Overview
AB 130 made several important changes to California law that affect property owners, and more particularly, HOA members and boards. In this Fact Sheet, I provide a table that summarizes the statutes amended or added by AB 130 and the nature of those changes.
For a deeper dive into this topic, see my full article on “How California’s AB 130 Limits HOA Fines and Enforcement.”
Updated September 15, 2025 to add FAQs on AB 130 enforcement.
Key Points
Instead of broad summaries, this Fact Sheet summarizes AB 130’s statutory changes in chart form so you can see, at a glance, exactly which statutes were amended or added, what changed, and the practical effect of each change.
AB 130: Table of Statutory Changes
| Statute Affected | What Changed / Added | Key Effects |
|---|---|---|
| Civil Code 714.3 | Amended | Makes unenforceable any covenant or restriction that effectively prohibits or unreasonably restricts construction or use of an ADU or JADU on a single-family lot. Clarifies that “reasonable restrictions” are those that don’t unreasonably increase cost or effectively prohibit construction, and specifically excludes financial requirements such as fees. |
| Civil Code 2924.13 | New | Adds protections for borrowers with subordinate (junior) mortgages. Defines unlawful servicing practices such as failing to communicate with borrowers, failing to provide notices of transfer, threatening foreclosure after discharge or expiration of statute of limitations, or failing to provide account statements. Requires servicers to record a certification with the county recorder when filing a notice of default, and to provide the borrower a copy. Borrowers can petition the court to stop a foreclosure sale if unlawful practices occurred, and may raise these issues as defenses in judicial foreclosure. |
| Civil Code 5850 | Amended | Caps HOA fines at $100 per violation unless the violation poses a health or safety impact. Higher fines allowed only if the board makes a written finding in an open board meeting documenting the health or safety impact. |
| Civil Code 5855 | Amended | Purports to expand procedural protections in HOA disciplinary hearings. Requires homeowners be given an opportunity to cure violations before discipline is imposed. If more time is needed, members may provide a financial commitment to cure. Hearing notices must include the alleged violation, any damage, and notice of the right to attend and address the board (including in executive session). Boards must issue written notice of their decision within 14 days. |
AB 130 made a series of changes to different parts of the Civil Code. Some of these significantly altered HOA authority, and others introduced new procedural hurdles in foreclosure and enforcement. Having these statute-by-statute changes in one place should make it easier for you to understand what changed.
FAQs
Can my HOA fine me more than $100 per violation after AB 130?
No. HOA fines are capped at $100 per violation unless the board documents a valid health or safety justification in an open meeting.
Can an HOA add late fees or interest if I don’t pay a fine?
No. AB 130 prohibits HOAs from adding late fees or interest to unpaid fines.
What rights do I have in an HOA disciplinary hearing after AB 130?
You must be given notice of the violation, damages, and your right to attend. You also have the opportunity to cure the violation or provide a financial commitment to cure before discipline is imposed.
Do hearing agreements now carry more weight under AB 130?
Yes. Written agreements reached in Civil Code 5855 disciplinary hearings are now judicially enforceable, meaning a court can enforce them like a contract.
How does AB 130 affect ADUs and JADUs?
It strengthens protections against HOA restrictions that increase costs or effectively prohibit ADUs or JADUs, and clarifies that financial requirements like fees are not “reasonable restrictions.”
About MBK Chapman Fact Sheets
Homeowners searching for answers online will often come across “articles” that appear to be authoritative, but are actually designed as nothing more than search-engine marketing dumps. These pieces emphasize keyword inclusion rather than providing clear, related, and accurate analysis. Unfortunately, this approach can leave homeowners more confused than informed.
At MBK Chapman, our Fact Sheets, which are part of our HOA Law Library, are deliberately concise, statute-based, and are designed as quick-reference guides to help California homeowners understand key HOA laws at a glance.
Our Articles, by contrast, are designed for deeper analysis, context, and strategies that go beyond the quick-reference points covered in the Fact Sheets. Unlike much of what appears online, our Articles are not written by AI, and they contain nuanced discussion, real-world examples, and actual analysis of complex issues related to the daily lives of HOA members in California. In short, our Articles prioritize function and clarity over SEO word-dumping.