Santa Clara County HOAs enforce CC and Rs under Civil Code 5850 to 5895. Fines require 10 day written notice and a board hearing, and cannot become a lien unless tied to assessments. Selective enforcement is a defense.
Civil Code 5850 requires boards to adopt a schedule of monetary penalties for CC and R violations and distribute it to members. Before fining an owner, 5855 requires at least 10 day written notice of a hearing, a description of the alleged violation, and the date, time, and place of the hearing. Hearings must be held in executive session to protect owner privacy, but the owner can request an open hearing. The board must give the owner a written decision within 15 days. Fines for governing document violations are generally not recoverable as assessments and cannot be the basis for a lien or foreclosure under 5725, unless the fine is expressly tied to a reimbursement assessment for damage to common area. Selective or inconsistent enforcement is a defense under equitable estoppel, and courts in Santa Clara County regularly strike down discipline imposed against some members but not others for the same conduct. Civil Code 4340 requires the governing documents to be recorded, and unrecorded rules adopted by the board must follow the member comment process in 4360 including a 28 day notice. Civil Code 4735 preempts CC and Rs that prohibit drought-tolerant landscaping or artificial turf during drought emergencies. State law also overrides CC and R bans on ADUs, solar, clotheslines, and political signs.
Contact your local code enforcement office for specific penalty information.
See how Santa Clara County's cc&r enforcement rules stack up against other locations.
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