Failure to Repair: When Your HOA Won't Fix What They Should

Failure to Repair: When Your HOA Won't Fix What They Should

Your roof is leaking. Mold is spreading. The board won't return your calls — or tells you it's your problem when it isn't. In this episode of Bad HOA, Luke Carlson and Marty break down failure-to-repair disputes: what your HOA is actually obligated to maintain, where boards typically get it wrong, and how homeowners can build a documented case that gets taken seriously. This is the third installment in the 2026 Dispute Series Revisited — applying the STRIKE method to one of the most common (and most damaging) HOA problems we see. * The three property categories that drive maintenance fights: common areas, exclusive-use common areas, and separate interests * Why your CC&Rs are the first place to look — and how the Davis-Stirling Act fills the gaps when governing documents are silent or conflict with state law * Fiduciary duty and the heightened standard of care board members generally owe every homeowner * Real scenarios from years of HOA litigation: the atmospheric river that flooded 20 units after a roofer left a hole uncovered, selective repairs that favor board members' homes, and the deferred-maintenance death spiral that ends in a massive special assessment * Why an independent inspection report from a licensed professional is often the single most useful piece of leverage a homeowner can build * How the STRIKE method — Stay calm, Track everything, Record and organize evidence, Invest in knowledge, Keep it precise, Escalate only if necessary — applies when your unit is being damaged in real time * When informal dispute resolution (IDR) helps, when it's a trap, and how to walk away if a board member tries to rage-bait you * The five signals that may indicate it's time to bring in an attorney If the board has notice, the documents say it's their responsibility, and nothing is happening — this episode is the playbook for what to do next. Web: https://www.lscarlsonlaw.com/hoa-attorney [https://lscarlsonlaw.com/hoa-disputes?utm_source=chatgpt.com] Reddit: r/badhoa [https://reddit.com/r/badhoa?utm_source=chatgpt.com] YouTube: @lscarlsonlaw [https://www.youtube.com/@lscarlsonlaw?utm_source=chatgpt.com] Instagram: @lscarlsonlaw on Instagram [https://www.instagram.com/lscarlsonlaw/?utm_source=chatgpt.com] Facebook: LS Carlson Law on Facebook [https://www.facebook.com/lscarlsonlaw/?utm_source=chatgpt.com] LinkedIn: LS Carlson Law on LinkedIn [https://www.linkedin.com/company/lscarlsonlaw/?utm_source=chatgpt.com] X: @lscarlsonlaw on X [https://x.com/lscarlsonlaw?utm_source=chatgpt.com] Spotify: Bad HOA on Spotify [https://open.spotify.com/show/0Fghhb6ZjG1GfG7F4PDcNA?utm_source=chatgpt.com] Apple Podcasts: Bad HOA on Apple Podcasts [https://podcasts.apple.com/us/podcast/bad-hoa/id1743840073?utm_source=chatgpt.com] YouTube Playlist: Bad HOA Podcast Playlist [https://youtube.com/playlist?list=PLe8IADUDqQ0jtUvHKS6447Xf1bphf03ZE&si=piqR0WTgJWxZWe7F&utm_source=chatgpt.com] Legal Disclaimer: The information in this episode is provided for general informational purposes only and should not be considered legal advice. Listening to this episode does not create an attorney-client relationship with LS Carlson Law or any of its attorneys. Laws and regulations can change, and how they apply to your situation may vary depending on the facts and jurisdiction. If you have specific questions about your rights or obligations under your HOA's governing documents, consult with a qualified attorney licensed in your state. LS Carlson Law practices in California and Florida and represents homeowners only.

