Every HOA board and manager has dealt with some version of the same complaint: two neighbors don’t get along, and one of them wants the association to fix it. Most of the time it stays civil. Sometimes it doesn’t. A recent California Court of Appeal decision, Woolard v. Regent Real Estate Services, Inc., took on the harder question of what happens when a neighbor dispute escalates into real harm, and whether the HOA or its management company can be held responsible for not preventing it.
What Happened
The case grew out of a 2019 altercation at a Southern California condominium community. An argument between two sets of neighbors escalated into a physical fight, and the residents who were sued in the aftermath argued that the HOA and its management company should have intervened earlier. They claimed that ongoing complaints about “harassment” from the other residents put the association on notice that something serious could happen, and that failing to act made the HOA and its manager negligent.
The trial court disagreed and ruled in favor of the HOA and management company. The residents appealed.
Why the Court Sided With the HOA
To win a negligence claim, a plaintiff has to show that the defendant owed them a specific legal duty, and that the duty was breached. On appeal, the residents couldn’t point to any actual duty the HOA or its manager had to step into a personal dispute between owners. Their argument came down to foreseeability: the association knew tensions were high, so it should have done something.
The Court of Appeal rejected that reasoning. Foreseeability alone doesn’t create a legal duty, and the court was clear that requiring HOAs and their managers to mediate or resolve disputes between residents would place an unreasonable burden on associations that simply aren’t equipped, or authorized, to police their communities.
What This Means for Boards and Managers
This ruling reinforces something most experienced HOA professionals already understood, but it’s helpful to have it affirmed in writing:
- Associations don’t have a general duty to intervene in neighbor-to-neighbor conflicts. Enforcing governing documents is the HOA’s job. Playing referee between two residents is not.
- HOAs are not a substitute for law enforcement. When conflicts escalate to threats or violence, that’s a matter for the police, not the board.
- Consistent enforcement still matters. The court noted that the HOA and manager had responded to complaints and followed their standard process, which supported the finding that they’d met their obligations. Documentation and a clear paper trail continue to be a board’s best protection.
- This isn’t a green light to ignore complaints. Associations still need to take reports seriously, especially where fair housing or discrimination concerns might be involved, and respond within the scope of their governing documents.
If your community is dealing with an ongoing conflict between residents, it may be worth talking with your management team and legal counsel about adopting a formal neighbor dispute policy. It won’t turn your board into mediators, but it will give everyone, staff, board members, and residents, a clear, consistent process to point to when tensions rise.
This post is intended for general informational purposes and reflects a recent California appellate decision. It is not legal advice. Associations with specific concerns about resident disputes or their governing documents should consult HOA legal counsel.
Source: OC View July | August 2026 article HOAs Are Not Law Enforcement by Steve Tinnelly, Esq. of Tinnelly Law Group