Fontana, CA HOA Rules: CC&R Enforcement (2026)
Key Facts
- Notice of violation
- Written required
- Hearing notice
- 10 days minimum
- Written decision
- Within 15 days
- Fine lien rules
- Civil Code 5725
- State preemption
- Solar, ADU, EV, turf
Summary
Fontana HOAs enforce CC&Rs through written notice, hearings, and fines under Davis-Stirling. Civil Code 5850+ limits fines and requires due process; some CC&R restrictions are preempted by state law.
5855. (a) When the board is to meet to consider or impose discipline upon a member, or to impose a monetary charge as a means of reimbursing the association for costs incurred by the association in the repair of damage to the common area and facilities caused by a member or the member’s guest or tenant, the board shall notify the member in writing, by either personal delivery or individual delivery pursuant to Section 4040, at least 10 days prior to the meeting.
(b) The notification shall contain, at a minimum, the date, time, and place of the meeting, the nature of the alleged violation for which a member may be disciplined or the nature of the damage to the common area and facilities for which a monetary charge may be imposed, and a statement that the member has a right to attend and may address the board at the meeting. The board shall meet in executive session if requested by the member.
(c) A member shall have the opportunity to cure the violation prior to the meeting. The board shall not impose discipline in either of the following circumstances:
(1) The member cures the violation prior to the meeting.
(2) If curing the violation would take longer than the time between the notice provided pursuant to subdivision (a) and the meeting, the member provides financial commitment to cure the violation.
(d) If the board and the member are not in agreement after the meeting, a member shall have the opportunity to request internal dispute resolution pursuant to Section 5910.
(f) If the board imposes discipline on a member or imposes a monetary charge on the member for damage to the common area and facilities, the board shall provide the member with a written notification of the decision, by either personal delivery or individual delivery pursuant to Section 4040, within 14 days following the action.
(g) A disciplinary action or the imposition of a monetary charge for damage to the common area shall not be effective against a member unless the board fulfills the requirements of this section.
Full Breakdown
Covenants, Conditions, and Restrictions (CC&Rs) in Fontana HOAs are enforced under the Davis-Stirling Act. Before imposing fines or discipline, Civil Code 5855 requires the HOA to give written notice of the violation, an opportunity for a hearing before the board (typically within 10 days notice), and a written decision within 15 days of the hearing. Fine schedules must be distributed to members in the annual policy statement. Fines cannot be made a lien that supports foreclosure unless they are reasonable reimbursement for actual costs (Civil Code 5725). Several CC&R restrictions are unenforceable under state law including bans on solar panels (Civil Code 714), ADUs (Civil Code 4751), EV charging (Civil Code 4745), native or drought-tolerant landscaping (Civil Code 4735), and family daycare homes (H&S Code 1597.40). Selective enforcement and unreasonable restrictions can be challenged in IDR, ADR, or court.
Frequently Asked Questions
Can my Fontana HOA fine me without a hearing?
Can the HOA foreclose on me for unpaid fines?
Sources & Official References
Other rules in Fontana
California rules heatmap·Compare Fontana to another location·View the California hoa rules overview
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CC&R Enforcement in Nearby Cities
How other cities in San Bernardino County handle cc&r enforcement.