Complete Guide

Your Right to a Hearing Before Fines

You cannot be fined without "due process." Learn how to request a hearing and what to say to the board.

8 min readUpdated January 2026

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Requesting a Hearing

Always request a hearing in writing. This pauses the fine process and forces the board to follow procedure.

Why it matters: Many HOAs rely on homeowners simply paying the fine. By requesting a hearing, you signal that you know your rights and are watching their compliance.

At the Hearing

  • You have the right to attend the hearing (Civil Code § 5855(b)). You can:
  • Present your side of the story.
  • Show evidence (photos, emails).
  • Bring a witness.

Tip: Be calm and professional. The goal is to create a record that the violation didn't happen or was cured.

The "Written Decision" Rule

The board cannot just decide silently. They must send you a written decision within 15 days after the hearing (Civil Code § 5855(c)). If they miss this deadline, the fine may be unenforceable.

Frequently Asked Questions

Can I bring a lawyer to the hearing?

Generally, yes, but you must notify the HOA in advance. If you bring a lawyer, the HOA will likely bring theirs, which can escalate costs. For small fines, self-representation is usually sufficient.

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Disclaimer: This guide provides general information about consumer protection rights and is intended for educational purposes only. It is not legal advice. Laws vary by state and individual circumstances differ. Consult a licensed attorney for advice specific to your situation.

Last updated: 2026-01-24.