May 12, 2026
HOA Neglecting Common Area Maintenance? How to Force Repairs in California
Your HOA has a legal duty to maintain common areas. Here's how to enforce it. — California specific laws and procedures.
You've been watching that cracked sidewalk in your development get worse by the month, or maybe the community pool has been "under repair" for so long you're starting to wonder if it ever worked at all. Meanwhile, your HOA dues keep coming every month like clockwork. When you've reached out to the board about these maintenance issues, you've either been ignored completely or gotten vague responses about "budget constraints" and "future planning." It's frustrating to pay for services you're not receiving, especially when you know the HOA has a legal responsibility to maintain these common areas that your dues are supposed to fund.
What State Law Generally Says
California HOAs operate under the Davis-Stirling Common Interest Development Act, found in California Civil Code §4000 et seq. This comprehensive law governs how community associations function throughout the state. Within this framework, California Civil Code §4775 generally places responsibility on the HOA for maintenance of common areas and exclusive use common areas as specified in the community's CC&Rs. The statute text appears to create a clear duty for associations to maintain these shared spaces that homeowners collectively own and fund through their monthly assessments.
When homeowners raise concerns about maintenance issues, California Civil Code §5210 generally requires the HOA to respond to member inquiries within 10 business days. This statute appears designed to prevent associations from simply ignoring legitimate homeowner concerns. The law also establishes enforcement requirements under California Civil Code §5855(b), which generally requires that any violation notices cite specific CC&R provisions and that HOAs enforce rules consistently and uniformly across the community.
For homeowners facing fines related to maintenance disputes, recent changes to California law provide additional context. Under California Civil Code §5855(a), HOAs must generally provide at least 10 days' prior written notice before imposing fines. Additionally, AB 130, effective June 30, 2025, modified California Civil Code §5850(c) to generally cap monetary penalties at $100 per violation unless the violation poses an adverse health or safety impact. This represents a significant change that may affect how associations approach enforcement actions.
Steps a Homeowner Can Consider
Document the Maintenance Issues Thoroughly
Before approaching your HOA formally, you may want to create a comprehensive record of the maintenance problems. Consider taking photographs of the issues from multiple angles, noting the date and time of each photo. Many homeowners find it helpful to document how long the problems have persisted by checking old photos on their phones or asking neighbors about their observations. You might also want to photograph any safety hazards the maintenance neglect has created, as these could fall under the health and safety exceptions mentioned in the fine statutes. Keep a simple log noting when you first observed each problem and how it has changed over time.
Review Your Community's Governing Documents
Your CC&Rs and HOA bylaws contain specific language about maintenance responsibilities that can strengthen your position. Look for sections that describe what areas the association must maintain versus what individual homeowners handle. Many homeowners find it helpful to highlight or bookmark the relevant sections, as you may want to reference these specific provisions in future communications. Pay particular attention to any language about timelines for repairs or maintenance standards. You can typically request copies of these documents from your HOA if you don't have current versions.
Submit a Written Request to the HOA Board
Consider sending a formal written request to your HOA board detailing the specific maintenance issues and requesting a timeline for repairs. Many homeowners choose to reference California Civil Code §4775 and their community's CC&Rs in these letters to demonstrate they understand the legal framework. You may want to mention that you expect a response within 10 business days per California Civil Code §5210. When describing the problems, stick to factual observations rather than emotional language. Send this letter via certified mail so you have proof of delivery, and keep a copy for your records.
Follow Up and Escalate Within the Association
If you don't receive a satisfactory response within the timeframe specified by state law, you might consider attending the next board meeting to raise the issue publicly during the homeowner comment period. Many associations are more responsive when issues are raised in front of other community members. You could also consider reaching out to other affected homeowners to see if they share your concerns about the maintenance issues. Sometimes a group of homeowners expressing the same concern carries more weight than individual complaints.
File a Complaint with State Authorities
California homeowners can contact the California Department of Real Estate (DRE) HOA Information Line for guidance on common interest development disputes. While the DRE doesn't resolve individual disputes, they can provide information about your rights under the Davis-Stirling Act and may investigate patterns of problematic behavior by management companies or associations. For smaller dollar amounts, you might also consider California Small Claims Court, which handles cases up to $12,500 for individuals and doesn't allow attorneys, leveling the playing field between homeowners and associations.
When to Talk to a Licensed Attorney
While many maintenance disputes can be resolved through the self-help steps outlined above, certain situations require professional legal guidance. If your HOA has filed a lien against your property, initiated foreclosure proceedings, or if you're facing a lawsuit, you should consult with a licensed attorney immediately. Similarly, if the maintenance neglect has caused damage to your individual unit or personal property, or if you believe the association's failure to maintain common areas violates fair housing laws or constitutes discrimination, these complex legal theories require professional analysis.
You should also consider speaking with an attorney if the dollar amounts involved are substantial, if you're facing retaliation from the HOA for raising maintenance concerns, or if there are strict deadlines approaching that could affect your rights. Time-sensitive matters, including certain appeal deadlines or statute of limitations issues, can permanently impact your case if not handled properly. An experienced attorney can evaluate whether your situation involves these more complex legal issues that exceed the scope of self-help remedies.
Your Next Step
Now that you understand more about California's legal framework for HOA maintenance responsibilities and the steps you can take on your own, you have several paths forward. The key is starting with documentation and formal written communication that references the relevant statutes and your community's governing documents. Many homeowners find that a well-crafted letter citing specific legal requirements motivates their HOA to take action on maintenance issues that have been lingering for months.
PushBackHOA can help you organize your own statute-referenced letter that you'll review, customize, and send yourself. Our California HOA dispute letter tool walks you through the process of creating a formal communication that references the specific California Civil Code sections relevant to your situation. Remember to check any notices you've received from your HOA for stated deadlines, as appeal timeframes can vary between communities and missing these deadlines might limit your options.
This article is general information only and is not legal advice. PushBackHOA is a self-help document tool, not a law firm. Statutes and procedures change, and the right answer depends on the specific facts of your situation. For any complex matter — including liens, foreclosure, lawsuits, or significant financial exposure — please consult a licensed attorney in your state.