HOA enforcement of CC and Rs in Palo Alto must comply with Civil Code 5850 fine schedules, 5855 hearing rights, and due-process requirements before imposing discipline.
When a Palo Alto HOA seeks to enforce its Covenants, Conditions, and Restrictions, it must follow the procedural protections of California Civil Code 5850 through 5865. The board must adopt and distribute a written schedule of monetary penalties before any fines are imposed, and owners must receive at least 10 days' written notice of a disciplinary hearing at which they can present their case under Civil Code 5855. Decisions to impose fines, suspend privileges, or bring a violation forward must be made in executive session and communicated in writing within 15 days. HOAs cannot impose a lien for fines unless the fine is reimbursement for actual damage. Selective enforcement, targeting only some owners for the same conduct, can lead to waiver of the rule. CC and R amendments follow Civil Code 4270 et seq.
Contact your local code enforcement office for specific penalty information.
See how other cities in Santa Clara County handle cc&r enforcement.
See how Palo Alto's cc&r enforcement rules stack up against other locations.
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