The state Attorney General is a top legal authority. But he or she will not handle every issue that comes up. You cannot expect the AG’s office to take on your case unless it falls under his or her authority.

The National Association of Attorneys General explains the basic job duties of this position are to stand up for the public interest and to represent the government in legal cases. The California Attorney General notes that in limited situations, this could mean handling your claims against your homeowners’ association.

Conditions

In general, the AG’s office will not take on your HOA case. But if you meet two criteria, then the AG will handle it.

The first condition is that your HOA must be a non-profit, mutual benefit corporation. The second is that your claim falls under a specific corporation code violation. There is a long list, but they include many issues that violate administrative duties, such as holding meetings and properly informing members of the bylaws. They also include recordkeeping issues and reporting requirements.

Complaints

If you meet the criteria, then you will need to complete and submit a complaint form. The information you provide must state the exact corporation code violation. You will need to provide copies of your supporting documentation and any communications you have had with the HOA.

If your case does not meet the criteria to have it go to the Attorney General, then you will need to go through the regular court system. The AG cannot handle cases that do not meet the requirements, and you will only waste your time trying to file a complaint for a case that does not fall under the AG’s duties.