Aliso Viejo, CA, Oct. 21, 2026 (GLOBE NEWSWIRE) -- Homeowners filed more direct HOA lawsuits than associations did in the latest year of a national study by LS Carlson Law. Their share of the observed cases rose from 42.6% in the first year to 51.6% in the most recent, crossing the halfway mark for the first time in the three-year study period.
The LS Carlson Law team.
In The 2026 HOA Litigation Report, the firm examined 50,962 civil court-filing records from all 50 states and the District of Columbia, dated September 28, 2023, through September 28, 2026. Researchers identified 17,136 lawsuits directly between homeowners and their associations.
"This research reveals an important side of HOA litigation that often gets overlooked," said Luke S. Carlson, founder of LS Carlson Law. "We hear about associations pursuing homeowners over unpaid assessments and rule violations. But the court records also show thousands of homeowners bringing lawsuits of their own, often over the condition of their properties and the way their communities are governed. These are consequential disputes involving people's homes, finances and property rights."
Different Reasons for Going to Court
Associations overwhelmingly sued over money. Financial enforcement, including assessments, dues, liens, collections and foreclosure, appeared in 87.7% of the 7,205 classifiable association-filed cases.
The homeowner-filed cases show why owners sue HOAs. Maintenance, repairs or property conditions appeared in 49.5% of the 5,739 classifiable filings. Community rules and property use appeared in 29.3%, while governance and transparency appeared in 28.7%. Those categories can overlap.
Homeowner claims were spread across thousands of communities: 8,019 lawsuits involved approximately 7,165 different associations. By contrast, 53.2% of association-initiated cases involved an association that filed more than one lawsuit during the study period.
California and Florida Followed Different Patterns
California was already heavily homeowner-led. Owners initiated 76.9% of approximately 1,284 observed direct disputes over the full three-year period, compared with 46.8% nationally. A separate analysis using a stricter California case screen produced a similar result of 77.7%.
In Florida, associations filed most direct disputes statewide; homeowners initiated 43.9%. But that statewide figure concealed a divide between community types. Condominium and cooperative owners initiated 52.8% of observed direct disputes, compared with 29.5% in traditional homeowners and property owners associations.
What the Filings Can—and Cannot—Show
The national shift remained when researchers held each state's weight constant in a second analysis. The homeowner-initiated share rose from 42.5% to 51.2%, indicating that a changing state mix did not explain the crossover.
That does not establish that the total number of HOA lawsuits is rising nationwide. The courts covered by the records expanded during the study period. Researchers also excluded cases in which associations and homeowners were not directly opposed, such as third-party foreclosures, personal-injury claims and disputes involving insurers, contractors or vendors. The findings describe who filed the observed cases, not whether their claims were justified or who prevailed.
"A lawsuit is a breaking point, not a verdict," Carlson said. "Our research doesn't tell us who was right or wrong. It tells us who went to court, what they were fighting about and how those patterns differ across the country. Those findings deserve attention as the national conversation about HOA governance continues."
The study includes national, California and Florida reports, with interactive findings, charts and methodology available on the study page. Luke S. Carlson and the firm's HOA lawyers in California and Florida are available for interviews.
About LS Carlson Law
LS Carlson Law, PC represents homeowners in disputes with homeowners associations and condominium associations in California and Florida. The firm publishes research and homeowner education through its legal resources, Bad HOA book and The Bad HOA Podcast. Its offices are in Aliso Viejo, California and Boca Raton, Florida; learn more at https://www.lscarlsonlaw.com/.
Press Inquiries
Julia Melnick — Press Contact
jmelnick [at] lscarlsonlaw.com
(949) 421-3030
https://www.lscarlsonlaw.com/
85 Enterprise, Suite 310
Aliso Viejo, CA 92656
United States
A video accompanying this announcement is available here: https://youtube.com/watch?v=AZcBleLpmyQ
