HOA enforcement of CC&Rs in Citrus Heights must follow Davis-Stirling due process requirements under Civil Code §5850-5865, including written notice, opportunity for hearing, and proportionate penalties. Selective or discriminatory enforcement is prohibited.
Under Civil Code §5850-5865, HOAs must adopt a written schedule of monetary penalties and enforcement procedures. Before imposing fines or suspending privileges, the association must provide the member with written notice of the violation at least 10 days before a hearing, hold the hearing before the board (in executive session), and issue a written decision. Enforcement must be uniform — selective enforcement against disfavored owners is a defense to enforcement action. CC&R violations such as architectural non-compliance, unauthorized parking, unapproved pets, and landscaping violations are common enforcement areas. Protected activities (solar, EVs, ADUs, low-water landscaping, flag display under Civil Code §4705) cannot be enforced against. Associations generally cannot enforce against prior violations exceeding the 5-year statute of limitations. Owners may raise waiver, estoppel, and laches defenses for longstanding violations. Members can challenge enforcement through IDR/ADR and ultimately court action.
Improper enforcement: action dismissed, fines refunded, attorney fees to owner. Pattern of discriminatory enforcement: injunctive relief and damages.
See how other cities in Sacramento County handle cc&r enforcement.
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