HOAs in Rancho Cordova enforce CC&Rs under Davis-Stirling. Before imposing fines or discipline, the board must provide written notice and a hearing under Civil Code 5855, and any monetary penalty schedule must be distributed annually under Civil Code 5310. Selective enforcement and unreasonable restrictions are defenses.
Civil Code section 5855 requires that before imposing discipline (fines, suspension of privileges), the board provide at least 10 days written notice of the alleged violation and an opportunity to be heard, either in person or in writing. The decision must be communicated in writing within 15 days. Civil Code 5310 requires that the association distribute its schedule of monetary penalties annually with the budget disclosures. Fines must be reasonable in amount; Civil Code 5725 prohibits fines being treated as assessments for lien/foreclosure purposes, which means HOAs cannot foreclose for unpaid fines alone. Members may raise defenses including selective enforcement, waiver, laches, and unreasonableness under Nahrstedt v. Lakeside Village (1994). Enforcement actions for continuing violations must still comply with ADR requirements before litigation.
Violations of CC&Rs can result in notice letters, hearings, fines (commonly 50 to 500 dollars per incident), and ultimately lawsuits seeking injunctive relief and attorney fees. Unpaid fines accrue as personal debts but are not lienable.
See how other cities in Sacramento County handle cc&r enforcement.
See how Rancho Cordova's cc&r enforcement rules stack up against other locations.
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