Hesperia, CA HOA Rules: CC&R Enforcement (2026)

Enforcement of Covenants, Conditions, and Restrictions (CC&Rs) by HOAs in San Bernardino County must comply with California Civil Code sections 5850 through 5865 and general Davis-Stirling provisions. Before imposing monetary penalties, an HOA must follow written enforcement procedures adopted by the board including: written notice of alleged violation with specific reference to violated rule, opportunity for member to respond in writing, right to hearing before the board, written decision stating findings and action taken. Fines must be reasonable and consistent with a published schedule of penalties under Civil Code 5855. Civil Code 4340 through 4370 governs operating rules including required distribution 30 days before adoption, reasonable relation to legitimate HOA purpose, and non-arbitrary application. Selective or discriminatory enforcement violates the duty of good faith under Corporations Code 7231. Courts apply the business judgment rule under Lamden v. La Jolla Shores Clubdominium HOA but will invalidate rules that are unreasonable, arbitrary, or exceed CCRs authority. Civil Code 5975 allows prevailing party attorney fees in CC&R enforcement actions. Liens for unpaid fines require same procedures as assessment liens.