Berkeley HOAs enforce CC&Rs under Civil Code 5850-5875, which requires due process including notice, a hearing, and written findings before imposing fines or discipline.
California Civil Code 5850-5875 governs enforcement of CC&Rs and imposition of monetary penalties. The HOA must adopt a published fine schedule and provide the member with at least 10 days written notice of a hearing before the board, including the alleged violation, the proposed discipline, and the right to attend. Hearings must be held in executive session for member privacy, and the board must provide written findings within 15 days. Fines cannot be used as security for delinquent assessments and cannot become liens on the property. Members can appeal to ADR or court. Selective or arbitrary enforcement is a common legal challenge. HOAs in Berkeley remain subject to local code enforcement by the city when city codes are also violated.
Contact your local code enforcement office for specific penalty information.
See how other cities in Alameda County handle cc&r enforcement.
See how Berkeley's cc&r enforcement rules stack up against other locations.
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