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

Under California Civil Code Section 5855, before imposing a monetary penalty (fine) for a CC&R violation, the board must give the member at least 10 days written notice and an opportunity for a hearing. The hearing must be held in executive session if the member requests. Fines are limited to amounts specified in the governing documents and must be reasonable. Several types of CC&R restrictions are unenforceable under California law: restrictions on solar energy systems (§4765), drought-tolerant landscaping (§4750), EV charging stations (§4745), display of the U.S. flag (§4705), rental of a separate interest (§4741 limited restrictions), and certain religious items on doors (§4706). CC&Rs that discriminate based on protected classes are void under the Fair Employment and Housing Act. Amendments to CC&Rs typically require approval of at least 67% of the membership. The association may file a civil action to enforce CC&Rs after exhausting IDR and ADR requirements. San Diego's municipal code does not add additional CC&R enforcement requirements.