HOA Rules in San Bernardino, CA: What Residents Actually Need to Know
If you live in San Bernardino or are thinking about moving there, hoa rules are one of those things you probably won't think about until they affect you directly. San Bernardino has 5 specific rules on the books covering different aspects of hoa rules, and some of them might surprise you.
Assessment & Dues
San Bernardino HOA assessments follow CA Civil Code 5600. Regular dues can rise up to 20 percent per year, and special assessments up to 5 percent of budget, without a vote. Anything larger needs member approval.
Key details: Regular Cap: 20 percent annually. Special Cap: 5 percent of budget. Budget Notice: 30 to 90 days before fiscal year. Late Fee: 10 percent or 10 dollars. Foreclosure Threshold: 1,800 dollars or 12 months.
Contact your local code enforcement office for specific penalty information.
Architectural Review
San Bernardino HOA architectural review follows CA Civil Code 4765. Reviews must be fair, decisions delivered in writing, and denials carry an appeal right. State law preempts bans on solar and native plants.
Key details: Governing Law: CA Civil Code 4765. Written Denial: Required. Appeal Right: Required. Solar Preemption: Civil Code 714. Native Plants: Civil Code 4735.
Contact your local code enforcement office for specific penalty information.
Board Procedures
San Bernardino HOAs operate under CA Davis-Stirling Civil Code 4000. Boards hold open meetings with 4-day notice, keep minutes, allow member comment, and follow the Open Meeting Act at Civil Code 4900.
Key details: Governing Law: Davis-Stirling Act, Civil Code 4000. Open Meeting: Civil Code 4900. Notice: 4 days general, 2 days executive. Minutes: Available within 30 days. Elections: Secret ballot, Civil Code 5100.
Contact your local code enforcement office for specific penalty information.
CC&R Enforcement
San Bernardino HOA CC and R enforcement follows CA Civil Code 5850. Before fines, the board must give 10-day written notice, hold a hearing, and issue a written decision within 15 days. Selective enforcement is barred.
Key details: Notice Required: 10 days advance. Hearing: Executive session. Decision: Written within 15 days. Fees: Civil Code 5975 prevailing party. Preemption: Solar, plants, EV, ADU.
Contact your local code enforcement office for specific penalty information.
Dispute Resolution
San Bernardino HOAs must offer Internal Dispute Resolution and Alternative Dispute Resolution under CA Civil Code 5900 before most lawsuits. Either side can demand a meet-and-confer, and refusal can affect fee awards.
Key details: Governing Law: CA Civil Code 5900 plus. IDR: Internal meet-and-confer. ADR: Mediation or arbitration. Monetary Exception: 10,000 dollars or less. Prevailing Fees: Civil Code 5975.
Contact your local code enforcement office for specific penalty information.
The Bottom Line
San Bernardino's hoa rules rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming San Bernardino is broadly strict or permissive.
Keep in mind that San Bernardino can amend these rules at any council meeting. For the most current version of any rule mentioned here, check the specific ordinance page, where we track updates as they happen.