California law lets association (HOA) homeowners file in small claims court to enforce specific laws governing

• Access to HOA records particularly financial records
• Voting rights, the validity of elections
• First amendment/political expression rights
• Architectural changes
• Recovery of monies paid under protest,   e. g. fines or late charges or illegal towing charges
• HOA’s failure to maintain common areas

Many homeowners have successfully used small claims to enforce their legal rights.  TWO RESOURCES that helped them were: (1) county law libraries and (2) county Self-Help Centers.  Both resources are FREE.

• Since January of this year staff at county Self-Help Centers have been getting training in homeowner association law and in the disputes that homeowners can bring into small claims court.  Staff will not provide legal advice, but will guide homeowners through the process of going to court and preparing court papers.
   
• Self-Help Centers are part of each court in California‘s 58 counties.  They were started because so many Californians – like HOA owners – can’t afford a lawyer and want to represent themselves in court instead of hiring an attorney.  Here’s the link where you can find the Self-Help Center in your county: https://www.courts.ca.gov/selfhelp-selfhelpcenters.htm?rdeLocaleAttr=en
   
• Each county also has a law library where homeowners can research association law – with the help of reference librarians.  To find your local law library, go here:  http://www.sblawlibrary.org/find-a-california-public-law-library.html

Again: using the library is free.  Again: neither the librarian nor the Self-Help Center will give legal advice about your case, but they will help with information and guidance.  Getting the right information is critical because – in order to use small claims successfully — homeowners must

• Understand the laws they are suing under
• Sue only for claims permitted by law, e. g. to inspect and to copy HOA records
• Learn how to document their case with facts (aka “evidence”)
  
  
• Self-Help Center services vary by county.  Some Centers offer phone and video appointments and chat lines.  Others offer in-person services only.  Office hours vary.  It’s best to find out where the library and Self-Help Center in your county is located, to research services and get acquainted with staff BEFORE you need them – not when you’re under stress trying to resolve a problem with the board or property manager or your neighbor.
• Another helpful resource — also FREE — is the handbook published by the California Department of Consumer Affairs called Small Claims Court: A Guide to Its Practical Use.  You can download and print this 56-page booklet without charge  https://www.dca.ca.gov/publications/small_claims/small_claims.pdf
• The Center for HOA Law does archive successful small claims suits filed by homeowners in California courts, both urban and rural, and we will post them when we re-launch the CCHAL website.
• Help support the work of the Center for HOA Law (CCHAL) by making a donation here: https://calhomelaw.org/
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• Questions/comments? Email us at info@calhomelaw.org