Overview
Getting a violation letter from your California HOA can feel intimidating. Many homeowners assume the letter itself is final and binding. It isn’t. A violation letter is simply a notice, not a judgment. California law imposes strict rules on how HOAs may issue violations, what due process they must provide, and what rights homeowners have to contest or cure alleged violations.
This Fact Sheet explains what violation letters are supposed to contain, what HOAs must do before imposing fines or penalties, the common mistakes boards and management companies make, and the steps homeowners can take to respond strategically.
For a quick-guide on your rights at an HOA disciplinary hearing, see my Fact Sheet, “AB 130 in California: Table of Statutory Changes Affecting HOAs and Homeowners.”
Key Points
Here’s what you need to know if you receive a violation letter from your California HOA:
- What a violation letter is (and isn’t). A violation letter is merely a notice of an alleged rule breach. It is not a fine or disciplinary action by itself.
- Due process is required. The Davis–Stirling Act requires your HOA to provide you with at least 10 days’ notice and an opportunity for a hearing before imposing fines or suspending privileges (Civil Code 5855). Skipping those steps is illegal and renders any discipline void.
- What the notice must include. A proper violation notice should specify the alleged violation, cite the governing document provision, and explain your right to a hearing (Civil Code 5855(b)). Vague or generic letters are a major red flag.
- Right to a hearing. You have the right to appear before the board in private (i.e., in executive session) to contest the violation, present evidence, or request accommodations. Boards cannot impose penalties without this step. The board must also provide you with their evidence supporting the allegations against you.
- Common HOA due process violations. Bad HOA boards (HOA boards from HELL) often violate due process by:
- Treating violation letters as automatic fines.
- Failing to cite applicable provisions of the governing documents.
- Skipping or mishandle hearings.
- Applying rules selectively against certain homeowners (i.e., engaging in selective enforcement).
- Financial penalties are limited. Civil Code provisions, including changes under AB 130, place caps and procedural safeguards on fines. Late fees or penalties issued without compliance are invalid.
- Records matter. You have the right under Civil Code 5200 to inspect governing documents, board minutes, and financials to determine whether rules are being applied consistently. If you’d like to do a deeper dive into your right to HOA documents under Civil Code 5200, see my article, “Forcing HOA Transparency: The Power of Civil Code § 5200 to Demand Records.” [https://mbkchapman.com/hoa-document-demand-5200/]
Receiving a violation letter is not the end of the story. It’s the beginning of a process that must comply with the Davis-Stirling Act’s due process protections, and it’s a process that you’re entitled to contest if your HOA drops the ball.
FAQs
What should I do first if I get a violation letter from my HOA?
Read the letter carefully. Check whether it cites the specific rule or CC&R provision, and note whether it gives you the option of a hearing. If you are offered a hearing date, make sure that the hearing date is at least 10 days away.
Can my HOA fine me immediately after sending a violation letter?
No. HOAs must provide notice and a hearing before fines or penalties are imposed. A violation letter by itself is not a fine. If you’d like to watch an amusing, but enlightening, episode of my podcast, HOA HELL, featuring a comedic scene from the hit TV show, “Tulsa King,” watch the episode entitled “HOA Justice, Mob Style: What Tulsa King Gets Wrong—and Right—About HOA Fines.”
What are my rights at an HOA violation hearing in California?
You may attend in executive session, present your side of the story, provide evidence, and request accommodations if needed. The board must consider your input and evidence before deciding. The board must also provide you with their evidence supporting the allegations against you.
What if my HOA sends vague or generic violation letters?
A letter that doesn’t identify the alleged violation or cite the governing rule fails to meet due process standards. Any discipline imposed should be challenged and declared void.
Can my HOA treat some homeowners differently when enforcing violations?
No. Selective enforcement or targeting specific members while ignoring others is unlawful and gives you excellent grounds to challenge the violation.
What if my HOA fines me without giving me a hearing?
That’s a violation of the Davis–Stirling Act. Improperly issued fines are illegal, and you may use Civil Code 5930 ADR or litigation to contest them if the board refuses to correct its actions by voiding the discipline.
About MBK Chapman Fact Sheets
Homeowners searching for answers online will often come across articles that appear authoritative, but are actually written as search-engine marketing content rather than by an experienced HOA lawyer. These pieces tend to prioritize keyword density over clarity, accuracy, or legal context, which often leaves homeowners more confused than informed.
At MBK Chapman, our Fact Sheets are part of our HOA Law Library and are written by Michael Kushner, an HOA lawyer with decades of hands-on experience representing California homeowners. In fact, Michael Kushner is the HOA lawyer who pioneered the systems and strategies used by some of California’s most successful homeowner-side HOA law firms.
Each Fact Sheet is deliberately concise, statute-based, and designed as a quick-reference guide to help homeowners understand key HOA laws and enforcement rules at a glance.
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