Merced, CA HOA Rules: CC&R Enforcement (2026)
Key Facts
- City enforcement scope
- Common area maintenance only
- Notice-to-hearing wait
- Minimum 15 days
- City's remedy
- Perform maintenance, lien property
- CC&R amendment restriction
- Needs City consent
- Applies to
- Condos, co-ops, planned developments
Summary
Merced's condominium ordinance forces every common-ownership project's CC&Rs to name the City as a third-party beneficiary with power to enforce common-area maintenance. If the City finds the association isn't maintaining shared areas, it gives written notice, holds a hearing at least 15 days later, and can then perform the maintenance itself and lien the association and property owners for the cost.
"The owners of all parcels subject to these covenants, conditions and restrictions (CC&R's) recognize that proper maintenance of the Common Area is for the benefit of all citizens of the City of Merced, and that the City of Merced is an intended third party beneficiary of these covenants, conditions and restrictions and may, upon notice and hearing as set forth below, exercise the same powers of enforcement as the Association insofar, and only insofar as said covenants, conditions and restrictions pertain to proper maintenance of the Common Area." "In the event the City determines that the Association has not adequately maintained the Common Area, then the City of Merced may give written notice to the Association, which notice shall contain the date for a hearing of the matter (which hearing shall be held no sooner than 15 days after mailing of such notice) and in the event after such hearing the City determines to so act, then the City may perform, or cause the performance of, the maintenance of such Common Area. Any and all costs incurred by the City in so maintaining such Common Area shall be a lien against the maintenance fund and the property subject to assessment, and shall be the personal obligation of the members of the Association."
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 85 - 1-26).
Full Breakdown
030. The mandated clause makes the City of Merced 'an intended third party beneficiary' of the CC&Rs, but strictly limited to enforcing proper maintenance of the Common Area, not general HOA rule enforcement like architectural or paint-color disputes. If the City determines the association hasn't kept up the common area, it must give written notice setting a hearing date no sooner than 15 days after mailing; if the City still finds cause to act after that hearing, it may perform or arrange the maintenance itself.
The cost becomes a lien against the association's maintenance fund and the assessed property, and a personal obligation of every association member. 040(A) also bars the association from amending these City-enforcement paragraphs without the City's consent. 040(C) requires the city attorney to review and approve every project's organizational documents for compliance before permit issuance.
Violations & Fines
If an association fails to correct inadequate common-area maintenance after the City's notice and 15-day-minimum hearing process, the City may perform or contract the maintenance itself and record a lien against the association's maintenance fund and the assessed property; the cost becomes the personal obligation of the association's members, not just the corporate entity, under Section 20.54.040(A).
Frequently Asked Questions
Can the City of Merced enforce my HOA's CC&Rs?
What happens if a Merced HOA neglects the common area?
Can an HOA remove the City's enforcement rights from its CC&Rs?
Sources & Official References
Other rules in Merced
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