CC&Rs (Covenants, Conditions & Restrictions) in Los Angeles HOAs are enforceable under the Davis-Stirling Act. Associations must follow fair and reasonable procedures before imposing discipline, including written notice and a hearing opportunity per Civil Code Β§5855. Fines for violations require a noticed hearing. CC&Rs cannot conflict with California law β provisions restricting solar, EV charging, political signs, or drought-tolerant landscaping are void.
CC&Rs (Covenants, Conditions & Restrictions) are the primary governing documents of a California common interest development and are recorded against the property. Under the Davis-Stirling Act, associations have the authority to enforce CC&Rs, bylaws, and operating rules. Before imposing any monetary penalty (fine) or suspension of privileges, the association must provide at least 10 days advance written notice specifying the violation and the proposed disciplinary action, and offer the member a hearing before the board (Civil Code Β§5855). The member may attend the hearing, present evidence, and be represented. Fines must be reasonable and proportionate. Operating rules (regulations adopted by the board rather than by member vote) must follow the rulemaking procedures of Civil Code Β§4350-4365, including 28 days member notice and comment. CC&R provisions that conflict with California statutory protections are void and unenforceable, including restrictions on: solar energy systems (Civ. Code Β§714), EV charging (Civ. Code Β§4745), satellite dishes under 1 meter (federal preemption), political signs during election season (Civ. Code Β§4710), drought-tolerant or fire-resistant landscaping, and displaying the US or state flag (Civ. Code Β§4705).
Improper fines (without hearing): voidable and association may be liable for damages. Enforcing void CC&R provisions: association liable for attorney fees and actual damages. Selective or discriminatory enforcement: legal challenge under fair housing and Davis-Stirling Act.
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