⚖️

No Hearing Provided

HOA imposing fines without offering you the opportunity for a hearing before the board or a committee designated by the board.

CC 5855 Due Process Void Fine Board Hearing
📬

Inadequate Notice

HOA failing to provide 15-day advance notice of hearing, not specifying the alleged violation, or not informing you of your right to be heard.

15-Day Notice Written Notice Specific Charges Hearing Rights
📋

No Fine Schedule

HOA imposing fines without having distributed an annual schedule of fines, or charging amounts exceeding the published schedule.

CC 5850 Annual Distribution Schedule Required Amount Limits
🎯

Selective Fining

HOA fining you for violations while ignoring the same violations by other homeowners—evidence of discriminatory or retaliatory enforcement.

Equal Treatment Selective Enforcement Defense Discrimination
💰

Excessive Fines

HOA imposing fines that are unreasonable, disproportionate to the violation, or designed to coerce rather than remedy.

Reasonableness Proportionality Bad Faith Challenge
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Continuing/Daily Fines

HOA imposing daily fines for ongoing violations without proper procedures or in amounts that quickly become unconscionable.

Daily Penalties Cure Period Caps Reasonableness

California HOA Fine Procedures

California law imposes strict procedural requirements on HOAs before they can impose fines or discipline on homeowners. Failure to follow these procedures can void the fine entirely.

Key Protection: Under Civil Code 5855, no fine may be imposed unless the HOA first provides at least 15 days' written notice and an opportunity to be heard before the board or a designated committee. Fines imposed without this hearing are void.

Applicable Statutes

Civil Code 5850

Requires HOAs to annually distribute a schedule of fines for violations. Fines cannot be imposed for violations not on the schedule at amounts exceeding the schedule.

Civil Code 5855

Mandates 15-day notice and hearing before imposing fines or discipline. Owner must have opportunity to address the board before any penalty is imposed.

Civil Code 5855(b)

If the discipline involves monetary penalty, notice must include fine amount. Board must provide written notification of decision within 15 days after hearing.

Civil Code 5105(h)

Qualifications for board candidates—some violations may affect eligibility to run for board, but excessive disqualification rules are prohibited.

Civil Code 5900-5920

Internal Dispute Resolution (IDR) procedures—available to resolve fine disputes before escalating to ADR or litigation.

Civil Code 5975

Enforcement rights—allows owners to challenge improper fines in court and recover attorney's fees as prevailing party.

Required Fine Procedure Under CC 5855

Important: If the HOA skips any of these steps, the fine is procedurally defective. Even if you committed the violation, an improperly imposed fine can be challenged and voided.

Your Hearing Rights

The hearing before the board is your opportunity to present your side and challenge the violation. Understanding and exercising these rights can lead to fines being reduced or dismissed.

What You're Entitled To

Preparing for Your Hearing

Arguments at the Hearing

Executive Session: Under Civil Code 4935, disciplinary hearings are held in executive (closed) session to protect your privacy. However, you can request the matter be heard in open session if you prefer.

Fine Schedule Requirements

California Civil Code 5850 requires HOAs to create and distribute a schedule of fines annually. This protects homeowners from arbitrary or excessive penalties.

What the Fine Schedule Must Include

Annual Distribution Requirement

Challenging Fines Not on Schedule

If the HOA tries to fine you for a violation not listed on their schedule, or at an amount exceeding the schedule, you have strong grounds to challenge:

Record Request: If you haven't received a fine schedule, request it under Civil Code 5200. The HOA must provide it within 10 business days. If they can't produce one, any fine may be challengeable.

Sample Fine Challenge Demand Letter

[Your Name]
[Your Address]
[City, State ZIP]
[Date]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED

[HOA Name]
[Board of Directors]
[Address]
[City, State ZIP]

Re: Challenge to Fine and Demand for Hearing – Civil Code 5855 Violation

Dear Board of Directors:

I write to challenge the fine of $[amount] imposed on my account for an alleged [describe violation] and to demand compliance with Civil Code 5855's hearing requirements.

Procedural Defects: The fine was imposed in violation of Civil Code 5855. Specifically: [Describe procedural failures, e.g., "I received no notice of any hearing before the fine was imposed"; "The notice I received was dated only 7 days before the alleged hearing, not the required 15 days"; "I was not given an opportunity to address the board"; "I have not received any written decision as required"].

Substantive Defects: [If applicable, describe why you didn't violate the rule or why the rule is unenforceable, e.g., "Additionally, the alleged violation is not supported by the facts—the [item] in question complies with Section [X] of the CC&Rs"; "The rule allegedly violated is void because it conflicts with Civil Code [section]"].

Demand: I demand that the Association: (1) Immediately reverse and remove the $[amount] fine from my account; (2) If the Association believes a violation occurred, provide a proper hearing consistent with Civil Code 5855, including at least 15 days' written notice; (3) Cease any collection activity related to this improperly imposed fine.

Under Civil Code 5855, discipline "shall not be imposed" unless proper notice and hearing requirements are satisfied. The fine currently on my account is void. I request IDR pursuant to Civil Code 5900 to resolve this matter. Please contact me within 10 days to schedule a meeting.

Sincerely,

[Your Signature]
[Your Name]

Sample Hearing Demand Letter

[Your Name]
[Your Address]
[City, State ZIP]
[Date]

[HOA Name]
[Board of Directors]
[Address]
[City, State ZIP]

Re: Demand for Hearing Pursuant to Civil Code 5855

Dear Board of Directors:

I have received a violation notice dated [date] regarding [describe alleged violation]. I dispute this alleged violation and hereby demand a hearing before the Board of Directors pursuant to California Civil Code 5855.

Please schedule a hearing and provide me with written notice at least 15 days in advance as required by law. The notice must include: (1) The date, time, and location of the hearing; (2) The nature of the alleged violation, including the specific CC&R or rule provision involved; (3) The amount of any proposed fine; (4) A statement of my right to attend and address the board.

Please be advised that I do not waive any procedural rights by requesting this hearing. If the Association has already imposed a fine without providing a proper hearing, that fine is void and must be reversed immediately.

I am prepared to present evidence and testimony at the hearing demonstrating that [briefly state your position, e.g., "no violation occurred"; "the rule is unenforceable"; "the alleged condition has been corrected"].

Please confirm receipt of this request and provide hearing details within 14 days.

Sincerely,

[Your Signature]
[Your Name]

Challenging Excessive or Unreasonable Fines

When Fines May Be Unreasonable

Defenses Against Excessive Fines

Steps to Challenge

Attorney's Fees: Under Civil Code 5975, the prevailing party in enforcement disputes is entitled to reasonable attorney's fees. If you successfully challenge an improper fine in court, the HOA may be required to pay your legal costs.

Fighting an Improper HOA Fine?

I help California homeowners challenge fines imposed without proper procedures, negotiate reductions, and protect due process rights. Get help navigating HOA fine disputes.

Schedule Consultation Email: owner@terms.law