What Is a California HOA Allowed to Fine You For?

If you live in a California HOA community, you've probably wondered what your association can actually fine you for — and how much they can charge. The rules changed significantly in 2025 when AB 130 introduced a $100 per violation cap and new homeowner protections under the Davis-Stirling Common Interest Development Act.

Here's what every California HOA member and board member needs to know about HOA fines in 2026.

What Are HOA Fines in California?

HOA fines are monetary penalties your association can impose when a homeowner (or their guest or tenant) violates the community's governing documents. These include your CC&Rs, bylaws, and any operating rules the board has adopted.

Under California Civil Code §5850, fines must follow a published schedule of monetary penalties that the board distributes in its annual policy statement. If a fine isn't in the schedule, the HOA can't charge it.

ℹ️ Note: Your HOA must provide a copy of its current fine schedule to any member who requests one (Civil Code §5850(f)).

How Much Can a California HOA Fine You?

Since June 30, 2025 (when AB 130 took effect), California law caps most HOA fines at $100 per violation. Specifically, a fine cannot exceed the lesser of:

1. The amount listed in the HOA's published fine schedule, or
2. $100 per violation

This means even if your HOA's schedule says $200 for a parking violation, the legal maximum is now $100.

The Health and Safety Exception

There is one exception. The board can impose fines greater than $100 if the violation "may result in an adverse health or safety impact on the common area or another member's property." But there's a catch — the board must:

• Make a written finding specifying the health or safety impact
• Do so at a board meeting open to members

This prevents boards from using the exception casually.

⚠️ Warning: Your HOA cannot charge late fees or interest on monetary penalties. This is explicitly prohibited under Civil Code §5850(e).

What Can a California HOA Fine You For?

An HOA can fine members for any violation of the governing documents, as long as the fine is in the published schedule. Common examples include:

Noise and Nuisance Violations

Excessive noise during quiet hours, ongoing disturbances, or nuisance behavior that affects other residents.

Parking Violations

Parking in unauthorized spaces, storing commercial vehicles, blocking fire lanes, or exceeding guest parking limits.

Pet Rule Violations

Keeping unauthorized pets, violating leash requirements, failing to clean up pet waste, or exceeding the number of permitted animals.

Architectural and Landscaping Violations

Making exterior modifications without approval — new paint colors, fencing, structures, or landscaping changes that don't conform to community standards.

Common Area Misuse

Breaking pool rules, damaging gym equipment, leaving personal items in shared spaces, or unauthorized use of clubhouse facilities.

Rental and Occupancy Violations

Operating unauthorized short-term rentals (like Airbnb), exceeding occupancy limits, or failing to register tenants with the HOA.

Maintenance Failures

Neglecting exterior upkeep — overgrown yards, peeling paint, broken fixtures visible from common areas, or failure to maintain your lot per CC&R standards.

💡 Tip: Your HOA is responsible for the actions of your guests and tenants, too. Under §5850, fines for guest or tenant violations are charged to the member.

What a California HOA Cannot Fine You For

California law protects several homeowner rights that override HOA rules. Your HOA cannot fine you for:

• Displaying the American flag — Protected by Civil Code §4705 and the federal Freedom to Display the American Flag Act
• Posting political signs — Protected under Civil Code §4710 (with reasonable time, place, and manner restrictions)
• Installing solar panels — The Solar Rights Act (Civil Code §714) prevents HOAs from effectively prohibiting solar energy systems
• Installing EV charging stations — Civil Code §4745 protects electric vehicle charging infrastructure
• Water-efficient landscaping — Civil Code §4735 prevents HOAs from fining you for replacing grass with drought-tolerant plants
• Growing a personal garden — Civil Code §4750 protects the right to personal agriculture
• Small satellite dishes — FCC rules (47 CFR §1.4000) preempt HOA restrictions on dishes under one meter
• Building an ADU or JADU — AB 130 strengthened protections against HOA restrictions on accessory dwelling units

If your HOA tries to fine you for any of these, the fine is likely unenforceable.

Your Hearing Rights Under Civil Code §5855

California law gives homeowners significant due process protections before an HOA can impose a fine. Here's the process the board must follow:

Step 1: Written Notice (At Least 10 Days Before)

The board must send you written notice at least 10 days before the discipline hearing. The notice must include:

• The date, time, and place of the meeting
• The nature of the alleged violation
• A statement that you have the right to attend and speak

Step 2: Your Right to Cure

This is one of the biggest protections added by AB 130. Before the hearing, you must have the opportunity to fix the violation. If you cure it before the meeting, the board cannot impose discipline.

If the fix takes longer than 10 days, you can provide a financial commitment to cure it, and the board still can't fine you.

Step 3: The Hearing

You have the right to attend the hearing and address the board. You can also request that the hearing be held in executive session (closed to other members) for privacy.

Step 4: The Decision

If the board decides to impose a fine, it must provide you with written notification within 14 days. If you disagree, you can request internal dispute resolution under Civil Code §5910 — and the HOA must participate. There's no fee to you.

⚠️ Warning: A fine imposed without following the full §5855 process is not enforceable. If your HOA skipped any step, you have grounds to challenge it.

Common HOA Fine Disputes in California

Understanding your rights helps you recognize when something isn't right. Watch for these red flags:

• Selective enforcement — The HOA fines you but ignores the same violation by your neighbor. This can be challenged as arbitrary and discriminatory.
• No published fine schedule — If the violation isn't listed in the schedule, the fine isn't valid under §5850.
• Skipping the hearing — Fines imposed without the required 10-day notice and hearing are unenforceable per §5855(g).
• Fines exceeding $100 — Unless the board documented a health/safety exception with a written finding at an open meeting, fines over $100 are unlawful.
• Retroactive rules — The HOA can't fine you for violating a rule that didn't exist when the "violation" occurred.
• Improperly adopted rules — Operating rules must meet the requirements of Civil Code §4350 (in writing, within authority, not conflicting with law, adopted in good faith, and reasonable).

How to Challenge an HOA Fine

If you believe a fine is unfair or improper:

1. Request the fine schedule — Confirm the violation and fine amount are listed.
2. Review the notice — Did you receive proper written notice at least 10 days before the hearing?
3. Exercise your right to cure — Fix the violation before the hearing date.
4. Attend the hearing — Present your case to the board.
5. Request internal dispute resolution — Under §5910, the HOA must participate at no cost to you.
6. Consult an attorney — For persistent issues, an HOA attorney can advise on further remedies.

How Propty Helps HOA Boards Manage Fines the Right Way

For board members, staying compliant with California's fine rules can be complicated — especially after the AB 130 changes. Getting it wrong exposes the association to legal challenges and erodes homeowner trust.

Propty helps self-managed HOA boards and property managers:

• Track violations and fines with a clear audit trail tied to your governing documents
• Automate notice timelines so you never miss the 10-day hearing notice or 14-day decision deadline
• Maintain your fine schedule in one place, accessible to all board members and homeowners
• Document hearings and decisions to ensure full §5855 compliance
• Stay current with California law changes through built-in compliance tracking

Whether you're a homeowner who wants to understand your rights or a board member who needs to enforce rules fairly, knowing the law is the first step.

[See how Propty simplifies HOA management →](https://propty.io)

*This article is for informational purposes only and does not constitute legal advice. For specific questions about HOA fines in your community, consult a California HOA attorney.*

Related reading:

• 2026 California HOA Compliance Calendar
• SB 326 Balcony Inspection Requirements
• How to Run a Self-Managed HOA in California