California HOAs enforce recorded CC&Rs and architectural rules, but Civil Code section 4765 requires architectural decisions to be fair, reasonable, and in good faith, and sections 5900-5965 require internal dispute resolution plus an attempt at alternative dispute resolution before most enforcement lawsuits can be filed.
Where governing documents require approval for physical changes, Civil Code section 4765 requires fair, reasonable procedures with prompt deadlines; decisions must be made in good faith and "may not be unreasonable, arbitrary, or capricious," and disapprovals must explain why and describe a reconsideration process the member may appeal at an open board meeting. For disputes, Civil Code section 5905 requires every HOA to offer a "fair, reasonable, and expeditious" internal dispute resolution (IDR) procedure. Before filing an enforcement action over the governing documents or the Act, section 5930 provides the parties "may not file" suit unless they have first endeavored to submit the dispute to alternative dispute resolution. Small claims and assessment disputes are exempt.
Owners who violate CC&Rs may face fines (after notice and hearing), forced correction, injunctive relief, and attorney's fees to the prevailing party. An HOA that skips the required ADR offer before filing suit risks dismissal or loss of fees under Civil Code section 5930.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
San Diego County, CA
In unincorporated San Diego County, amplified sound in a County park is limited by Section 36.414(c)(2)(C): no more than 90 dBA at 50 feet from the source an...
San Diego County, CA
Unincorporated San Diego County sets numeric, zone-based decibel limits in County Code Section 36.404. Standard residential zones are limited to a 50 dBA one...
San Diego County, CA
In unincorporated San Diego County, County Code Section 36.414(c)(8) prohibits using a motor vehicle to knowingly cause annoying noise by backfiring, tire-sc...
San Diego County, CA
In unincorporated San Diego County, curb colors are authorized by County Code Sec. 72.135 and the colors' meanings are set by California Vehicle Code Sec. 21...
San Diego County, CA
County Code Sec. 72.131 establishes freight loading zones (marked by signs or a yellow curb line stenciled 'LOADING ONLY'), and Sec. 72.132 covers passenger ...
San Diego County, CA
The unincorporated County has no special oversized-vehicle street ordinance like the City of San Diego's. Oversized vehicles on unincorporated streets are go...
Side-by-side rule comparisons with other cities in San Diego County.
See how other cities in San Diego County handle cc&r enforcement.
See how Fallbrook's cc&r enforcement rules stack up against other locations.
Quick Compare
Help us keep this page accurate. If you notice an error or outdated information, let us know.