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.
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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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