litigation procedures — IDR for member-to-association disputes and ADR for enforcement actions. Failure to follow the right procedure can result in dismissal or attorneys' fee awards against the non-complying party. The firm handles HOA matters with attention to every Davis-Stirling step.
How Khashayar Law Group Handles These Matters
Khashayar Law Group approaches every matter with the same trial-ready discipline that produced over $165 million in recoveries firm-wide. Daryoosh Khashayar has tried cases before juries, before judges, and before the California Court of Appeal, where he has secured multiple reversals of Superior Court rulings. He has litigated against major insurers including GEICO and Progressive, and against large corporations including Walmart and Costco.
ABOTA Membership and What It Means for Clients
Daryoosh Khashayar is a member of ABOTA — the American Board of Trial Advocates, an invitation-only organization for attorneys with exceptional verified civil jury trial experience and judicial recommendations. The firm has recovered more than $165 million for clients and prepares every matter — transactional or litigated — with the trial-readiness corporate counterparties respect.
Frequently Asked Questions
What is the Davis-Stirling Act?
California's primary common-interest-development statute, codified at Civil Code §§4000–6150. It governs HOAs, condominium associations, and planned developments — including elections, assessments, dispute resolution, and member rights.
Can my HOA prevent me from installing solar panels?
Generally not. California Civil Code §714 voids HOA restrictions that significantly increase the cost or decrease the efficiency of solar energy systems. HOAs can impose reasonable aesthetic restrictions that do not materially impair performance.
Can my HOA prevent an ADU on my property?
Most California HOAs cannot prohibit ADUs on single-family lots. California Government Code §65852.2 limits local and HOA restrictions on accessory dwelling units. Some review and reasonable design conditions are permitted.
Does my HOA have to mediate before suing me?
Usually yes for enforcement actions. Under California Civil Code §§5925–5965, most HOA enforcement actions require an offer of Alternative Dispute Resolution (ADR) before suit. Failure to offer ADR can support fee-shifting against the HOA.
How long do I have to challenge an HOA election in California?
Generally one year from the date of the election under Civil Code §5145. A member must also have followed IDR procedures and met other procedural prerequisites.
Talk to a San Diego HOA Dispute Attorney
Khashayar Law Group serves clients throughout San Diego and California. Consultations are free and confidential. Call (858) 509-1550 or visit our office at 1350 Columbia St., Suite 303, San Diego, CA 92101.
