California HOAs may fine members for rule violations, but only under a published schedule of fines and after strict due-process steps. Civil Code section 5855 requires written notice and a hearing before any monetary penalty, and section 5725 bars fines from becoming a foreclosable lien on the home.
Before imposing a fine or other discipline, an HOA board must give the member written notice at least 10 days before the hearing, stating the date, time, and place of the meeting and the nature of the alleged violation, and the member may attend and be heard (Civil Code section 5855). The board must notify the member of its decision within 15 days, and discipline is unenforceable if these steps are skipped. Critically, Civil Code section 5725(b) provides that a fine "may not be characterized nor treated in the governing documents as an assessment that may become a lien" enforceable by sale of the home. Fines must also follow a schedule distributed to members annually.
A fine imposed without the required 10-day notice and hearing is invalid and unenforceable. Fines are collectible as a debt but, unlike assessments, cannot ripen into a lien and cannot be used to foreclose on the member's home (Civ. Code 5725).
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Castro Valley, CA
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Castro Valley, CA
Alameda County §6.60.050 makes amplified sound from any radio, stereo, instrument or device a violation at any time of day if plainly audible 50 feet from th...
Castro Valley, CA
Alameda County Code §6.60.050 limits use of electric or gas leaf blowers, sweepers, vacuums, mowers, trimmers, edgers and hedgers in residential areas to 7 a...
Castro Valley, CA
Alameda County Code §5.08.060 makes it unlawful for any person owning, keeping, or having custody of a dog or other animal to knowingly permit or suffer that...
Castro Valley, CA
Alameda County Code §6.60.080 exempts construction activity from Chapter 6.60 only if it occurs between 7 a.m.-7 p.m. on weekdays and 8 a.m.-5 p.m. on Saturd...
Castro Valley, CA
Alameda County NPO §6.65.030 prohibits parking or storing vehicles on lawns or unimproved surfaces of residential property. Vehicles must be on paved concret...
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