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]