HOA fines in California: What to know

What are HOA fines?

HOA fines are monetary penalties used to address violations of an association’s CC&Rs, bylaws, or HOA rules. HOA fines in California must be authorized by the governing documents, included in the association’s fine schedule or supplement, and reasonable under the circumstances.
 

Common reasons for HOA fines

Associations may be able to issue fines for conduct that conflicts with valid community restrictions or rules.

Common examples include:

• Unapproved architectural changes
   
• Parking or vehicle violations
   
• Property maintenance concerns
   
• Noise or nuisance complaints
   
• Improper use of common areas
   
• Pet-related violations
   
• Short-term rental violations
   
• Unauthorized signs or displays
   
• Trash or storage concerns
   
• Conduct involving an owner’s tenant or guest

Before issuing HOA fines in California, board members should confirm which rule was violated and follow the association’s established process.
 

Typical HOA fine costs

Most HOA fines in California cannot exceed $100 per violation or the lower amount listed in the association’s current fine schedule or applicable supplement. For example, when the schedule sets a $50 fine, the association cannot increase it to $100 for that violation without properly revising and distributing the schedule. Monetary penalties must also be reasonable.

The $100 limit applies per violation. Whether repeated conduct represents one continuing violation or separate violations may depend on the governing documents, the fine schedule, and the facts involved. Boards should ask association counsel to review uncertain situations before issuing multiple fines.
 

Can HOA fines exceed $100 in California?

A fine may exceed $100 when the violation could adversely affect health or safety in a common area or on another owner’s property. Before using this exception, the board must approve a written finding at a meeting open to members that explains the specific health or safety impact. The higher amount must already appear in the association’s fine schedule or an applicable supplement that was in effect at the time of the violation (California Civil Code § 5850(d)).

A general statement that conduct is unsafe may not be enough. The board should clearly connect the violation to the potential harm, document its reasoning, and confirm the process with qualified California counsel.
 

Process of imposing fines

The board’s process for imposing HOA fines may follow this general sequence:

1. Confirm the violation: Review the governing documents and identify the provision the owner, tenant, or guest may have violated.
    
2. Check the fine schedule: Confirm that the violation and proposed amount are covered by the association’s current schedule of monetary penalties or applicable supplement (California Civil Code § 5850).
    
3. Send written notice: Give the owner written notice at least 10 days before the board meeting. Include the date, time, and place, along with the nature of the alleged violation and the owner’s right to attend and address the board (California Civil Code § 5855(a)–(b)).
    
4. Give the owner time to correct the issue: The owner must have an opportunity to cure the violation before the meeting. When correction will take longer, the owner may provide a financial commitment to cure the violation (California Civil Code § 5855(c)).
    
5. Hold the hearing: Allow the owner to attend, address the board, present relevant information, and respond to the alleged violation. (California Civil Code § 5855(b)).
    
6. Make a decision: Consider the evidence, the owner’s response, and whether the issue has been corrected or a valid commitment has been provided.
    
7. Send the result in writing: When discipline is imposed, deliver the written decision within 14 days after the board acts. The penalty is not effective unless the association follows the statutory process (California Civil Code § 5855(f)–(g)).

Can an owner avoid a fine by correcting the violation?

An owner generally cannot be fined if the violation is corrected before the hearing. If curing the violation would take longer than the period between the notice and the hearing, the owner may instead provide a financial commitment to cure it (California Civil Code § 5855).

Boards should acknowledge completed corrections and review supporting information before the hearing. When more time is needed, a written plan with expected dates and costs can help everyone understand the next steps.
 

California laws on HOA fines

The Davis-Stirling Act establishes the main requirements for HOA fines in California.

Important provisions include:

• An association with a monetary penalty policy must adopt and distribute a schedule showing the fines that may be charged, and those penalties must be reasonable (California Civil Code § 5850(a)–(b)).
   
• A fine generally cannot exceed the lower of $100 per violation or the amount listed in the current fine schedule or applicable supplement (California Civil Code § 5850(c)).
   
• A board may be able to impose a higher scheduled fine when a violation could result in an adverse health or safety impact on the common area or another association member’s property, but it must approve a written finding at an open board meeting (California Civil Code § 5850(d)).
   
• An association cannot charge late fees or interest on a monetary penalty (California Civil Code § 5850(e)).
   
• The owner must receive written hearing notice at least 10 days before the meeting and must be told about the alleged violation and the right to address the board (California Civil Code § 5855(a)–(b)).
   
• The owner must have an opportunity to correct the violation before the hearing or provide a financial commitment when correction will take longer (California Civil Code § 5855(c)).
   
• The board must send its written decision within 14 days, and the discipline is not effective unless the statutory process is followed (California Civil Code § 5855(f)–(g)).
   
• The association’s annual policy statement must include its discipline policy and fine schedule (California Civil Code § 5310(a)(8)).

California HOA laws and governing documents can change. Boards and homeowners should speak with qualified California counsel about questions specific to their community.
 

About FirstService Residential

FirstService Residential supports California communities with local expertise backed by national resources. For more than 40 years, our dedicated teams have helped boards stay organized with governance support, recordkeeping systems, financial management, vendor coordination, banking and insurance programs, resident communication, and 24/7 customer care.

We help boards apply consistent processes that align with their governing documents and California law, so board members can stay focused on long-term community goals instead of day-to-day administration.

Contact a member of our team today to learn more.

This information is provided for general informational purposes only and is not intended to constitute, and should not be relied upon as, legal, regulatory, financial, or operational advice, or as a representation or guarantee of any specific services, capabilities, or outcomes. Property management needs, regulatory requirements, market conditions, and available services vary by jurisdiction, property type, and community. FirstService Residential provides services through locally based affiliates and associates, and services and results may vary by community, region, contractual terms, and applicable law.