Skip to main content
CityRuleLookup

San Bernardino, CA HOA Rules: CC&R Enforcement (2026)

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Notice Required
10 days advance
Hearing
Executive session
Decision
Written within 15 days
Fees
Civil Code 5975 prevailing party
Preemption
Solar, plants, EV, ADU

Summary

San Bernardino HOA CC and R enforcement follows CA Civil Code 5850. Before fines, the board must give 10-day written notice, hold a hearing, and issue a written decision within 15 days. Selective enforcement is barred.

5855. (a) When the board is to meet to consider or impose discipline upon a member, or to impose a monetary charge as a means of reimbursing the association for costs incurred by the association in the repair of damage to the common area and facilities caused by a member or the member's guest or tenant, the board shall notify the member in writing, by either personal delivery or individual delivery pursuant to Section 4040, at least 10 days prior to the meeting. (b) The notification shall contain, at a minimum, the date, time, and place of the meeting, the nature of the alleged violation for which a member may be disciplined or the nature of the damage to the common area and facilities for which a monetary charge may be imposed, and a statement that the member has a right to attend and may address the board at the meeting. The board shall meet in executive session if requested by the member. (c) A member shall have the opportunity to cure the violation prior to the meeting. [...] (f) If the board imposes discipline on a member or imposes a monetary charge on the member for damage to the common area and facilities, the board shall provide the member with a written notification of the decision, by either personal delivery or individual delivery pursuant to Section 4040, within 14 days following the action. (g) A disciplinary action or the imposition of a monetary charge for damage to the common area shall not be effective against a member unless the board fulfills the requirements of this section.

Source: CA Civil Code 5855View official code

Full Breakdown

Declarations of covenants, conditions, and restrictions are equitable servitudes enforceable under California Civil Code 5975. When the association believes an owner has violated the CC and Rs or rules, Civil Code 5850 and 5855 require a written notice to the owner stating the nature of the violation, the action proposed, and the owner right to meet with the board at a hearing in executive session, with at least 10 days advance notice. After the hearing, the board must deliver the written decision within 15 days.

Fines, suspension of voting rights, and discipline can only follow this process. The association must publish a fine schedule that is reasonable in relation to the violation. Self-help remedies such as entering a unit to abate a violation require specific authority in the declaration and must follow rules limiting entry. Selective enforcement, meaning pursuing some owners while ignoring comparable violations, is a defense to enforcement and supports a cross-claim for equitable relief. 2 accessory dwelling units supersedes conflicting CC and Rs. Prevailing owners who successfully challenge enforcement are entitled to attorney fees under Civil Code 5975. Internal Dispute Resolution at Civil Code 5900 must be offered as an alternative to formal hearings when the owner requests it.

Frequently Asked Questions

Can my HOA fine me without a hearing in San Bernardino?
No. Civil Code 5855 requires written notice and a hearing before the board can impose discipline, a fine, or suspend rights. Fines imposed without the hearing are voidable and can be stricken in court.
Can I fight my HOA for enforcing CC and Rs against only me?
Yes. Selective enforcement is a recognized equitable defense in California. Document other unenforced violations, follow the internal dispute process, and preserve attorney fee recovery under Civil Code 5975 if you prevail.

Sources & Official References

Other rules in San Bernardino

All San Bernardino rules

California rules heatmap·Compare San Bernardino to another location·View the California hoa rules overview

Get notified when CC&R Enforcement in San Bernardino, CA changes

We'll email you the moment we detect a change in the code. No spam, unsubscribe anytime.

We'll never sell or share your email. One-click unsubscribe in every email.

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.

CC&R Enforcement in Nearby Cities

How other cities in San Bernardino County handle cc&r enforcement.

Victorville, CA
Light Restrictions
Fontana, CA
Few Restrictions
Ontario, CA
Few Restrictions