How to Use Your CC&Rs to Hold Your HOA Accountable

Most homeowners think their CC&Rs only tell them what they can't do. In this episode, Luke Carlson and Marty break down why CC&Rs may actually be one of the most powerful tools a homeowner has — and how they can be used to hold an HOA accountable when the board isn't following its own rules.The episode covers the three core components of HOA governance — CC&Rs, bylaws, and rules — and explains where each one sits in the authority hierarchy. Luke walks through how state and federal law can override outdated CC&R provisions, and why boards that ignore this hierarchy often open themselves up to legal challenges. He also explains fiduciary duty in plain terms: what it means, why board members are held to a heightened standard of care, and how a breach of fiduciary often goes hand in hand with other violations like selective enforcement and failure to maintain common areas.Luke and Marty revisit the STRIKE method, applying it specifically to CC&R disputes — staying calm, tracking everything in writing, organizing evidence, investing in knowledge, keeping communications precise, and escalating only when necessary. They also walk through the IDR (Informal Dispute Resolution) process under the Davis-Stirling Act as a practical first step before involving an attorney.The episode closes with red flags that may signal it's time to consult with an attorney, including selective enforcement, rule changes made without proper procedure, threats to property or finances, and receiving a letter from the HOA's lawyer. Connect with UsWeb: https://lscarlsonlaw.com/hoa-disputes [https://www.youtube.com/redirect?event=video_description&redir_token=QUFFLUhqbmJtRGIxclNzTlFKZG5ZTHVkTGw4bTdmZVY0QXxBQ3Jtc0ttX3dSRXFYVGJCdU51QUR1UTRNbXF3VmZNRXd1akpOX0pPQWk2QjVRazd0QWpJanhrRzNxMnAwOE9NQ2s1Vzh0VVMwYUZHcmRGMGY2RnNzdFcxV3BUZkhuWnpQZ0N3Y0x1b1U0c3gtQ3JYZzhsS3VDUQ&q=https%3A%2F%2Flscarlsonlaw.com%2Fhoa-disputes&v=OGKgb4gpJw4]Reddit:   / badhoa   [https://www.youtube.com/redirect?event=video_description&redir_token=QUFFLUhqbDJBOGFJXzV0Snk0ZUNGQ0xlT1FtVUMwNU1Zd3xBQ3Jtc0tuRE4xSXpKTm1seU41aDBTemR1OERERXR4SmdLVGNLWl9vRU1helNXdjBOakE4Y0E3NEZ5U1NpX1prbzJneDhBZUNBbXY2UldtOGxHWENkaVFHUTdsR3E3WWJsZWV0bXpJYmU0ZW9qM0Q3X0w1NFZJaw&q=https%3A%2F%2Freddit.com%2Fr%2Fbadhoa&v=OGKgb4gpJw4]YouTube:    / @lscarlsonlaw   [https://www.youtube.com/channel/UCtPfnVAFQg80ePBJGvDWn5Q]Social:Instagram:   / lscarlsonlaw   [https://www.youtube.com/redirect?event=video_description&redir_token=QUFFLUhqa0JFMW1KamVId0VxS3pJeEYtYXlVaXVJWjJkQXxBQ3Jtc0tuemQ1MFgtYS1IV2lLeXVTR2xJQmE3YmJWdllwVFNZZ3AwUllXSEVkT0VXQzA2dDk5VjVQMnUwR0hDVFR6c0JzdjhqcnpUaUkzdkNyaFI1b04wNnVOSXVzbmZqVWh0QnpVLTExVVhCVmtiVFc5SjdaSQ&q=https%3A%2F%2Fwww.instagram.com%2Flscarlsonlaw%2F&v=OGKgb4gpJw4]Facebook:   / lscarlsonlaw   [https://www.youtube.com/redirect?event=video_description&redir_token=QUFFLUhqbkFnZVNvZzE2bGJtZ3NLeDNOSFowUk82cldaQXxBQ3Jtc0tuUkYwakI3S1lvNnB2em9sVHhlRDNUNVFhZGlKdzc0dkFkS1g2d2lQWTQxRHpmTWxQaVJ4WWZVNUl5djBKTWJhV1FIc2V1SUdMaFZicUxqZE41eFVNQ2ZmZ2I3Uy1CLUZZbkZ4RVpldVBwMGhyTV9Sdw&q=https%3A%2F%2Fwww.facebook.com%2Flscarlsonlaw%2F&v=OGKgb4gpJw4]LinkedIn:   / lscarlsonlaw   [https://www.youtube.com/redirect?event=video_description&redir_token=QUFFLUhqbHhERHRsb01qZVFjQ2J0Nm1JOFhXZV82U1Q5d3xBQ3Jtc0ttUGtFQ240Z2RENWJFMUZvQkVQRG5oeFBWd2FPTWg3QVpPVzFNbV9CVGVBMEZuMWdKenIyVkVFQTlJNnhHYjlSZjNoMkp1MXFtdzhPU2dDVS1iRFFNR21uMlNiNWstTzdvbWprM0FfMjRIZ1g4b2RPWQ&q=https%3A%2F%2Fwww.linkedin.com%2Fcompany%2Flscarlsonlaw%2F&v=OGKgb4gpJw4]X: https://x.com/lscarlsonlaw [https://www.youtube.com/redirect?event=video_description&redir_token=QUFFLUhqa0F6b2ZkQndnWG8yWWsteGRleXpTdTFjdXYxZ3xBQ3Jtc0tuT05nR1ZnRm1tV0RxeEMwUVFEUk1EcGZDejdrVU1rRVRKNE80TXpTVXpoOEpCZGFIQmM2d0NkUVZROUVRU05STmY3WE9lal9SZDBMYTFOU1ZsSldnTGo4eVUydHZDel9yZU9HUlBqTm14WHdKS09XWQ&q=https%3A%2F%2Fx.com%2Flscarlsonlaw&v=OGKgb4gpJw4]Bad HOA Podcast:Spotify: https://open.spotify.com/show/0Fghhb6... 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LS Carlson Law practices in California and Florida and represents homeowners only.

