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 Luke walks through how state and federal law can override outdated CC&R provisions, and why boards that ignore this hierarchy often open themselves up to legal challenges.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. 00:00 Introduction 01:58 IMA Award for Best Legal Podcast 05:50 Why CC&Rs Matter More Than You Think 08:08 CC&Rs, Bylaws, and Rules Explained 14:02 The Authority Hierarchy 17:05 Amending CC&Rs, Bylaws, and Rules 22:04 How HOAs Break Their Own Rules 25:18 What Fiduciary Duty Means for Board Members 29:16 The STRIKE Method for CC&R Disputes 42:35 When to Bring In Legal Counsel #HOA #BadHOA #HomeownerRights #HOADisputes #HOABoard #DavisStirling #CaliforniaHOA #BadHOAPodcast Connect with Us Web: https://lscarlsonlaw.com/hoa-disputes Reddit:   / badhoa   YouTube:    / @lscarlsonlaw   Social: Instagram:   / lscarlsonlaw   Facebook:   / lscarlsonlaw   LinkedIn:   / lscarlsonlaw   X: https://x.com/lscarlsonlaw Bad HOA Podcast: Spotify: https://open.spotify.com/show/0Fghhb6... Apple Podcasts: https://podcasts.apple.com/us/podcast... YouTube:    • Bad HOA   Legal Disclaimer: The 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.