HOA Fines Enforcement Dispute Demand Letters
HOA Fines & Enforcement Dispute Demand Letters
California Davis-Stirling Act & Homeowner Rights
California HOA Law (Davis-Stirling Act)
Davis-Stirling Common Interest Development Act (Civil Code §§ 4000-6150): Governs HOAs, condominiums, and planned developments in California. Provides homeowner protections and sets limits on HOA enforcement powers.
HOA’s Powers & Duties
- Enforce CC&Rs (covenants, conditions & restrictions)
- Adopt and enforce rules and regulations
- Levy assessments for common area maintenance
- Impose fines for violations (subject to limits)
- Initiate lawsuits or foreclosures for unpaid assessments
- Maintain common areas and facilities
Homeowner Rights & Protections
- Notice & Hearing (Civil Code § 5855): Before imposing fines, HOA must provide written notice and opportunity for hearing
- Reasonableness: HOA rules must be reasonable and enforced uniformly
- Access to Records (§ 5200+): Homeowners can inspect HOA’s books, meeting minutes, and financial records
- Dispute Resolution (§ 5900+): Internal Dispute Resolution (IDR) and Alternative Dispute Resolution (ADR) required before lawsuit
- Attorney Fees: Prevailing party in HOA disputes recovers attorney fees (§ 5975)
Fine Limitations
Civil Code § 5850 limits HOA fines:
- Fines must be reasonable and proportional to violation
- Cannot impose fines without notice and hearing
- Cannot fine for violations homeowner did not cause (e.g., guest parking, contractor violations)
- Cannot impose fines that are excessive or punitive beyond deterrence purpose
Common HOA Disputes
1. Unreasonable or Excessive Fines
- $100+/day fines for minor violations (e.g., trash cans visible from street)
- Fines accumulating to thousands of dollars
- HOA imposes fines without following proper notice/hearing procedures
- Selective enforcement (HOA fines you but not neighbors for same violation)
2. Architectural Violations
- HOA denies or delays approval of exterior modifications (paint, landscaping, solar panels, satellite dishes)
- HOA retroactively demands removal of improvements installed years ago
- HOA’s architectural standards are vague or arbitrarily applied
3. Maintenance Failures
- HOA fails to maintain common areas (pool, landscaping, roads)
- HOA fails to repair building defects affecting your unit
- HOA diverts reserve funds to pay for mismanagement or lawsuits
4. Assessment Disputes
- Special assessments imposed without proper vote or notice
- Excessive assessment increases
- Assessments used for improper purposes
5. Harassment & Discrimination
- HOA board members targeting specific homeowners
- Discriminatory enforcement based on race, age, disability, familial status
- Retaliation for attending board meetings or running for board
Writing Your HOA Dispute Demand Letter
Before Sending Demand
- Review CC&Rs and HOA rules to understand what’s enforceable
- Request HOA records (meeting minutes, violation notices to other owners)
- Document selective enforcement or procedural violations
- Attend board meeting and request hearing (if fine-related)
- Consider Internal Dispute Resolution (IDR) if available
Demand Letter Components
| Component | What to Include |
|---|---|
| Subject | “Demand to Withdraw Fine” or “Demand for Maintenance” or “Discrimination Complaint” |
| Statement of Issue | Describe the fine, violation notice, or maintenance failure |
| Legal Violation | Cite specific Davis-Stirling provisions or CC&R sections HOA violated |
| Evidence | Attach photos, HOA correspondence, proof of selective enforcement |
| Demand | Withdraw fine, approve request, make repairs, or provide hearing |
| Deadline | Typically 14-30 days to respond |
| Remedies | State you will pursue IDR, ADR, or file lawsuit if not resolved |
Sample Demand Letters
Sample 1: Excessive Fine Without Proper Notice
[Your Name]
[Property Address]
[Date]
[HOA Name]
Board of Directors
[Address]
RE: DEMAND TO WITHDRAW IMPROPER FINE
Property: [Your Address]
Dear Board Members:
I am writing to demand that you immediately withdraw the $[Amount] fine you imposed on [Date] for [alleged violation].
IMPROPER FINE:
Your notice dated [Date] states I violated [CC&R section or rule] by [description: parking RV in driveway, leaving trash cans visible, etc.]. You imposed a fine of $[Amount per day] beginning [Date].
This fine violates California Civil Code § 5855 because:
1. NO PRIOR NOTICE OF HEARING: You did not provide me with written notice and opportunity for hearing before imposing the fine. Section 5855 requires HOA to provide at least 10 days’ advance written notice of the hearing before imposing any fine.