Is your HOA enforcing rules against you while giving your neighbors a free pass?

In this episode of the Bad HOA Podcast, attorney Luke Carlson and co-host Marty revisit one of the most requested topics in the series — selective enforcement. Nearly 50 episodes in, the show has evolved from education into a full tactical toolkit for homeowners, and this episode applies that framework directly to the two forms of selective enforcement: targeting and preferential treatment. Luke and Marty break down how selective enforcement actually materializes in California and Florida communities — from fines levied against one homeowner while identical violations go ignored, to board members granting special variances to their friends. They walk through the California Davis-Stirling Act provisions that require uniform rule application (Civil Code sections 4350, 4765, and 5975), explain how AB-130 now caps HOA fines at $100 to prevent boards from weaponizing the fine mechanism, and define key terms like "variance" that homeowners often encounter but rarely understand. Topics covered in this episode include the two flavors of selective enforcement (targeting and preferential treatment), real-world examples of board abuse, how the Davis-Stirling Act protects California homeowners, the AB-130 fine cap, the STRIKE method applied to selective enforcement disputes, when to request IDR (informal dispute resolution), red flags that signal it's time to get an attorney involved, and the launch of the Empowered Homeowner merch line. The episode also introduces the Empowered Homeowner merch collection — sweatshirts, hats, mugs, and tote bags — with a free giveaway for r/badhoa subreddit members. This is not legal advice. It’s the kind of informed conversation that helps homeowners understand selective enforcement and their rights before they need to act on them. CONNECT WITH USWebsite: https://lscarlsonlaw.com/hoa-disputes [https://lscarlsonlaw.com/hoa-disputes]Reddit: https://reddit.com/r/badhoa [https://reddit.com/r/badhoa]YouTube: https://www.youtube.com/@lscarlsonlaw [https://www.youtube.com/@lscarlsonlaw] SOCIALInstagram: https://www.instagram.com/lscarlsonlaw/ [https://www.instagram.com/lscarlsonlaw/]Facebook: https://www.facebook.com/lscarlsonlaw/ [https://www.facebook.com/lscarlsonlaw/]LinkedIn: https://www.linkedin.com/company/lscarlsonlaw/ [https://www.linkedin.com/company/lscarlsonlaw/]X: https://x.com/lscarlsonlaw [https://x.com/lscarlsonlaw] LEGAL DISCLAIMERThe information in this video is provided for general informational purposes only and should not be considered legal advice. Viewing this video does not create an attorney-client relationship with LS Carlson Law or any of its attorneys. Laws and regulations can change, and how they apply to your situation may vary depending on the facts and jurisdiction. If you have specific questions about your rights or obligations under your HOA's governing documents, consult with a qualified attorney licensed in your state. LS Carlson Law practices in California and Florida and represents homeowners only.

