State compliance guides / California
California HOA violation letters: what the law requires
California boards must adopt and distribute a fine schedule, give the member at least 10 days' written notice of a board hearing, hold the hearing, and then notify the member of the decision in writing shortly afterward. Since a June 2025 amendment (AB 130), most fines are capped at $100 per violation unless the board makes a written health-or-safety finding at an open meeting.
Before you send: California notice requirements
Davis-Stirling Common Interest Development Act (California Civil Code §4000 et seq.; member discipline at §§5850–5865)
- Adopt a schedule of monetary penalties and distribute it to members in the annual policy statement (Civil Code §5850(b)).
- Do not exceed the lesser of the adopted schedule amount or $100 per violation, unless the violation may cause an adverse health or safety impact and the board makes a written finding at an open meeting (Civil Code §5850, as amended by AB 130, 2025).
- Give the member individual written notice at least 10 days before the disciplinary hearing, stating the date, time, place, nature of the alleged violation, and the member's right to attend and address the board (Civil Code §5855).
- Provide written notice of the board's decision within 14 days after the disciplinary action (Civil Code §5855(f), as amended 2025).
- Offer internal dispute resolution (IDR) when an owner requests it, and remember fines generally cannot support foreclosure.
Fines: Since AB 130 (effective June 30, 2025), fines are capped at the lesser of the association's adopted schedule or $100 per violation, with an exception allowing higher fines for violations with adverse health or safety impacts if the board makes a written finding at an open meeting (Civil Code §5850).
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California HOA letter FAQ
How much notice does a California HOA have to give before a fine?
At least 10 days' written notice of the disciplinary hearing under Civil Code §5855, with the alleged violation described, plus written notice of the board's decision within 14 days after the board acts.
Is there a cap on HOA fines in California?
Yes — under the 2025 amendment to Civil Code §5850, fines are generally capped at $100 per violation (or less if the association's schedule says less). Boards can exceed that only with a written health-or-safety finding made at an open meeting.
What should a California violation letter include?
The specific rule or CC&R section alleged to be violated, the date and description of the issue, the hearing date and the owner's right to attend and address the board, and the potential fine from the adopted schedule.
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Official sources
- California Civil Code §5850 (fine schedule and cap)
- California Civil Code §5855 (discipline procedure)
Last reviewed against the sources above on 2026-07-11.
This guide summarizes commonly applicable rules for general information only — it is not legal advice, statutes change, and your governing documents may impose different procedures. Confirm current law with a licensed California attorney before taking enforcement action.