Victorville, CA HOA Rules: CC&R Enforcement (2026)
Key Facts
- Statute
- Civil Code 5855, 5975
- Hearing notice
- At least 10 days
- Decision notice
- Within 15 days
- Fine schedule
- Pre-adopted under 5310
- Selective enforcement
- Invalidates HOA action
Summary
Victorville HOAs enforce CC and Rs through hearings, fines, and ultimately court action under Davis-Stirling. Owners have due-process rights including 10-day hearing notice and the right to appear under Civil Code 5855.
(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.
(f) If the board imposes discipline on a member or imposes a monetary charge on the member for damage to the common area and facilities, the board shall provide the member with a written notification of the decision, by either personal delivery or individual delivery pursuant to Section 4040, within 14 days following the action.
(g) A disciplinary action or the imposition of a monetary charge for damage to the common area shall not be effective against a member unless the board fulfills the requirements of this section.
Full Breakdown
Covenants, conditions, and restrictions (CC and Rs) recorded against a Victorville common interest development are enforceable in equity as mutual servitudes and also under Civil Code 5975. Before imposing a monetary penalty or suspending member privileges the HOA must send written notice of the alleged violation at least 10 days in advance of a board hearing under Civil Code 5855, state the date, time, and place of the hearing, and allow the owner to be heard. The board must provide written notice of the decision within 15 days. Fines must follow a board-adopted, previously distributed schedule of monetary penalties (Civil Code 5310). Self-help such as entering a unit to force compliance is generally prohibited except in true emergencies. Selective or arbitrary enforcement is a common defense and can invalidate an HOA action. Contact a Davis-Stirling attorney if enforcement appears biased.
Frequently Asked Questions
Can my HOA fine me without a hearing?
What if the HOA only fines some owners for the same violation?
Sources & Official References
Other rules in Victorville
California rules heatmap·Compare Victorville to another location·View the California hoa rules overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.
CC&R Enforcement in Nearby Cities
How other cities in San Bernardino County handle cc&r enforcement.