Regulation of HOAs
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REGULATION OF HOAs

Attorney General. The Office of the Attorney General has jurisdiction over Corporation Code issues involving incorporated homeowner associations. Because the AG's jurisdiction is limited to enforcement of the Corporations Code, it does not enforce the Davis-Stirling Act because the Act involves the Civil Code not the Corporations Code. Complaints about associations that violate the Corporations Code may be submitted to the Attorney General's Public Inquiry Unit.

Office of the Attorney General
California Department of Justice
Attn: Public Inquiry Unit
P.O. Box 944255
Sacramento, CA 94244-2550

Department of Real Estate. The Department of Real Estate does not regulate homeowner associations or HOA management companies, nor does it have jurisdiction over the enforcement of CC&Rs, bylaws or Civil Code sections. The DRE is a licensing and regulatory agency empowered to discipline real estate brokers and agents. The DRE is also involved in overseeing developers of common interest developments. Once a developer turns over control of an association to its members, DRE's oversight ends.

Courts. Although the courts are not regulatory agencies, they can be used to sort out the legal rights and duties of parties, provide injunctive relief and award damages. Some matters involving the Davis-Stirling Act can be addressed by small claims courts, while others must be addressed through superior courts (following an offer of alternative dispute resolution).

ASSISTANCE: Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.

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