San Francisco, CA HOA Rules: CC&R Enforcement (2026)
Key Facts
- Fine Cap (2025)
- $100/violation/day (AB 130)
- Hearing Notice
- 10 days minimum
- Cure Period
- Required before penalties
- Protected Activities
- Solar, EV, flags, drought landscaping
- Selective Enforcement
- Prohibited / valid defense
Summary
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.
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 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, and a statement that the member has a right to attend and may address the board at the meeting... (c) A member shall have the opportunity to cure the violation prior to the meeting.
Full Breakdown
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.
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.
Violations & Fines
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.
Frequently Asked Questions
How much can my HOA fine me for a CC&R violation?
Can my HOA fine me without a hearing?
Sources & Official References
Other rules in San Francisco
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