Ontario vs San Bernardino
How do cc&r enforcement rules compare between Ontario, CA and San Bernardino, CA?
Ontario and San Bernardino have similar restriction levels.
Ontario, CA
San Bernardino County
Ontario HOAs enforce CC&Rs through notices, hearings, fines, and ultimately court action under Davis-Stirling. Due process requirements at Civil Code 5855 protect owners before fines can be imposed.
View full Ontario 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 | Ontario | San Bernardino |
|---|---|---|
| Notice before fine | 10 days written | - |
| Hearing | Required before discipline | Executive session |
| Fine schedule | Must be published | - |
| Attorneys fees | Civil Code 5975 | - |
| Selective enforcement | May bar relief | - |
| Notice Required | - | 10 days advance |
| Decision | - | Written within 15 days |
| Fees | - | Civil Code 5975 prevailing party |
| Preemption | - | Solar, plants, EV, ADU |
Highlighted rows indicate differences between cities.
Ontario FAQ
Can my Ontario HOA fine me without a hearing?
No. Civil Code 5855 requires at least 10 days written notice and an opportunity to be heard before a monetary penalty can be imposed.
What if the HOA only enforces the rules against me?
Selective or arbitrary enforcement can be a defense to a CC&R lawsuit. Document the pattern and raise it during IDR, ADR, and any court proceeding.
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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