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HomeCivil CodeDiv. 4Pt. 5.3Ch. 9Art. 2§ 6858 Association Litigation Authority

§ 6858 Association Litigation Authority

Civil Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 6858 Association Litigation Authority

Key Takeaways

  • •A homeowners association (HOA) can take legal action on its own, without needing all the homeowners to join in.
  • •The HOA can do this for things like enforcing the rules of the neighborhood, fixing damage to shared spaces (like parks or pools), or fixing damage to a home if the HOA is responsible for maintaining it.
  • •The HOA can also step in if damage to one home is connected to damage in shared spaces or other homes they take care of.

Example

A big tree in the neighborhood park falls and smashes a fence that the HOA is supposed to maintain.

The HOA can sue the company that was supposed to take care of the tree or file an insurance claim on its own, without needing all the homeowners to be part of the lawsuit.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 6858 Association Litigation Authority

An association has standing to institute, defend, settle, or intervene in litigation, arbitration, mediation, or administrative proceedings in its own name as the real party in interest and without joining with it, the members, in matters pertaining to the following: (a) Enforcement of the governing documents. (b) Damage to the common area. (c) Damage to a separate interest that the association is obligated to maintain or repair. (d) Damage to a separate interest that arises out of, or is integrally related to, damage to the common area or a separate interest that the association is obligated to maintain or repair. (Added by Stats. 2013, Ch. 605, Sec. 21. (SB 752) Effective January 1, 2014.)

Last verified: January 21, 2026

Key Terms

standinggoverning documentscommon areaseparate interest

Related Statutes

  • § 5980 Association Litigation Authority
  • § 4525 Seller Disclosure Requirements
  • § 4760 Member Property Modifications
  • § 6656 Condominium Project Partition
  • § 6714 Member Property Alterations

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Civil Code. Section 6858.
View Official Source