California HOA Fines and Hearings: What Davis-Stirling Requires

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; for how these rules apply to your specific situation, a licensed California attorney is the right resource. 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.

How much notice must a California HOA give before a fine hearing?

At least 10 days. Under Civil Code §5855, when the board is to meet to consider or impose discipline, it must notify the member in writing at least 10 days before the meeting. The notice must state the date, time and place, the nature of the alleged violation, and that the member may attend and address the board.

The statute sets the timing and the delivery method:

"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 14 days (§5855(f)).

Fines follow a published schedule

Separately, a California association that imposes monetary penalties must adopt and distribute a schedule of monetary penalties for violations (Civil Code §5850(a)), 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.

What did AB 130 change for California HOA fines?

It capped most fines at $100 per violation. Effective June 30, 2025, Assembly Bill 130 amended Civil Code §5850 and §5855 so a higher fine is allowed only if the fine schedule sets it, the violation may have an adverse health or safety impact, and the board makes a written finding. It also bars late fees or interest on fines.

Under the amended statute, an association generally may not impose a fine of more than $100 per violation (or the amount in its fine schedule, if lower), unless the fine schedule sets a higher penalty and the violation "may result in an adverse health or safety impact on the common area or another association member's property" — 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. Under §5855(g), a disciplinary action "shall not be effective against a member unless the board fulfills the requirements of this section."

What does a Davis-Stirling notice of disciplinary hearing 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. Under §5855(a), it goes to the member in writing "by either personal delivery or individual delivery pursuant to Section 4040, at least 10 days prior to the meeting." The statute does not prescribe any form or wording for a member's reply; it does say the board "shall meet in executive session if requested by the member."

Does my HOA have to publish its fine amounts?

A California association that imposes monetary penalties must adopt and distribute a schedule of them (Civil Code §5850(a)), 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.

How does a homeowner file for a Davis-Stirling hearing?

Civil Code §5855 frames the disciplinary hearing as something the board initiates, not something the member files. When the board "is to meet to consider or impose discipline upon a member," it must notify the member in writing "at least 10 days prior to the meeting." The member "has a right to attend and may address the board," may ask for executive session, and "shall have the opportunity to cure the violation prior to the meeting." If the board and the member disagree afterward, §5855(d) gives the member "the opportunity to request internal dispute resolution pursuant to Section 5910"; under §5910, a request invoking that procedure "shall be in writing," and the association must participate when a member invokes it. The association's own procedure and governing documents supply the details, and a licensed California attorney can address a specific case.

Sources

• California Civil Code §5855 — Notice and hearing before discipline or monetary penalty
• California Civil Code §5850 — Schedule of monetary penalties; fine limits
• California Civil Code §5910 — Internal dispute resolution procedure requirements
• AB 130 (2025) — HOA fine cap and enforcement changes