Fines & PenaltiesCA
California HOA Fines and Hearings: What Davis-Stirling Requires
By The HOARebel Team · May 25, 2026 · 3 min read · Updated June 2, 2026
In California, a homeowners' association can discipline a member or impose a monetary penalty for a rule violation — but the Davis-Stirling Common Interest Development Act requires the board to give advance notice and hold a hearing first. This is general information about how that works, not legal advice. Davis-Stirling (Civil Code §§4000–6150) is the main state law here, but it operates alongside the association's governing documents, applicable federal law, and California's nonprofit corporation law.
Notice and a hearing before discipline
The core protection is in §5855. Before imposing discipline or a monetary penalty, the board has to tell the member in advance and in writing:
"the board shall notify the member in writing, by either personal delivery or individual delivery pursuant to Section 4040, at least 10 days prior to the meeting." — §5855(a), Cal. Civ. Code
That notice can't be bare-bones. The statute spells out what it must contain:
"The notification shall contain, at a minimum, the date, time, and place of the meeting, the nature of the alleged violation for which a member may be disciplined ... and a statement that the member has a right to attend and may address the board at the meeting." — §5855(b), Cal. Civ. Code
If the member requests, the meeting is held in executive session. After the board acts, Davis-Stirling requires it to notify the member of its decision in writing within a short statutory period.
Fines follow a published schedule
Separately, California associations are generally expected to adopt and distribute a schedule of monetary penalties for violations (Civil Code §5850), so that fines are applied according to disclosed amounts rather than improvised case by case. That schedule is part of the policies the association distributes to members.
A $100 cap on most fines (AB 130, 2025)
Effective June 30, 2025, Assembly Bill 130 amended Davis-Stirling (Civil Code §§5850 and 5855) to cap most monetary penalties. An association generally may not impose a fine of more than $100 per violation, unless the violation "may result in an adverse health or safety impact" — and even then, the board must make a written finding describing that impact at an open meeting. The same legislation bars associations from charging late fees or interest on a fine, and calls for the board to give the member an opportunity to cure the violation before the hearing.
AB 130 also reinforced the member's path to internal dispute resolution (IDR): under §5855(d), if the matter is unresolved after the disciplinary hearing, the member may request the association's IDR process. Because the law took effect immediately, a fine schedule adopted before mid-2025 may predate the cap.
The bigger picture
California treats discipline and fines as something that must follow a fair, disclosed process — advance written notice, a stated reason, a hearing with the right to be heard, and written notice of the outcome. Whether those steps were properly followed in a given case is fact-specific, and a licensed California attorney is the appropriate resource for advice on a particular situation.
Frequently asked questions
Can a California HOA fine me without a hearing?
Section 5855 requires the board to give at least 10 days' advance written notice and an opportunity for a hearing before imposing discipline or a monetary penalty. A penalty imposed without that process is procedurally suspect.
What does the notice have to say?
Under §5855(b), it must include the date, time, and place of the meeting, the nature of the alleged violation, and a statement that the member may attend and address the board.
Does my HOA have to publish its fine amounts?
California associations are generally expected to adopt and distribute a schedule of monetary penalties (Civil Code §5850), so fines track disclosed amounts. The specifics come from the association's adopted policy and the statute.
Is there a limit on how much my HOA can fine me?
As of June 30, 2025, AB 130 generally caps fines at $100 per violation, unless the violation "may result in an adverse health or safety impact" and the board makes a written finding to that effect. The same law bars late fees or interest on fines. The amount in any case still depends on the association's adopted fine schedule and the current statute.
Sources
Free tool
Is your fine actually valid?
Answer a few questions about your notice and see how it compares to what California's law requires before an association can fine you — free, with the statute quoted for each step.