Santa Ana, CA HOA Rules: CC&R Enforcement (2026)

CC&Rs (Covenants, Conditions, and Restrictions) are recorded governing documents that run with the land and bind all owners in a common interest development. Under CA Civil Code Sec. 5975, a member or the association may enforce the governing documents through civil action. However, AB 130 (effective 2025) significantly reformed the fine and discipline process: most associations may not impose fines exceeding $100 per violation unless the violation involves a threat to health, safety, or property. Before imposing any discipline, the board must provide notice of the alleged violation, an opportunity for a hearing at which the owner may present evidence, and written findings supporting the decision (Sec. 5855). CC&R provisions that conflict with California state law are void and unenforceable. Key preemptions include: Sec. 4746 (drought-tolerant landscaping), Sec. 4750.10 (solar panels), Sec. 4745.1 (EV charging stations), Sec. 4735 (flags and noncommercial signs), and Gov. Code Sec. 4751 (rental restrictions limited). The HOA must apply its rules uniformly; selective enforcement may be raised as a defense in any enforcement proceeding.