CC and Rs enforcement in California requires due process under Civil Code 5850-5865. Fines require notice, hearing, and published schedule.
HOAs enforcing Covenants, Conditions, and Restrictions (CC and Rs) in California must follow Civil Code 5850-5865. Boards must adopt and distribute a fine schedule. Before imposing discipline, members receive written notice at least 10 days in advance of a hearing with opportunity to be heard. Fines become delinquent but cannot be treated as assessments for foreclosure purposes under Civil Code 5725. Selective or discriminatory enforcement is grounds for defense. Statute of limitations typically 5 years for written CC and R violations.
Fines imposed without notice and hearing are unenforceable. Members may sue for injunctive relief and attorneys fees under prevailing party rules.
See how Sacramento County's cc&r enforcement rules stack up against other locations.
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