2. EXCESSIVE FINE: $[Amount/day] is grossly disproportionate to the alleged violation. This is a minor, easily correctable issue. The fine is punitive, not remedial.
3. SELECTIVE ENFORCEMENT: You have not fined other owners for identical violations. My neighbors at [Addresses] have [same violation] and have not been fined. Attached are photos showing [evidence of selective enforcement].
DEMAND:
I demand that you:
• Immediately withdraw the $[Total Fine Amount] fine
• Remove all late fees and interest related to this fine
• Provide written confirmation that my account is clear
I corrected the alleged violation on [Date] (see attached photos).
REMEDIES:
If you do not withdraw this fine within 14 days, I will:
• File Internal Dispute Resolution (IDR) request
• Pursue Alternative Dispute Resolution (ADR)
• File lawsuit challenging the fine as improper and seeking attorney fees under Civil Code § 5975
Respond within 14 days.
Sincerely,
[Your Signature]
[Your Name]
Attachments:
– Photos showing violation corrected
– Photos of neighbors with same violation not fined
Sample 2: Arbitrary Denial of Architectural Request
[Your Name]
[Address]
[Date]
[HOA Name]
Architectural Committee
[Address]
RE: DEMAND FOR APPROVAL OF ARCHITECTURAL REQUEST
Solar Panel Installation at [Your Address]
Dear Committee:
I demand approval of my architectural request to install solar panels, submitted on [Date].
REQUEST SUMMARY:
On [Date], I submitted a complete architectural request to install solar photovoltaic panels on my roof. The request included:
• Detailed plans and specifications
• Photos showing proposed appearance
• Contractor license and insurance
• HOA application fee
Your denial letter dated [Date] stated the reason as “aesthetic concerns” without further explanation.
DENIAL IS IMPROPER:
Civil Code § 4746 (Solar Rights Act) prohibits HOAs from unreasonably restricting solar panel installation. Your denial is unreasonable because:
1. The panels will be installed on the rear roof slope, not visible from street
2. Panels are low-profile black frames matching roof color
3. Multiple neighbors have similar solar panels already installed and approved
4. You provided no specific aesthetic standards I failed to meet
DEMAND FOR APPROVAL:
I demand that you approve my solar panel request within 14 days. If you believe modifications are needed, specify exactly what changes would make the application acceptable.
REMEDIES:
If you do not approve within 14 days, I will:
• File lawsuit under Civil Code § 4746 seeking order requiring approval
• Seek attorney fees (awarded to prevailing party)
• Install panels and defend any enforcement action
California strongly favors solar energy. Courts routinely overturn HOA denials of solar requests.
Approve my request immediately.
Sincerely,
[Your Signature]
[Your Name]
Homeowner Remedies
Internal Dispute Resolution (IDR)
Civil Code § 5900+ requires HOA offer IDR before filing lawsuit:
- Homeowner requests IDR in writing
- HOA must meet and discuss dispute in good faith
- Non-binding resolution process
- Must exhaust IDR before suing (with exceptions)
Alternative Dispute Resolution (ADR)
Mediation or arbitration before trial:
- Either party can request ADR
- Mediator helps parties negotiate settlement
- Arbitration is binding if agreed upon
- Faster and less expensive than court trial
Litigation
- Sue HOA for breach of CC&Rs, improper fines, maintenance failures
- Sue for discrimination or harassment (Fair Housing Act, Unruh Act)
- Seek injunctive relief (court order requiring HOA to approve request or make repairs)
- Recover attorney fees if you prevail (Civil Code § 5975)
Withholding Assessments
⚠️ Very Risky: Withholding HOA assessments can result in late fees, lien on property, and foreclosure. Even if HOA breached obligations, you generally cannot withhold assessments. Pay under protest and sue for refund.
Attorney Services
HOA Dispute?
I represent homeowners in disputes with HOAs over fines, architectural denials, maintenance failures, and discrimination. I handle IDR, ADR, and litigation to protect your rights.
How I Can Help
- Review HOA fines and violation notices for procedural defects
- Draft demand letters citing Davis-Stirling violations
- Represent you in IDR and mediation
- File lawsuits challenging improper fines or enforcement
- Sue for HOA’s failure to maintain common areas
- Defend HOA collection actions and foreclosures
Schedule a Call
Book a call to discuss your HOA dispute. I’ll review your CC&Rs, assess your rights, and advise on the best strategy for resolving the issue.
Contact Information
Email: owner@terms.law