El Monte has no local HOA enforcement ordinance. CC&Rs are enforced as equitable servitudes under California Civil Code Section 5975, and the Davis-Stirling Act requires reasonable, non-discriminatory, and procedurally fair enforcement.
Civil Code Section 5975 establishes that CC&Rs are equitable servitudes enforceable by the association or any member. Before imposing monetary penalties, Civil Code Section 5855 requires the board to give the owner at least 10 days' written notice of a disciplinary hearing, an opportunity to attend, and a written decision within 15 days. The HOA's fine schedule must be in writing and previously distributed to all members per Section 5310(a)(8). Fines must be reasonable in relation to the violation. Suspension of voting or use rights also requires the §5855 hearing process. Selective or arbitrary enforcement is a defense to CC&R actions under common law. The city of El Monte does not enforce private CC&Rs.
Improperly assessed fines or unfair enforcement can be challenged under Civil Code §5975 (declaratory relief) and §5145 (election/governance issues). Prevailing party attorney fees are recoverable. Owners may also raise selective enforcement as an affirmative defense.
El Monte, CA
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El Monte, CA
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El Monte, CA
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El Monte, CA
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