Mountain View vs Santa Clara
How do cc&r enforcement rules compare between Mountain View, CA and Santa Clara, CA?
Mountain View and Santa Clara have similar restriction levels.
Mountain View, CA
Santa Clara County
HOA CC&R enforcement in Mountain View must follow Davis-Stirling due process rules, with written notice, a hearing opportunity, and fines limited to published schedules.
View full Mountain View rules →Santa Clara, CA
Santa Clara County
Santa Clara HOAs enforce CC&Rs under Civil Code 5850 through 5865, requiring adopted enforcement policies, notice and hearing before fines, and limits on selective or arbitrary enforcement.
View full Santa Clara rules →Key Facts Comparison
| Fact | Mountain View | Santa Clara |
|---|---|---|
| Notice required | Written before fines | - |
| Hearing right | Opportunity to be heard | - |
| Fine schedule | Published annually | Civil Code 5850 |
| Foreclosure on fines | Not allowed | - |
| Law | Civil Code 5850 et seq. | - |
| Hearing notice | - | 10 days written |
| Decision | - | 15 days after hearing |
| CC&R enforceable as | - | Equitable servitudes |
| Uniform enforcement | - | Required |
Highlighted rows indicate differences between cities.
Mountain View FAQ
Can my HOA fine me without a hearing?
No. Davis-Stirling requires written notice and an opportunity for a hearing before the board imposes fines.
Can unpaid HOA fines lead to foreclosure?
No. Under Civil Code 5725, fines alone cannot be the basis for foreclosure, though they remain collectible debt.
Santa Clara FAQ
Can my HOA fine me without a hearing?
No. California Civil Code 5855 requires at least 10 days written notice and an opportunity for a hearing before the board can impose a fine.
What if the HOA enforces only against me?
Selective enforcement is a recognized defense under California law, and a court may refuse to enforce rules applied inconsistently among members.
Compare other topics
See how Mountain View and Santa Clara compare on other ordinance categories.
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