Fontana vs San Bernardino
How do cc&r enforcement rules compare between Fontana, CA and San Bernardino, CA?
Fontana and San Bernardino have similar restriction levels.
Fontana, CA
San Bernardino County
Fontana HOAs enforce CC&Rs through written notice, hearings, and fines under Davis-Stirling. Civil Code 5850+ limits fines and requires due process; some CC&R restrictions are preempted by state law.
View full Fontana rules →San Bernardino, CA
San Bernardino County
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.
View full San Bernardino rules →Key Facts Comparison
| Fact | Fontana | San Bernardino |
|---|---|---|
| Notice of violation | Written required | - |
| Hearing notice | 10 days minimum | - |
| Written decision | Within 15 days | - |
| Fine lien rules | Civil Code 5725 | - |
| State preemption | Solar, ADU, EV, turf | - |
| Notice Required | - | 10 days advance |
| Hearing | - | Executive session |
| Decision | - | Written within 15 days |
| Fees | - | Civil Code 5975 prevailing party |
| Preemption | - | Solar, plants, EV, ADU |
Highlighted rows indicate differences between cities.
Fontana FAQ
Can my Fontana HOA fine me without a hearing?
No. Civil Code 5855 requires written notice and an opportunity to be heard by the board before any fine is imposed.
Can the HOA foreclose on me for unpaid fines?
Generally no. Fines alone cannot support foreclosure unless they are reasonable reimbursement for actual costs and damages.
San Bernardino FAQ
Can my HOA fine me without a hearing in San Bernardino?
No. Civil Code 5855 requires written notice and a hearing before the board can impose discipline, a fine, or suspend rights. Fines imposed without the hearing are voidable and can be stricken in court.
Can I fight my HOA for enforcing CC and Rs against only me?
Yes. Selective enforcement is a recognized equitable defense in California. Document other unenforced violations, follow the internal dispute process, and preserve attorney fee recovery under Civil Code 5975 if you prevail.
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