Moreno Valley, CA HOA Rules: CC&R Enforcement (2026)
Key Facts
- Enforcement Notice
- Written notice and 10-day hearing notice required (CC 5855)
- Fine Schedule
- Published fine schedule required (CC 5850)
- Suspension
- Common-area privileges may be suspended for unpaid fines
- Defense
- Selective enforcement is a defense
- Reasonable Accommodations
- FHA reasonable accommodations override CC&Rs
Summary
HOAs enforce CC&Rs through notice, hearing, and fine procedures under Davis-Stirling. Members have due-process rights including written notice, a right to a hearing, and appeal. Selective enforcement can void action.
(a) When the board is to meet to consider or impose discipline upon a member, or to impose a monetary charge as a means of reimbursing the association for costs incurred by the association in the repair of damage to the common area and facilities caused by a member or the member's guest or tenant, the board shall notify the member in writing, by either personal delivery or individual delivery pursuant to Section 4040, at least 10 days prior to the meeting. (b) The notification shall contain, at a minimum, the date, time, and place of the meeting, the nature of the alleged violation for which a member may be disciplined or the nature of the damage to the common area and facilities for which a monetary charge may be imposed, and a statement that the member has a right to attend and may address the board at the meeting. The board shall meet in executive session if requested by the member. (c) A member shall have the opportunity to cure the violation prior to the meeting. [...] (f) If the board imposes discipline on a member or imposes a monetary charge on the member for damage to the common area and facilities, the board shall provide the member with a written notification of the decision, by either personal delivery or individual delivery pursuant to Section 4040, within 14 days following the action.
Full Breakdown
Covenants, Conditions, and Restrictions (CC&Rs) run with the land and bind all owners in the association. Enforcement typically begins with a courtesy notice from management, followed by a formal violation notice under Civil Code 5855 specifying the violation and the member's right to a hearing before the board at least 10 days in advance. After hearing, the board may impose fines per the published fine schedule, suspend common-area privileges (pool, clubhouse), or pursue civil enforcement. Fines must follow a schedule adopted under Civil Code 5850 and distributed to members. Selective or discriminatory enforcement (letting similar violations go for some members while citing others) is a defense in court and can estop the HOA from action. Members can cure and request dismissal. Major remedies, injunction, title liens, or forced removal of improvements, require court action. Federal Fair Housing and California civil rights laws limit enforcement that has disparate impact on protected classes or fails to provide reasonable accommodation.
Frequently Asked Questions
Can my HOA fine me without a hearing?
Can they tow my car from my driveway?
What if the HOA picks on me unfairly?
Sources & Official References
Other rules in Moreno Valley
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CC&R Enforcement in Nearby Cities
How other cities in Riverside County handle cc&r enforcement.