Fremont HOAs must follow Civil Code 5850-5865 fine schedules and 5855 due process hearing requirements before imposing penalties or suspending privileges.
Civil Code 5850 requires HOAs in Fremont to adopt and distribute a schedule of monetary penalties for CC&R violations to all members. Before imposing a fine or suspending membership privileges, Civil Code 5855 requires at least 10 days written notice of a hearing before the board, a fair opportunity to be heard, and written notice of the board decision within 15 days of the hearing. Selective or arbitrary enforcement is a common defense; the HOA must apply rules uniformly. Under Civil Code 5975, CC&Rs are equitable servitudes enforceable in court unless unreasonable. Remedies include injunctions, fines (as penalties only, not collectible as assessments under CC 5725), and recovery of attorney fees for the prevailing party. Excessively large fines risk being struck down as penalties.
Contact your local code enforcement office for specific penalty information.
See how other cities in Alameda County handle cc&r enforcement.
See how Fremont's cc&r enforcement rules stack up against other locations.
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