Sonora, CA HOA Rules: CC&R Enforcement (2026)
Key Facts
- Notice Required
- 15 days before hearing (CC §5855)
- Hearing
- Opportunity to be heard required
- Decision Notice
- Within 15 days of hearing
- Fines
- Must be reasonable
- Defense
- Selective enforcement
Summary
HOA CC&R enforcement in Sonora follows the Davis-Stirling Act. HOAs must provide notice and a hearing opportunity before imposing fines (Civil Code section 5855). Fines must be reasonable. Selective enforcement is a common defense in violation disputes.
(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 by the association 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 for which a member may be disciplined or the nature of the damage to the common area and facilities for which a monetary charge may be imposed, and a statement that the member has a right to attend and may address the board at the meeting. The board shall meet in executive session if requested by the member.
(c) A member shall have the opportunity to cure the violation prior to the meeting. The board shall not impose discipline in either of the following circumstances:
(1) The member cures the violation prior to the meeting.
(2) If curing the violation would take longer than the time between the notice provided pursuant to subdivision (a) and the meeting, the member provides financial commitment to cure the violation.
Full Breakdown
The Davis-Stirling Act governs how HOAs enforce CC&Rs. Before imposing a monetary penalty, the HOA must notify the member at least 15 days in advance and provide an opportunity to be heard at a board meeting (Civil Code section 5855). The board must meet in executive session to discuss the matter and notify the member of the decision within 15 days. Fines must be reasonable and proportional. HOAs may record liens for unpaid fines following assessment lien procedures. Selective enforcement, where the HOA enforces rules against some members but not others, is a recognized defense. California law limits CC&R enforcement in several areas including solar panels, flags, EV chargers, and drought-tolerant landscaping.
Violations & Fines
HOAs that fail to follow proper enforcement procedures may have their fines overturned. Members can challenge enforcement through ADR or litigation.
Frequently Asked Questions
Can my HOA fine me without a hearing in Sonora?
What is selective enforcement by an HOA?
Can my HOA put a lien on my home for CC&R violations?
Sources & Official References
Other rules in Sonora
California rules heatmap·Compare Sonora to another location·View the California hoa rules overview
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