If You Can't Dismantle Your HOA, What Can You Do? Real Alternatives That Work

This episode is the follow-up homeowners have been asking for. After our episode on the "nuclear option"—the idea of dissolving an HOA entirely—we heard from a lot of listeners who wanted to know: if that's off the table, what actually works? That's exactly what Luke digs into here. The core argument of this episode is straightforward: HOA problems are almost always people problems. The structure of an association isn't the issue—it's who's running it. And since dissolving an HOA creates serious legal and practical complications (think common area ownership, mortgage implications, and municipal land-use structures), the more productive path is learning how to change the people in charge. This episode walks through the practical tools homeowners have available, why most people don't use them, and what it actually takes to create meaningful change in a community that's been mismanaged. What's Covered: * Why dissolving an HOA usually isn't realistic — legal complications, common area obligations, and what municipalities expect * What boards actually control — management company relationships, budget and reserve decisions, enforcement, architectural approvals, and more * Homeowner apathy and why bad boards depend on it — how inaction enables dysfunction and what "light duty" participation looks like in practice * Your home as your largest investment — why that framing changes how involved you should be * The coalition model — why individual complaints rarely gain traction and how community-wide issues require organized responses * Elections and how to use them strategically — knowing the candidates, vetting their motivations, and running yourself * Recall under California's Davis-Stirling Act — how the 5% petition threshold works and why it's more accessible than most homeowners realize * Fiduciary duty and special assessments — what boards are legally obligated to do with finances and maintenance, and how failures can create compounding legal liability * Common mistakes when running for the board — going it alone, running on anger instead of solutions, and not understanding the governing documents * Key takeaways — changing the board's DNA, using available tools, and why giving up is the worst option If you're dealing with a board that feels untouchable, this episode is worth your time. The tools exist. Most homeowners just don't know they have them. Connect with Us Web: https://lscarlsonlaw.com/hoa-disputes [https://lscarlsonlaw.com/hoa-disputes] Reddit: https://reddit.com/r/badhoa [https://reddit.com/r/badhoa] YouTube: https://www.youtube.com/@lscarlsonlaw [https://www.youtube.com/@lscarlsonlaw] Social:Instagram: https://www.instagram.com/lscarlsonlaw/ [https://www.instagram.com/lscarlsonlaw/]Facebook: https://www.facebook.com/lscarlsonlaw/ [https://www.facebook.com/lscarlsonlaw/]LinkedIn: https://www.linkedin.com/company/lscarlsonlaw/ [https://www.linkedin.com/company/lscarlsonlaw/]X: https://x.com/lscarlsonlaw [https://x.com/lscarlsonlaw] Bad HOA Podcast: Spotify: https://open.spotify.com/show/0Fghhb6ZjG1GfG7F4PDcNA [https://open.spotify.com/show/0Fghhb6ZjG1GfG7F4PDcNA]Apple Podcasts: https://podcasts.apple.com/us/podcast/bad-hoa/id1743840073 [https://podcasts.apple.com/us/podcast/bad-hoa/id1743840073] YouTube: https://youtube.com/playlist?list=PLe8IADUDqQ0jtUvHKS6447Xf1bphf03ZE&si=piqR0WTgJWxZWe7F [https://youtube.com/playlist?list=PLe8IADUDqQ0jtUvHKS6447Xf1bphf03ZE&si=piqR0WTgJWxZWe7F] Legal Disclaimer:The information in this podcast is provided for general informational purposes only and should not be considered legal advice. Listening to this podcast does not create an attorney-client relationship with LS Carlson Law or any of its attorneys. Laws and regulations can change, and how they apply to your situation may vary depending on the facts and jurisdiction. If you have specific questions about your rights or obligations under your HOA's governing documents, consult with a qualified attorney licensed in your state. LS Carlson Law practices in California and Florida and represents homeowners only.

