State Law Guide - Updated January 2026
California HOA Laws and Homeowner Rights
Under Davis-Stirling Common Interest Development Act (California Civil Code Section 4000 et seq.), California homeowners have specific rights when facing HOA fines and violations. 10 days written notice before hearing (Civil Code Section 5855). Fines are capped at $100.
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Your Rights Under Davis-Stirling Common Interest Development Act
California law provides important protections for homeowners facing HOA enforcement actions. Understanding these rights can help you identify procedural defects that may void improper fines.
10-Day Notice Requirement
HOA must provide written notice at least 10 days before any hearing
Hearing Rights
You have the right to attend, present evidence, and address the board
Right to Cure
Board cannot fine you if you fix the violation before the hearing
$100 Fine Cap (AB 130)
Fines cannot exceed $100 unless documented health/safety threat
Voidability
Any fine imposed without proper procedure is void and unenforceable
$100 Fine Cap in California
Fines cannot exceed $100 unless documented health/safety threat (AB 130)
Many HOAs are unaware of or ignore this cap. If your fine exceeds $100, it may be voidable under California law.
Common HOA Violations in California
HOAs can only enforce rules that are properly documented in the governing documents (CC&Rs). Here are common violation types that California homeowners face.
California-Specific Issues
- -fire mitigation
- -defensible space
- -drought-resistant landscaping
- -solar panel disputes
- -EV charger installation
- -ADU compliance
Common Nationwide Issues
- -architectural modifications
- -landscaping
- -parking
- -noise complaints
- -pet violations
- -rental restrictions
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California HOA Oversight
California Department of Real Estate
California has state-level HOA oversight. You can file complaints and seek assistance for disputes.
Visit California Department of Real EstateFrequently Asked Questions
How do I dispute an HOA fine in California?
Under the Davis-Stirling Act (Civil Code Section 5855), you have the right to request a hearing before the board imposes any fine. The HOA must provide you at least 10 days written notice before the hearing. You can attend, present evidence, and address the board. If you cure the violation before the hearing, the fine cannot be imposed.
What is the maximum HOA fine in California?
Under AB 130 (effective 2022), California HOA fines are capped at $100 per violation unless the violation creates a documented threat to health and safety. Many HOAs are unaware of this cap and attempt to impose higher fines, which are voidable under Civil Code Section 5855(g).
Can my HOA fine me without a hearing in California?
No. California Civil Code Section 5855 requires HOAs to provide notice and an opportunity to be heard before imposing a fine. Fines imposed without proper procedure are voidable. You must receive at least 10 days written notice of the hearing.
Where do I file a complaint against my HOA in California?
You can file complaints with the California Department of Real Estate (DRE) for HOA manager misconduct, or with the California Attorney General for fraud or discrimination. For disputes about fines or governance, you must first attempt ADR (mediation/arbitration) per Civil Code Section 5930 before filing a lawsuit.
What is the Davis-Stirling Act?
The Davis-Stirling Common Interest Development Act (Civil Code Section 4000 et seq.) is California's comprehensive HOA law governing all aspects of HOA operations including governance, finances, meetings, enforcement, and dispute resolution. It provides significant protections for homeowners.
Can my HOA foreclose on my home for unpaid fines in California?
HOA foreclosure for fines alone is very limited in California. Under Civil Code Section 5720, HOAs can only foreclose for unpaid assessments (not fines) and only after following specific procedures including offering a payment plan. Many fine-based liens are unenforceable.
Official California Resources
- California Attorney General HOA Information(Government)
- California Department of Real Estate(Government)
- California Small Claims Court(Courts)
- Davis-Stirling Act Full Text(Statute)
- California HOA Fair Debt Collection(Government)
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Based on California Civil Code Section 4000 et seq.