Ontario HOAs enforce CC&Rs through notices, hearings, fines, and ultimately court action under Davis-Stirling. Due process requirements at Civil Code 5855 protect owners before fines can be imposed.
Enforcement of Covenants, Conditions and Restrictions (CC&Rs) by an Ontario HOA must comply with the Davis-Stirling Act. Before imposing a monetary penalty or suspending member privileges, the HOA must send the owner written notice by individual delivery at least 10 days before the hearing, stating the nature of the alleged violation, the date and location of the hearing, and the proposed discipline (Civil Code 5855). The hearing can be in executive session and the owner must be given the opportunity to address the board. The HOA must adopt and distribute a written schedule of fines in advance. Continuing violations may be fined on a per-day basis only if the schedule expressly says so. The HOA may seek injunctive relief and attorneys fees under Civil Code 5975 for violations of the CC&Rs. Courts will not enforce unreasonable restrictions or selectively enforced rules under the doctrine of laches. Owners contesting enforcement should request a hearing in writing, preserve evidence, and invoke IDR and ADR before litigation. Retaliation against owners who exercise protected rights such as solar or drought landscaping is prohibited.
Contact your local code enforcement office for specific penalty information.
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