Complete Guide
California Homeowner's Guide to Fighting HOA Fines (Davis-Stirling)
Complete guide to challenging unfair HOA fines under the Davis-Stirling Act. Learn about notice requirements, hearing rights, and the $100 fine cap.
Key Takeaways
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procedural defects that void your HOA fine
The 4 Procedural Requirements for Fines
Under the Davis-Stirling Act, an HOA cannot simply slap a fine on your account. They must follow a strict legal procedure. If they skip any step, the fine is invalid.
1. Adopted Fine Schedule The HOA must have a published "fine schedule" distributed to all members (Civ. Code § 5850). They cannot make up fine amounts on the fly.
2. Notice of Hearing You must receive written notice at least 10 days before the board meets to discuss the fine (Civ. Code § 5855).
3. The Hearing The board must hold a hearing (usually in executive session) where you have the right to speak.
4. Notice of Decision The board must send you a written decision within 15 days after the hearing (Civ. Code § 5855(c)).
Your Right to a Hearing (Due Process)
Civil Code § 5855 is your due process protection. It guarantees your right to be heard before being penalized.
What happens at the hearing? You have the right to attend, present evidence, and explain why the fine shouldn't be imposed. You can bring a lawyer (though it's usually not necessary for small fines).
Common Violation: If the HOA fines you *without* offering a hearing, or sends the fine notice *before* the hearing takes place, they have violated due process. The fine is unenforceable in court.
The $100 Fine Cap (AB 130)
Effective 2022 (via AB 130), fines for most violations are capped to protect homeowners from excessive penalties.
The Rule: Fines cannot exceed $100 per violation unless the violation presents an immediate threat to health or safety.
- Exceptions:
- Health/Safety hazards (e.g., fire risks, blocked fire lanes).
- Repeat violations (if the fine schedule allows escalating fines).
Alternative Dispute Resolution (ADR)
If the board ignores your rebuttal, you have the right to request Internal Dispute Resolution (IDR) under Civil Code § 5900.
- How IDR works:
- You send a written request for IDR.
- The HOA *must* participate (it's mandatory for them, voluntary for you).
- You meet with a board member to try to resolve the dispute at no cost to you.
- Any agreement reached is binding and judicially enforceable.
Related State & Topic Guides
Frequently Asked Questions
Can the HOA fine me for my tenant's behavior?
Yes, owners are generally liable for their tenants. However, you still have the right to a hearing. You can then pass the fine onto your tenant if your lease allows.
Do I have to pay the fine while disputing it?
It is often safer to pay "under protest" to avoid late fees or interest, then demand a refund. However, if the fine is procedurally void (no hearing), you may choose to stand your ground. Consult an attorney for large amounts.
Can they tow my car for unpaid fines?
Generally, no. Towing is regulated by the Vehicle Code. HOAs can usually only tow for parking violations (e.g., blocking a fire lane), not as a punishment for unpaid fines.
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