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

CC&R enforcement by Temecula HOAs must follow due process requirements established in Civil Code §§5850-5865. Before imposing a monetary penalty (fine), the HOA must adopt a written schedule of fines (Civil Code §5850), provide the owner at least 10 days' written notice of an alleged violation and a hearing date (Civil Code §5855), hold the hearing in executive session, and deliver written notice of the disciplinary decision within 15 days. Fines must be reasonable, distinguished from assessments, and may not be collected through the assessment lien/foreclosure process (Civil Code §5725). HOAs must enforce CC&Rs uniformly and reasonably; selective or arbitrary enforcement opens the association to estoppel and waiver defenses. Common Temecula enforcement issues include parking on streets within HOA-controlled private streets, exterior maintenance (peeling paint, landscape neglect), unapproved improvements, short-term rental restrictions (where the CC&Rs include them and aren't preempted), and trash can placement. Enforcement escalation typically follows: courtesy notice, formal violation notice with hearing, fine after hearing, repeat fines, and ultimately litigation in superior court (after IDR/ADR). Members can challenge enforcement through IDR, the Davis-Stirling §5975 enforcement mechanism (which works both ways), and counterclaims for selective enforcement.