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.
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.
Contact your local code enforcement office for specific penalty information.
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