← Demand Letters HOA Fine Dispute Guide CA Law

Fighting an HOA Fine in California? Know Your Davis-Stirling Rights

California HOAs must follow strict procedural requirements before fining you. Missed notice? No hearing? The fine may be void. I handle these disputes and can help you understand your options.

Understanding HOA Fine Disputes in California

If you live in a common interest development in California, you know HOAs can fine you for rule violations. But many homeowners do not realize that the Davis-Stirling Common Interest Development Act gives you significant procedural protections. I see HOAs regularly skip required steps, making their fines unenforceable.

Key Point: Procedure Matters

An HOA fine is only valid if the HOA followed proper procedures. If they skipped notice, denied you a hearing, or failed to offer internal dispute resolution, the fine may be void regardless of whether you actually violated a rule.

Common HOA Fine Disputes I Handle

Step-by-Step: How to Dispute an HOA Fine

1

Request Documents

Under Civil Code 5200, you have the right to request and receive copies of the CC&Rs, rules, and meeting minutes. Send a written request to the HOA for the specific rule they claim you violated and the board resolution adopting that rule.

2

Check Procedural Compliance

Review whether the HOA gave you 10 days written notice of a hearing (CC 5855), allowed you to attend and speak at the hearing, and provided the written decision within 15 days. Any gap is grounds to challenge the fine.

3

Request IDR (Internal Dispute Resolution)

Under CC 5900-5920, you have the right to meet and confer with the board before they can pursue collection. Send a written request for IDR. The HOA must respond within a reasonable time.

4

Demand Fine Rescission

If the HOA violated procedures, send a formal demand letter citing the specific Davis-Stirling violations and demanding the fine be rescinded. Use certified mail, return receipt requested.

5

Escalate if Necessary

If IDR fails, you can request formal ADR (mediation/arbitration) or file in small claims court for amounts up to $12,500. For larger disputes or injunctive relief, you would file in superior court.

California Law: Davis-Stirling Act Requirements

Civil Code Section 5855 - Hearing Requirements Before Fines

This is your most important protection. Before the HOA board can impose a fine, they must:

  • Give you at least 10 days written notice of the hearing date
  • Inform you of the nature of the alleged violation
  • Allow you to attend the hearing and address the board
  • Provide a written decision within 15 days of the hearing

CC 5855: "When the board meets to consider or impose discipline... the board shall notify the member in writing, by either personal delivery or individual delivery, at least 10 days prior to the meeting."

Civil Code Sections 5900-5920 - Internal Dispute Resolution (IDR)

Before an HOA can file a lawsuit against you (including to collect fines), they must:

  • Offer you the opportunity for internal dispute resolution
  • Meet and confer in good faith to resolve the dispute
  • Attempt resolution before escalating to court

You can also request IDR at any time. The HOA must provide a fair, reasonable, and expeditious IDR procedure in their rules.

Civil Code Section 5660 - Pre-Lien Requirements

Before recording a lien against your property, the HOA must:

  • Send an itemized statement of charges owed
  • Inform you of your right to request a payment plan
  • Notify you of your right to dispute the debt through IDR/ADR
  • Wait at least 30 days after providing this notice

Important: A lien cannot include late charges, fines, or collection costs unless you received proper notice and hearing under CC 5855.

Selective Enforcement Defense

If the HOA fines you for a violation but ignores identical violations by other homeowners, you may have a selective enforcement defense. Courts have held that HOAs must enforce rules uniformly. Document other homes with the same "violation" that were not fined.

Rule Must Be Properly Adopted

Under CC 4360, operating rules must be adopted following specific procedures including written notice to members and a 28-day comment period. If the rule you allegedly violated was never properly adopted, it may not be enforceable.

Evidence Checklist for HOA Fine Disputes

Strong documentation is essential to challenging an improper fine. Gather the following:

📄
Fine Notice The letter or notice from the HOA claiming you violated a rule. Note the date received and how it was delivered.
📋
Hearing Notice Did you receive at least 10 days written notice of a hearing? Save the envelope showing postmark date.
📜
CC&Rs and Rules Request copies of the specific rule you allegedly violated, the CC&Rs, and any board resolution adopting the rule.
📝
Board Meeting Minutes Request minutes from the meeting where your fine was imposed. Check if proper procedure was followed.
📸
Photos of Other Violations If alleging selective enforcement, photograph other properties with identical "violations" that were not fined.
📧
All Correspondence Save every email, letter, and notice between you and the HOA regarding this dispute.
✉️
Certified Mail Receipts For anything you send to the HOA, use certified mail and save the green cards as proof of delivery.
📊
Fine Schedule Request the HOA's schedule of fines. Check if the amount is authorized by the CC&Rs and if it matches the schedule.

Dispute Letter Template

This template is designed to challenge an HOA fine where proper procedures were not followed. Customize it based on your specific situation. Send via certified mail, return receipt requested.

