Complete Guide
Understanding the $100 Fine Cap (AB 130)
Effective 2022, California law limits most HOA fines to $100 per violation. Is your HOA overcharging you?
Key Takeaways
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The AB 130 Rule
Assembly Bill 130 amended the Civil Code to protect homeowners from excessive penalties.
The Limit: Fines are generally capped at $100 for a first violation.
Why this exists: HOAs were using fines as a revenue source rather than a disciplinary tool. The legislature stepped in to stop $500 or $1,000 fines for minor infractions like trash cans or weeds.
The "Safety" Exception
The $100 cap does NOT apply if the violation presents an "immediate threat to health or safety."
- Examples of Safety Threats:
- Blocking a fire lane.
- Allowing a dangerous dog to roam loose.
- Storing hazardous materials.
- Not Safety Threats:
- Painting your door the wrong color.
- Leaving a trash can out.
- Weeds in the lawn.
If your HOA fines you $500 for weeds and claims it's a "safety threat," they are likely violating the statute.
Frequently Asked Questions
Can they fine me every day?
For "continuing violations" (like an unapproved fence), fines can accumulate, but the HOA must follow their published fine schedule and provide notice. They cannot arbitrarily stack fines.
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