California HOA CC&R enforcement is governed by the Davis-Stirling Act. AB 130 (2025) caps fines at $100 per violation. Boards must provide notice, a hearing opportunity, and follow documented procedures. Selective enforcement is prohibited, and certain restrictions on solar, EV charging, and flags are void under state law.
San Francisco HOAs enforce CC&Rs under the Davis-Stirling Act framework. Before imposing discipline, the board must provide at least 10 days written notice describing the violation and the right to a hearing (Civil Code 5855). AB 130, effective 2025, dramatically reforms enforcement by capping monetary penalties at $100 per violation per day for most violations. Health and safety violations may exceed the cap if the board documents the specific adverse impact at an open meeting. The board must allow a reasonable cure period before escalating penalties. CC&R provisions that conflict with state law are void, including unreasonable restrictions on solar panels (Civil Code 714), EV charging (Civil Code 4745), drought-tolerant landscaping (Civil Code 4735), political signs (Civil Code 4710), and display of the U.S. flag (Civil Code 4705). Selective enforcement, where the HOA enforces rules against some owners but not others, is a valid defense in enforcement proceedings. The HOA may record a lien for unpaid fines only after following assessment lien procedures.
Fines capped at $100/violation/day under AB 130. Health and safety violations may exceed the cap with documented justification. Unauthorized modifications may require restoration at owner's expense. Repeated violations may lead to suspension of common area privileges.
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