Santa Clara HOAs enforce CC&Rs under Civil Code 5850 through 5865, requiring adopted enforcement policies, notice and hearing before fines, and limits on selective or arbitrary enforcement.
HOA CC&R enforcement in Santa Clara follows Davis-Stirling procedural protections. California Civil Code 5850 requires the board to adopt and distribute a schedule of monetary penalties for violations. Before imposing a fine or disciplinary action, the board must give the member at least 10 days written notice of a hearing under Civil Code 5855, conducted in executive session with the right to be heard. The decision must be delivered in writing within 15 days. Civil Code 5975 makes the CC&Rs enforceable as equitable servitudes and authorizes actions for injunction and damages. However, courts will not enforce provisions that are unreasonable, unconscionable, or that conflict with superior state protections such as solar rights, low-water landscaping, and EV charging. Boards must enforce uniformly to avoid waiver or selective enforcement defenses.
Contact your local code enforcement office for specific penalty information.
See how other cities in Santa Clara County handle cc&r enforcement.
See how Santa Clara's cc&r enforcement rules stack up against other locations.
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