Mountain View, CA HOA Rules: CC&R Enforcement (2026)
Key Facts
- Notice required
- Written before fines
- Hearing right
- Opportunity to be heard
- Fine schedule
- Published annually
- Foreclosure on fines
- Not allowed
- Law
- Civil Code 5850 et seq.
Summary
HOA CC&R enforcement in Mountain View must follow Davis-Stirling due process rules, with written notice, a hearing opportunity, and fines limited to published schedules.
5855. (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.
Full Breakdown
HOAs in Mountain View enforce CC&Rs through written notice, hearings, and fines under California Civil Code 5850-5865. Fines must be reasonable, follow a published schedule distributed to members annually, and cannot be imposed without the owner having an opportunity to be heard by the board. Violations must be documented with dates and nature of violation. Hearings can be held in executive session at the owner's request. Continuing violations can accrue additional fines, but excessive or arbitrary penalties may be challenged. Enforcement must be applied consistently; selective enforcement is a common defense. The board cannot use fines to force architectural changes unrelated to CC&R terms, and cannot foreclose for unpaid fines only under Civil Code 5725.
Frequently Asked Questions
Can my HOA fine me without a hearing?
Can unpaid HOA fines lead to foreclosure?
Sources & Official References
Other rules in Mountain View
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CC&R Enforcement in Nearby Cities
How other cities in Santa Clara County handle cc&r enforcement.