In California, homeowners' associations are governed primarily by the Davis-Stirling Common Interest Development Act, found at Civil Code sections 4000 through 6150. Federal law, the California Corporations Code (which applies to most HOAs incorporated as nonprofits), and each association's own CC&Rs and bylaws also play a role — but Davis-Stirling sets the baseline owner protections that governing documents can supplement but not take away.
The themes that run through Davis-Stirling are transparency, due process before discipline, and strict limits on foreclosure. An association must open its records on a defined timeline, give a member notice and a hearing before imposing a penalty, and clear specific thresholds before it can foreclose over unpaid assessments. This is general information, not legal advice; for how Davis-Stirling applies to your specific situation, a licensed California attorney is the right resource.
Records access (§5210)
Davis-Stirling gives members the right to inspect and copy association records, and it ties the response to fixed timelines that depend on how old the records are.
"within 10 business days following the association's receipt of the request" — Cal. Civ. Code §5210(b)(1) (current fiscal year records)
For records from the prior two fiscal years, the statute generally allows more time.
"within 30 calendar days following the association's receipt of the request" — §5210(b)(2)
Notice and a hearing before discipline (§5855)
Before an association imposes discipline or a monetary penalty on a member, the board has to give written notice and an opportunity to be heard.
"the board shall notify the member in writing ... at least 10 days prior to the meeting." — Cal. Civ. Code §5855(a)
The member is entitled to attend that meeting, which the board holds in executive session if the member requests it (§5855(b)).
"the member has a right to attend and may address the board at the meeting." — §5855(b)
A $100 cap on most fines (§5850)
Since June 30, 2025 (AB 130), a monetary penalty for violating the governing documents can't exceed the lesser of the amount in the association's fine schedule or $100 per violation.
"One hundred dollars ($100) per violation." — Cal. Civ. Code §5850(c)(2)
The board may impose a larger scheduled penalty 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 a written finding at a board meeting open to the members (§5850(d)). The statute also bars late charges or interest on a fine (§5850(e)), and §5855(c) gives the member an opportunity to cure the violation before the hearing.
Limits on foreclosing over assessments (§5720)
This is one of the strongest homeowner protections in California. An association cannot foreclose over a small or recent assessment debt — it has to clear a dollar threshold or a time threshold first.
"may not foreclose until the amount of the delinquent assessments secured by the lien ... equals or exceeds one thousand eight hundred dollars ($1,800) or the assessments secured by the lien are more than 12 months delinquent." — Cal. Civ. Code §5720(b)(2)
Below those thresholds, the statute points associations toward other remedies, such as small claims court — but not foreclosure of the home.
The board itself must vote to foreclose (§5705)
The decision to foreclose is not something an association can hand off to a collection agency. Davis-Stirling reserves it to the board and requires the vote to be recorded.
"The decision to initiate foreclosure of a lien for delinquent assessments that has been validly recorded shall be made only by the board and may not be delegated to an agent of the association." — Cal. Civ. Code §5705(c)
The statute requires the board to approve the decision by majority vote in executive session and to record that vote in the minutes of the next open meeting.
Frequently asked questions
Can my California HOA fine me without a hearing?
Generally no. Before imposing discipline or a monetary penalty, §5855 requires the board to give the member written notice at least 10 days before the meeting and an opportunity to address the board.
Can my HOA foreclose on my home over unpaid dues?
Not for a small or recent debt. Under §5720, the delinquent assessments must reach $1,800 (excluding late charges, fees, costs, and interest) or be more than 12 months delinquent before the association may foreclose.
How long does my HOA have to produce records?
Generally 10 business days for current-fiscal-year records and 30 calendar days for the prior two fiscal years, under §5210.
Does Davis-Stirling cover condominiums?
Yes. The Act applies broadly to common interest developments, including most condominiums and planned developments in California.
Sources
- California Civil Code §5210 — Time Periods for Producing Records
- California Civil Code §5705 — Decision to Foreclose
- California Civil Code §5720 — Limits on Foreclosure of Assessment Lien
- California Civil Code §5850 — Monetary Penalties; $100 Cap
- California Civil Code §5855 — Notice and Opportunity to Be Heard Before Discipline