The Hedge | Brutal Honesty Over Hype Since 2008
When an HOA wants to fine a homeowner for a CC&R violation or take other disciplinary action, California law requires a specific due process procedure before any fine can be levied. Boards that skip these procedures — which is common — create legally defective fines that homeowners have the right to refuse. Understanding the required process protects you from paying fines that weren’t properly levied.
The Pre-Hearing Notice Requirement
California Civil Code Section 5855 requires that before the board can impose a monetary penalty on a member, the board must provide written notice of the alleged violation and the member’s right to attend a hearing before the board. The notice must be provided at least 10 days before the scheduled hearing. The notice must specify the date, time, and place of the hearing. A fine levied without providing this notice and opportunity to be heard is procedurally defective — the member can challenge it through the association’s internal dispute resolution process or in court.
The Hearing Rights
At the enforcement hearing, you have the right to: present your position and evidence; bring witnesses or documents supporting your defense; and receive a written decision from the board specifying the board’s findings and the basis for any fine imposed. The board’s decision must be issued in writing. A fine imposed at a hearing where you were denied the opportunity to speak, or where the board failed to issue a written decision, is procedurally defective.
Disputing Improper Fines
If you believe a fine was improperly levied — either because proper notice wasn’t given, the hearing wasn’t conducted properly, or the underlying violation notice was deficient — request internal dispute resolution (IDR) with the HOA within 30 days of the fine being levied. California Civil Code Section 5900 requires associations to offer IDR. If IDR fails, you can demand alternative dispute resolution (ADR) through a neutral mediator or arbitrator. The HOA must participate in ADR before filing a civil lawsuit to collect unpaid fines. Use these procedural requirements as leverage in every dispute.
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