HOA Dispute Over Your Roof or Shingles? What to Do in California

You got a letter from your HOA saying your roof or shingles need to be replaced — or maybe they've sent you a fine, and you're not even sure who's supposed to be responsible for the repair in the first place. Perhaps you've been waiting weeks for a straight answer from your HOA board about whether the roof is a common area or your problem, and nobody's getting back to you. Whatever your specific situation looks like, you're not alone. Roof and shingle disputes are among the most contentious HOA conflicts California homeowners face — partly because they involve significant money, and partly because the line between what the HOA maintains and what you maintain isn't always obvious from reading your own documents. This guide walks through what California law generally says, what steps you might consider taking on your own, and when it makes sense to get a licensed attorney involved.

What State Law Generally Says

California HOA communities are governed by the Davis-Stirling Common Interest Development Act, found at California Civil Code §4000 et seq. This is the foundational state law that sets the rules for how HOAs in California operate — including how they can enforce their rules, assess fines, and communicate with homeowners. Under Davis-Stirling, an HOA's authority flows primarily from its own governing documents: the CC&Rs (Covenants, Conditions, and Restrictions), bylaws, and rules. One of the most common points of confusion in roof disputes is maintenance responsibility. California Civil Code §4775 generally addresses this directly, stating that an HOA is responsible for the repair and maintenance of common areas, and that exclusive use common areas are maintained as specified in the CC&Rs. Whether a roof or specific roof components — like flashing, gutters, or the roofing membrane — fall into the category of common area or exclusive use common area depends on how your CC&Rs define those terms. The statute makes clear that the CC&Rs control, so reviewing your specific documents against §4775 is a natural starting point.

If your HOA has issued a fine in connection with your roof or shingles, there are additional statutes that appear to govern how that fine process is supposed to work. California Civil Code §5855(a) generally requires that before an HOA imposes a fine, it must provide the homeowner with at least 10 days' prior written notice of a hearing where the homeowner has an opportunity to be heard. Skipping that notice or compressing that timeline may not comply with the statute's requirements. Additionally, §5855(b) generally requires that any violation notice cite the specific CC&R provision the homeowner is alleged to have violated — a vague notice referencing broad community standards without a specific provision may not satisfy that standard. There is also a newer development worth knowing: AB 130, which amends California Civil Code §5850(c) and takes effect June 30, 2025, generally caps HOA monetary penalties at $100 per violation unless the violation poses an adverse health or safety impact. If you're facing fines that significantly exceed that threshold for a non-safety issue, that provision may be relevant to your situation — though whether it applies to your specific fine is something you'd want to review carefully, or discuss with an attorney if the dollar amount is significant. For a broader look at HOA fines by state, that resource can help you put California's rules in context.

Communication matters too. Under California Civil Code §5210, the HOA generally is required to respond to member inquiries within 10 business days. If you've submitted a written question about your roof maintenance responsibility or the basis for a fine and haven't received a response within that window, that lack of response may itself be a relevant fact worth documenting. Understanding the general framework of what HOAs can legally enforce can also help you evaluate whether the demand you've received falls within the HOA's typical scope of authority under California law.

Steps a Homeowner Can Consider

Step 1: Pull Together Your Governing Documents and Read the Maintenance Sections Carefully

Before anything else, you may want to locate your CC&Rs, bylaws, and any rules and regulations your HOA has adopted. Specifically, look for sections that define "common area," "exclusive use common area," and "maintenance responsibilities." Many California CC&Rs include a specific schedule or chart that assigns maintenance duties. Highlight any language that addresses roofs, roofing materials, or building exteriors. Write down the exact section numbers — you'll reference these if you write a formal response to your HOA. If you don't have a copy of your governing documents, you can request them from the HOA in writing; California law generally gives homeowners the right to obtain these records.

Step 2: Document Everything With Photographs and a Written Timeline

Homeowners in disputes like this often find that a clear paper trail makes a meaningful difference. Consider taking dated photographs of the roof or shingles at issue — showing both the current condition and any surrounding common area elements (gutters, fascia, shared rooflines). If the damage or deterioration appears to originate from a common area component, document that specifically. Keep a running log of every communication you've had with the HOA — dates, what was said or written, and who you spoke with. Save all letters, emails, and text messages. If any HOA representative made verbal statements about responsibility, note those in your log as close to the time they happened as possible.

Step 3: Send a Written Inquiry That References the Specific Statute

If you haven't already received a clear answer about who is responsible for the roof maintenance in your situation, consider submitting a written inquiry to the HOA board. In your letter, you might reference California Civil Code §4775 and ask the HOA to identify the specific provision of the CC&Rs that assigns repair responsibility for the roof or shingles in question. You can also ask the HOA to confirm in writing whether the area at issue is classified as common area or exclusive use common area under the governing documents. Sending this letter by certified mail with return receipt requested creates a verifiable delivery record. Under Civil Code §5210, the HOA generally has 10 business days to respond to member inquiries — so note that deadline on your calendar from the date of confirmed delivery.

Step 4: If You've Received a Fine, Review the Notice for Procedural Requirements

Look at your fine notice carefully. Does it identify the specific CC&R provision you allegedly violated, as generally required by Civil Code §5855(b)? Did you receive at least 10 days' advance written notice of a hearing opportunity before the fine was imposed, as generally described in §5855(a)? Does the fine amount exceed $100 for a non-safety matter — which, on or after June 30, 2025, may not align with the cap established by AB 130's amendment to §5850(c)? If any of these elements appear missing or inconsistent with the statute's general requirements, that's worth noting in a formal written response. Homeowners who want to understand the process more broadly may find it useful to review how to appeal an HOA fine before drafting their response letter.

Step 5: Consider Requesting a Formal Hearing in Writing

Most California HOAs are required under Davis-Stirling to offer homeowners a hearing before a fine becomes final. If you haven't had that opportunity, you may want to send a written request for a hearing, citing Civil Code §5855(a). At the hearing, you'd have the chance to present your position — including any evidence about maintenance responsibility under the CC&Rs and any procedural issues with how the fine was issued. Keep your request brief, factual, and focused on the specific provisions at issue. Send it by certified mail and keep a copy for your records.

When to Talk to a Licensed Attorney

Self-help steps like the ones above can be effective for many straightforward disputes — but some situations genuinely