California HOA law: What boards need to know
California has the strictest HOA regulations in the country. The California Civil Code (Title 6, Division 4) sets detailed requirements for notice, enforcement, and dispute resolution. Boards that don't follow these requirements can face fines, legal challenges, and liability.
Key California requirements for violation letters
1. The 30-day cure period (Civil Code §5856)
California law requires HOA boards to give residents 30 days to fix a violation before enforcement action. This 30-day notice must:
- Be in writing
- Clearly state the violation and the rule
- Specify the date by which it must be cured
- Include a statement that the homeowner has the right to a hearing
Example: "You have 30 days from the date of this notice to cure the violation. If you wish to request a hearing before the Board, contact us within 10 days."
2. Specific rule citation requirement
You must cite the exact CC&R section number or the specific rule, not just general statements. Vague references ("keep your property in good condition") are not sufficient under California law.
Acceptable: "Violation of CC&Rs §4.2: Landscape must be maintained to 4 inches or less in height"
Not acceptable: "Your landscaping looks overgrown"
3. Notice delivery methods
California allows multiple delivery methods (Civil Code §5855):
- Hand delivery
- First-class mail
- Email (if resident has consented to electronic delivery)
- Certified mail (recommended for documentation)
Most boards send via first-class mail AND email for proof of delivery.
4. Right to be heard
Before enforcement, residents must have the right to request a hearing. Your notice must include:
- The deadline to request a hearing (typically 10-15 days)
- How to request (email, phone, in-person)
- When the hearing will occur (typically within 30 days of request)
Required language: "You have the right to be heard by the Board before enforcement action is taken. To request a hearing, contact [name] at [email/phone] by [date]."
Table: California violation letter compliance checklist
| Requirement | What it means | Example |
|---|---|---|
| Written notice | Must be in writing (email counts) | Send via email and mail |
| Rule citation | Exact CC&R section | "CC&Rs §4.2 – Landscape Maintenance" |
| Specific violation | Describe what you observed, not judgment | "Grass height exceeded 4 inches on west side" |
| 30-day cure period | Resident gets 30 days to fix | "You have until March 15, 2026 to comply" |
| Right to hearing | Right to respond before enforcement | "Request hearing by [date]" |
| Enforcement consequences | Explain what happens if not cured | "If not cured, a fine of $[X] per day may be assessed" |
| Contact information | How resident can respond/ask questions | Include phone, email, address |
Common California HOA violations
Landscape & Exterior violations (most common)
- Grass/vegetation exceeds height requirements
- Dead or dying landscaping
- Unapproved paint color
- Peeling or chipped exterior paint
- Missing house numbers
How to cite: "Violation of CC&Rs Article 4, §4.1 – Landscape Maintenance Standards"
Architectural violations
- Unapproved modification to exterior (fence, deck, solar panels)
- Unapproved roof color or material
- Unapproved pool or hot tub
How to cite: "Violation of CC&Rs Article 5 – Architectural Review Requirement" + "Failure to obtain Design Review Approval prior to installation"
Nuisance violations
- Excessive noise
- Trash bins visible from street
- Animal control violations
- Parking violations
How to cite: "Violation of CC&Rs Article 3, §3.2 – Community Standards & Nuisance Prevention"
Financial violations
- Late or unpaid HOA dues
- Failed to pay special assessment
How to cite: "Violation of CC&Rs Article 2, §2.1 – Obligation to Pay Assessments"
Note: For financial violations, residents have additional rights under Civil Code §5660 (payment plans) that must be offered before enforcement.
Sample California violation letter (landscape example)
``` [Date]
[Homeowner Name] [Property Address] [City, State, ZIP]
NOTICE OF VIOLATION AND REQUEST FOR CURE
Dear [Homeowner Name],
The Board of Directors of [HOA Name] has identified a violation of the Community's Covenants, Conditions & Restrictions (CC&Rs) at [Property Address].
Violation Details:
- Rule: CC&Rs Article 4, §4.1 – Landscape Maintenance Standards
- Observation date: [Date]
- Violation: Landscape plants exceed 4-foot height requirement. Grass on west side of property measured at 5 inches during inspection on [date].
- Action required: Trim landscape to comply with 4-foot maximum height; reduce grass height to 4 inches or less
- Deadline to cure: [Date – 30 days from letter date]
Important notices: You have 30 days from the date of this letter to cure this violation. If you do not cure the violation by the deadline, the Board may assess a fine of $[X] per day until cured, place a lien on your property, or pursue other remedies available under state law and the CC&Rs.
Your right to be heard: You have the right to request a hearing before the Board before enforcement action is taken. If you wish to request a hearing, contact [Manager Name] at [email] or [phone] by [date]. The Board will schedule your hearing within 30 days of your request.
Questions or need more time? If you need clarification on this notice, wish to discuss a payment plan or timeline, or need to request additional time to cure, please contact [Manager Name] immediately at [phone] or [email].
Sincerely,
[Sender Name] [Title] [HOA Name] [Phone] [Email] ```
Critical mistakes California boards make
- Sending a violation letter without Board approval – California requires the Board to authorize enforcement. Document this in meeting minutes.
- Skipping the hearing requirement – Every resident has the right to be heard before enforcement. Failing to offer this can invalidate the entire enforcement action.
- Using vague rule citations – "Keep your property neat" doesn't work. You must cite the specific CC&R section.
- Enforcing inconsistently – If you ignore one similar violation but enforce another, residents can claim discrimination. Document all violations consistently.
- Combining multiple violations in one letter – Send separate notices for separate violations. This prevents the appearance of harassment.
- Not allowing the full 30 days – California requires a minimum 30-day cure period. Shorter timelines can be challenged.
Recommendation for California boards
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- ✓ Hearing rights language included
- ✓ Professional tone that reduces disputes
- ✓ Audit trail for the Board
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