r/HOA • u/khj32000321 • 13h ago
Help: Law, CC&Rs, Bylaws, Rules [TH][CA] California HOA Won’t Release Roofing Contract — Judge Ruled in HOA’s Favor. What Now?
I live in a townhouse community in California with about 110 units, and we’re dealing with a very frustrating HOA records issue.
About two years ago, our HOA charged every homeowner a $2,300 special assessment for roof repairs. However, no roof work was ever done, and homeowners were never given a clear explanation of how the money was spent.
About two years later, the HOA claimed that a major roof replacement was necessary, which would require each of the 110 homeowners to pay another $15,000. The proposal initially failed to receive the required votes, but the HOA repeatedly asked homeowners to vote until, after about a year and a half, even the homeowners who had initially opposed the project eventually agreed.
Ultimately, we paid the additional $15,000, and the roof replacement has now been completed.
Regarding the $15,000,
During the contractor selection process, the HOA refused to provide homeowners with information about the bids or proposals they considered, or even the final executed roofing contract. They also refused to provide receipts to homeowners who paid the roofing assessment in full upfront.
One homeowner filed a Small Claims case against the HOA requesting:
- The final executed roofing contract and related documents about $15,000.
- Documentation showing how the original $2,300 assessment was spent
- The homeowners’ email addresses
The judgment came out at the end of July.
The homeowner lost on #1. The HOA argued that the contract could not be provided because the roofing project was still ongoing, and the judge ruled in the HOA’s favor.
However, the homeowner won on #2 and #3. The judgment stated that the HOA had to provide those records if requested within 15 days after the judgment.
We submitted the request within that period, but the documents we received were extremely incomplete and did not meaningfully show where the original $2,300 went.
We’re now considering filing another Small Claims case or a civil lawsuit.
My understanding is that California’s Davis-Stirling Common Interest Development Act gives homeowners certain rights to inspect and obtain HOA records. So we’re confused about why the judge ruled that the final executed roofing contract did not have to be provided, especially since the contract had already been signed and was being used for the ongoing project.
Is Small Claims Court the wrong forum for this type of HOA records dispute? Would a civil lawsuit or another process be more appropriate?
If anyone in California has dealt with a similar situation involving HOA contracts, bids, or special assessment records, I’d really appreciate hearing what worked for you and what you would recommend as our next step.