HOA Disputes
Complete guide to handling homeowners association disputes in small claims court.
HOA Money Disputes
Improper fines, disputed assessments, maintenance failures, and rule enforcement issues can often be resolved in small claims court when they involve money damages.
What Small Claims CAN Handle
- •Improper fines or penalties not supported by CC&Rs
- •Disputed special assessments (money disputes)
- •Damage from HOA maintenance failures
- •Common area repairs the HOA failed to make
- •Reimbursement for repairs you made due to HOA neglect
- •Selective or discriminatory rule enforcement (money damages)
What Requires Different Courts
- •HOA foreclosure actions (requires civil court)
- •Injunctions to stop HOA actions
- •Fair housing discrimination claims
- •Challenges to CC&R validity
- •Claims exceeding state small claims limits
- •Declaratory judgments on rule interpretation
Common Scenarios
Improper Fines
You received a fine for a violation that doesn't exist in the CC&Rs, wasn't properly noticed, or was selectively enforced against you but not neighbors doing the same thing.
Disputed Assessment
A special assessment was improperly approved, calculated incorrectly, or charged for work that was never completed or was unnecessary.
Maintenance Not Performed
The HOA is responsible for certain maintenance (roof, exterior, landscaping) but failed to perform it, causing damage to your unit or requiring you to pay out-of-pocket.
Common Area Issues
Pool, gym, parking, or other common areas are unusable due to neglect, or you were wrongfully denied access to amenities you pay for through dues.
Evidence You Should Gather
HOA cases require careful documentation. The CC&Rs and meeting minutes are often the most important evidence.
Governing Documents
- CC&Rs (Covenants, Conditions & Restrictions)
- HOA Bylaws
- Rules and Regulations
- Architectural guidelines
- Fine schedule and enforcement policy
Meeting Records
- Board meeting minutes
- Annual meeting minutes
- Assessment vote documentation
- Budget and financial statements
Communications
- Violation notices received
- Your written complaints to HOA
- HOA responses or lack thereof
- Demand letter before filing
Photos & Financial Records
- Photos of maintenance issues or damage
- Evidence of selective enforcement
- Payment records and statements
- Repair receipts if you paid
Critical Information About HOA Disputes
Pro Tip: Request Records in Writing
Most states give homeowners the right to inspect HOA records. Request meeting minutes, financial records, and violation records in writing to build your case.
Document Selective Enforcement
If neighbors are doing the same thing without being fined, take photos with timestamps. Selective enforcement may make fines unenforceable.
Example Case + How This Site Helps
Example: Your HOA charged repeated fines that violate its own rules.
You were billed for alleged violations without notice or hearing steps required by the HOA documents. You seek refund of improper charges.
Typical claim range: $300-$4,000
What to collect first
- HOA governing documents and notice requirements
- Fine notices, account statements, and payment records
- Written requests for hearing or internal review
Confirm fit and priorities
Start with the quiz so the app can steer you toward the right dispute flow and state rules.
Take the quizOrganize evidence and timeline
Use Case Manager to track facts, deadlines, and uploads so your story is clear and ready for court.
Open Case ManagerPrepare your pre-filing package
Generate a demand letter and supporting documents to improve settlement chances before filing.
Build demand packagePlan filing and hearing prep
Use filing guidance, calendar, and statement tools so you can submit correctly and present clearly.
Review filing stepsReady to Assess Your HOA Dispute?
Take our intake quiz to organize your facts and determine if small claims court is the right approach.
Legal Disclaimer
This page provides general information only and is not legal advice. Laws vary by state and locality, and information may be outdated. No attorney-client relationship is created. Consult a licensed attorney for advice about your specific situation. See our Terms of Service and Privacy Policy.