HOAs enforce CC&Rs under the Davis-Stirling Act, which requires due-process procedures before fines or discipline (Civ Code §5855). Selective or arbitrary enforcement may be challenged. Members have 5-year statutes to enforce CC&Rs against the association or other owners.
CC&R enforcement in Riverside County HOAs is governed by Davis-Stirling Act procedural requirements. Before imposing discipline or a monetary penalty, the board must give the member at least 10 days' written notice of a hearing, the nature of the alleged violation, and the right to attend (Civ Code §5855). The hearing may be in executive session, but the member may request open session. Monetary fines must be authorized by an adopted schedule of fines (§5850). Enforcement must be non-discriminatory and consistent; arbitrary or selective enforcement is a common defense. Boards may seek injunctive relief, self-help remedies (where CC&Rs allow), or damages in Riverside Superior Court. Members have a 5-year statute of limitations to enforce CC&Rs (Code of Civ Proc §336). Use restrictions cannot be enforced if unreasonable or violating public policy. Statutory exceptions protect installation of solar, EV charging, satellite dishes, drought-tolerant landscaping, clotheslines, religious displays on front doors (§4706), and the display of the U.S. flag (§4705).
Specific penalty amounts for this ordinance are not published in a publicly accessible fine schedule. Contact Riverside County code enforcement directly for current fines, enforcement procedures, and hearing options.
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