The Real Limits of Your HOA Architectural Committee's Power

Architectural control committees are at the center of some of the most common—and most frustrating—HOA disputes. Paint colors, patios, fences, solar panels, landscaping: if it's visible, there's a good chance your HOA's architectural control committee has some say over it. But where does that authority actually come from, and what happens when it's applied inconsistently or unfairly? In this episode, Luke Carlson and Marty break down how architectural control committees work from the ground up—including the legal framework in California, the difference between CC&Rs and architectural guidelines, and the patterns of selective enforcement that homeowners encounter most often. They also walk through a practical framework for handling a denial on your own and explain the warning signs that suggest it may be time to involve an attorney. What You'll Learn: * Where architectural committees get their authority—and where it ends * The difference between CC&Rs, bylaws, and architectural guidelines, and why it matters * How California Civil Codes 4340, 4350, and 4360 shape what HOAs can and cannot enforce * Why state law (solar access, EV charging, drought-tolerant landscaping) can override HOA rules entirely * The most common causes of inconsistent or arbitrary enforcement * The "reliance" problem—what happens when a board or manager gives informal approval and then reverses course * Step-by-step guidance for handling a denial yourself before escalating * How the IDR and ADR processes work and when each makes sense * Red flags that indicate legal representation may be necessary Episode Segments: * Introduction — The board's authority to amend guidelines without a homeowner vote * What Architectural Committees Actually Regulate — Paint, roofing, fencing, landscaping, solar, and much more * The Legal Foundation — CC&Rs, guidelines, and California Civil Code * When State Law Takes Over — Solar, EV charging stations, and drought-tolerant plants * How Inconsistencies Happen — Rotating committees, vague language, and poor record-keeping * Real-World Examples of Selective Enforcement — The patio, the fence, the paint color * The Reliance Problem — Verbal approvals, informal sign-offs, and what happens when they fall apart * What Committees Can and Cannot Do Legally — Bright lines under California law * Handling It Yourself — The IDR process, the appeals process, and the STRIKE method * When to Bring in an Attorney — Red flags and what legal intervention actually looks like Connect with Us Web: https://lscarlsonlaw.com/hoa-disputes [https://lscarlsonlaw.com/hoa-disputes] Reddit: https://reddit.com/r/badhoa [https://reddit.com/r/badhoa] YouTube: https://www.youtube.com/@lscarlsonlaw [https://www.youtube.com/@lscarlsonlaw] Social:Instagram: https://www.instagram.com/lscarlsonlaw/ [https://www.instagram.com/lscarlsonlaw/]Facebook: https://www.facebook.com/lscarlsonlaw/ [https://www.facebook.com/lscarlsonlaw/]LinkedIn: https://www.linkedin.com/company/lscarlsonlaw/ [https://www.linkedin.com/company/lscarlsonlaw/]X: https://x.com/lscarlsonlaw [https://x.com/lscarlsonlaw] Bad HOA Podcast:Spotify: https://open.spotify.com/show/0Fghhb6ZjG1GfG7F4PDcNA [https://open.spotify.com/show/0Fghhb6ZjG1GfG7F4PDcNA] Apple Podcasts: https://podcasts.apple.com/us/podcast/bad-hoa/id1743840073 [https://podcasts.apple.com/us/podcast/bad-hoa/id1743840073] YouTube: https://youtube.com/playlist?list=PLe8IADUDqQ0jtUvHKS6447Xf1bphf03ZE&si=piqR0WTgJWxZWe7F [https://youtube.com/playlist?list=PLe8IADUDqQ0jtUvHKS6447Xf1bphf03ZE&si=piqR0WTgJWxZWe7F] Legal Disclaimer:The information in this podcast is provided for general informational purposes only and should not be considered legal advice. Listening to this episode does not create an attorney-client relationship with LS Carlson Law or any of its attorneys. Laws and regulations can change, and how they apply to your situation may vary depending on the facts and jurisdiction. If you have specific questions about your rights or obligations under your HOA's governing documents, consult with a qualified attorney licensed in your state. LS Carlson Law practices in California and Florida and represents homeowners only.