HOA Fine Dispute Letter - California

[Your Name] [Your Property Address] [City, CA ZIP] [Your Email] [Date] VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED [HOA Name] [HOA Management Company, if applicable] [HOA Address] [City, CA ZIP] Re: Formal Dispute of Fine - Property Address: [Your Address] Fine Amount: $[Amount] Fine Date: [Date of Fine Notice] Dear Board of Directors: I am writing to formally dispute the fine of $[amount] imposed on my property at [your address] for the alleged violation of [describe alleged violation]. REQUEST FOR INTERNAL DISPUTE RESOLUTION Pursuant to California Civil Code Sections 5900-5920, I hereby request Internal Dispute Resolution (IDR) regarding this fine. Please provide me with available dates and times for a meet-and-confer session within the next 30 days. PROCEDURAL DEFICIENCIES The fine imposed is procedurally defective for the following reasons: [Include applicable items below:] 1. INADEQUATE HEARING NOTICE (CC 5855) I did not receive the required 10 days written notice prior to any board hearing regarding this alleged violation. Civil Code 5855 requires "at least 10 days" notice before the board meets to consider discipline. [Describe: e.g., "I received notice on [date] for a hearing held on [date], which was only [X] days notice."] 2. NO OPPORTUNITY TO BE HEARD (CC 5855) I was not given the opportunity to attend a hearing and address the board before the fine was imposed, as required by Civil Code 5855. [Describe what happened.] 3. NO WRITTEN DECISION (CC 5855) I did not receive a written decision within 15 days of any hearing, as required by Civil Code 5855. 4. RULE NOT PROPERLY ADOPTED (CC 4360) Upon review of HOA records, the rule I allegedly violated was not adopted in compliance with Civil Code 4360, which requires written notice to members and a 28-day comment period for operating rules. 5. SELECTIVE ENFORCEMENT This rule is being selectively enforced against me. [List other properties with identical conditions that were not fined, with addresses if possible.] DEMAND Based on the procedural deficiencies described above, I demand that the Board: 1. Immediately rescind the $[amount] fine; 2. Remove any reference to this alleged violation from my account and HOA records; 3. Confirm in writing that no lien will be recorded regarding this matter; 4. Participate in IDR as required by California Civil Code 5900-5920. RESERVATION OF RIGHTS If the Board fails to rescind this improper fine and participate in IDR, I will pursue all available legal remedies, including but not limited to: - Filing a complaint in California Superior Court seeking declaratory relief, injunctive relief, and recovery of attorney's fees under Civil Code 5975 - Filing in small claims court for recovery of any amounts improperly collected - Reporting violations of the Davis-Stirling Act to appropriate authorities Please respond to this letter within 15 days. I can be reached at [email] to schedule IDR. Sincerely, [Your Signature] [Your Printed Name] cc: [HOA Management Company, if different from above] Enclosures: - Copy of fine notice received - [Other relevant documents]
Before Sending
  • Replace all bracketed text with your specific information
  • Delete any numbered sections that do not apply to your case
  • Attach copies (not originals) of relevant documents
  • Keep a copy of everything you send
  • Send via certified mail, return receipt requested

Frequently Asked Questions

No. California Civil Code 5855 requires HOAs to give you at least 10 days written notice of a hearing and the opportunity to be heard before the board imposes a fine. If your HOA skipped the notice or hearing, the fine is procedurally defective and may be void.

Write to the board immediately citing CC 5855 and demanding the fine be rescinded.

First, request copies of the CC&Rs and rules the HOA claims you violated. Then request IDR (Internal Dispute Resolution) under CC 5900-5920 - the HOA must offer this before pursuing collection.

If IDR fails, you can request ADR (Alternative Dispute Resolution) or file in small claims court. Document everything in writing and send all correspondence via certified mail.

Yes, but there are strict procedural requirements. Under CC 5660, the HOA must send you an itemized statement, inform you of your right to request a payment plan, notify you of IDR/ADR rights, and wait at least 30 days before recording a lien.

The lien cannot include late charges, fines, or collection costs unless you received proper notice and hearing. Foreclosure for fines alone (without unpaid assessments) is extremely difficult in California.

IDR (Internal Dispute Resolution) is a meet-and-confer process between you and the HOA board required under CC 5900-5920. It is free and must be offered before the HOA can file a lawsuit against you.

ADR (Alternative Dispute Resolution) involves a neutral mediator or arbitrator.

Court is the last resort - if your dispute involves $12,500 or less, small claims court is fast and inexpensive. For larger amounts or complex issues, you would file in superior court.

How I Handle HOA Fine Disputes

I represent California homeowners in disputes with HOAs, from challenging improper fines to defending against lien threats. Here is what I offer:

Services

Fee Structure

Service Fee
Dispute letter preparation $450 flat fee
IDR/ADR representation and negotiation $240/hour
Contingency (larger claims) 33-40%

Get Help With Your HOA Fine Dispute

I evaluate HOA fine disputes to determine if the HOA violated Davis-Stirling procedures and what remedies are available. Contact me to discuss your situation.

Or email: owner@terms.law