CC&R enforcement in Orange County HOAs follows the Davis-Stirling Act. Violation notices must be specific and provide a hearing opportunity. Fines must follow a schedule in the operating rules. HOAs can place liens for unpaid fines but face limits on fine amounts and foreclosure authority.
Enforcement of Covenants, Conditions & Restrictions (CC&Rs) in Orange County HOA communities follows Davis-Stirling Act requirements. Before imposing fines, the HOA must provide written notice of the violation specifying the rule violated, the proposed penalty, and the homeowner's right to a hearing before the board per Civil Code 5855. Fines must follow a schedule adopted in the HOA's operating rules per Civil Code 4340-4370. Operating rules changes require 28 days' notice and 30-day effectiveness delay. Maximum fine amounts are set by each HOA (typically $50-$200 per violation per day). Fines cannot be treated as special assessments for lien or foreclosure purposes per Civil Code 5725. The HOA may pursue judicial enforcement through civil court. Common CC&R violations in OC communities include unapproved modifications, parking violations, noise, pet violations, and landscaping non-compliance. California law preempts CC&Rs in areas like solar panels, EV chargers, and drought-tolerant landscaping.
Hearing required before fines per CC 5855. Operating rules must be properly adopted per CC 4340-4370. Fines cannot lead to lien foreclosure per CC 5725. Enforcement of CC&Rs that conflict with state law is void.
Midway City, CA
Midway City is an unincorporated CDP in Orange County, CA, surrounded by Westminster. Because it has no city government, Orange County Codified Ordinances Ti...
Orange County, CA
Unincorporated Orange County exempts one small detached non-habitable accessory structure - a shed - per 7,200 square feet of building site area from accesso...
Orange County, CA
Carports in unincorporated Orange County are governed by Section 7-9-70.3(d) of the Codified Ordinances, which requires carports to comply with main-building...
Orange County, CA
Unincorporated Orange County allows the conversion of an existing garage, carport, or accessory structure into an accessory dwelling unit (ADU) under Section...
Orange County, CA
Unincorporated Orange County requires every pool/spa deeper than 18 inches to be enclosed by a barrier at least 60 inches (5 ft) high under California Health...
Orange County, CA
Unincorporated Orange County allows ADUs on any residentially zoned lot under OC Zoning Code (Title 7, Division 9) and California Government Code §65852.2 (A...
Side-by-side rule comparisons with other cities in Orange County.
See how other cities in Orange County handle cc&r enforcement.
See how Midway City's cc&r enforcement rules stack up against other locations.
Quick Compare
Help us keep this page accurate. If you notice an error or outdated information, let us know.