HOA Fines & Hearings — California Civil Code §§ 5850 and 5855

Most California condominium and planned-development associations are governed by the Davis-Stirling Common Interest Development Act (Civil Code §§ 4000–6150). Two of its sections decide almost every fine dispute: § 5855, which sets the notice-and-hearing procedure a board must follow before it disciplines a member, and § 5850, which requires a published schedule of fines and limits how large a fine can be.

The short answer to "can my HOA fine me without a hearing?" is no. A disciplinary action — including a fine — or a charge for repairing common-area damage "shall not be effective against a member unless the board fulfills the requirements" of § 5855 (§ 5855(g)). Those requirements are written notice, a meeting you may attend, a chance to fix the problem first, and a written decision afterward.

When the board is going to meet to consider or impose discipline on a member, it must notify the member in writing, by personal delivery or individual delivery under § 4040, at least 10 days before the meeting (§ 5855(a)). "Individual delivery" means the delivery method the member chose, or otherwise first-class, registered, certified or express mail or overnight delivery to the address on the association's books (§ 4040(a)).

The notice must state, at a minimum, the date, time and place of the meeting, the nature of the alleged violation, and that the member has a right to attend and may address the board (§ 5855(b)). The same procedure applies when the board wants to charge a member to reimburse the association for repairing common-area damage caused by the member or the member's guest or tenant (§ 5855(a)).

If the member asks, the board must hold the hearing in executive session, which other members may not attend (§ 4925(a)), and the member who is the subject of it is entitled to attend (§ 5855(b); § 4935(b)). The minutes of the next open meeting note generally that the matter was discussed (§ 4935(e)).

A member must be given the opportunity to cure the violation before the meeting, and the board may not impose discipline if the member does (§ 5855(c)(1)). If the fix will take longer than the time between the notice and the meeting, the board also may not impose discipline if the member provides a financial commitment to cure the violation (§ 5855(c)(2)).

An association that fines members must adopt a schedule of monetary penalties and distribute it to every member in the annual policy statement (§ 5850(a)); that statement goes out 30 to 90 days before the end of the association's fiscal year (§ 5310(a)). New or revised penalties may be sent individually as a supplement (§ 5850(b)), any member may request a copy of the current schedule (§ 5850(f)), and the statute requires that penalties "shall be reasonable" (§ 5850(a)).

A fine may not exceed the lesser of the amount in the schedule in effect at the time of the violation or $100 per violation (§ 5850(c)). The board may impose a scheduled penalty above $100 only if the violation "may result in an adverse health or safety impact on the common area or another association member's property" — and only after making a written finding describing that impact at a board meeting open to the members (§ 5850(d)). An association may not charge a late charge or interest on a fine (§ 5850(e)). These limits come from the 2025 amendment (AB 130), effective June 30, 2025.

The power to fine has to come from the association's governing documents: the schedule must follow the member-discipline authority in those documents (§ 5850(a)), and nothing in §§ 5850 or 5855 creates, expands or reduces that authority (§ 5865).

A fine imposed as discipline for breaking the governing documents may not be treated as an assessment that can become a lien enforceable by sale of the home (§ 5725(b)). A charge to reimburse the association for repairing common-area damage caused by the member, a guest or a tenant is different: it may become a lien enforceable by sale if the governing documents authorize it (§ 5725(a)).

If the board imposes discipline or a repair charge, it must give the member written notice of the decision within 14 days, by personal or individual delivery (§ 5855(f)). If the board and the member reach agreement at the meeting, the board drafts a written resolution; once signed by the board and the member, it binds the association and is judicially enforceable (§ 5855(e)).

If they do not agree, the member may request internal dispute resolution (§ 5855(d)). The request must be in writing; when a member invokes the procedure the association must participate, and the member may not be charged a fee (§ 5910(a), (c), (g)). An association without its own procedure uses the statutory one: the board designates a director to meet and confer with the member, and the association may not refuse a member's request (§ 5915(b)).

Before filing certain lawsuits to enforce the Act or the governing documents, either side must try alternative dispute resolution such as mediation (§ 5930(a)). That requirement does not apply to a small claims action or, except as otherwise provided by law, to an assessment dispute (§ 5930(c), (d)). In a court action to enforce the governing documents, the prevailing party is awarded reasonable attorney's fees and costs (§ 5975(c)).

This page is general information, not legal advice. Read the enacted text linked below and your association's own governing documents, and talk to a lawyer about a specific dispute.