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How Much Can a California HOA Fine You? Quick Answers

Below are short answers about how much a California HOA can fine you, what the fine schedule has to say, and what happens to a fine you dispute. They are based on the Davis-Stirling Common Interest Development Act, codified at California Civil Code §§4000–6150; references throughout this article to "Civil Code §xxxx", "Davis-Stirling" and "§" point to the same body of law.

For the full step-by-step hearing process, see Can Your HOA Fine You Without a Hearing?

The board says I owe a $200 fine. Can they do that?

Usually not. A fine cannot be more than the lower of two amounts: the amount in the HOA's fine schedule that was in effect when the violation happened, or $100 per violation (§5850(c)).

The board can go above $100 only if all three of these are true (§5850(d)):

the higher amount is stated in the fine schedule, or a supplement to it, that was in effect at the time of the violation;
the violation may result in an adverse health or safety impact on the common area or on another member's property; and
before imposing the fine, the board made a written finding describing that impact, at a board meeting open to members.

Ask the board in writing which entry in the schedule it relied on, and for the minutes of the meeting where it made the finding.

What if the schedule says "at the board's discretion"? No court has decided this yet, and the words of §5850 don't settle it. But the purpose of a fine schedule is clear from how the law treats it. The schedule must be sent to every owner in advance (§5850(a)), changes must be delivered to each owner individually (§5850(b)), and a fine is measured against the schedule "in effect at the time of the violation" (§5850(c)(1)). The point is that owners know the penalty before they act. So each entry should state a dollar amount, or a rule that produces one, such as "doubles with each repeat violation" or "increases by $200 each time." An entry that leaves the amount to the board may look compliant, but it tells owners nothing and doesn't do what a schedule is for.

I never received a fine schedule. Can they still fine me?

If the HOA fines owners, it must adopt a fine schedule and send it to every owner with the annual policy statement (§5850(a)). New or changed fines can be added later in a supplement, delivered to each owner individually (§5850(b)). A fine can't be more than the amount "stated in the schedule" in effect at the time of the violation (§5850(c)(1)), so a fine with no schedule behind it has nothing to be measured against.

Start by asking for a copy. The HOA must give you the most recent schedule and any supplements when you ask (§5850(f)). If it can't produce one, that is your answer. If it does, ask when and how it was sent to you. Note that the HOA may have sent you only a summary of the annual policy statement, with instructions for requesting the full copy (§5320(a)(2)).

They say a new fine schedule was adopted last week. Does it apply to me?

Two things to check.

Timing. A fine is measured against the schedule in effect at the time of the violation (§5850(c)(1)). A schedule adopted after your violation doesn't reach it.

How it was adopted. A fine schedule is an operating rule, so changing it follows the rule-change process (§4355(a)(3)). The board must:

give owners general notice of the proposed change, with its text, at least 28 days before adopting it (§4360(a));
decide at a board meeting, after considering owners' comments (§4360(b)); and
give general notice of the change within 15 days after adopting it (§4360(c)).

The board can skip the 28-day notice only for an emergency change needed to address an imminent threat to public health or safety or an imminent risk of substantial economic loss, and that change lasts at most 120 days (§4360(d)). A rule not adopted in good faith and in substantial compliance with this process is not enforceable (§4350(d)). Ask for the 28-day notice and the minutes of the meeting where the schedule was adopted.

Can my HOA fine me for what my tenant did?

Yes, if your HOA's documents allow it. The fine-schedule law expressly covers penalties "relating to the activities of a guest or tenant of the member" (§5850(a)), and the schedule must be based on the discipline your governing documents authorize (same subdivision). The fine is imposed on you as the owner, so the protections are yours: the notice and hearing go to you, you have the right to fix the problem before the meeting, and the $100 cap applies the same way (§5850(c), §5855(a)–(c)). Whether you can pass the fine on to your tenant depends on your lease, not on HOA law.

They added late fees and interest to my fine. Is that allowed?

No. An HOA cannot charge a late charge or interest on a fine (§5850(e)). Dispute that part separately, even if you are still disputing the fine itself.

Can they put a lien on my home over a fine?

Not the kind that can lead to foreclosure. The governing documents cannot treat a fine for breaking the rules as an assessment that becomes a lien enforceable by selling your home (§5725(b)). The HOA can still sue you to collect it.

I'm selling my home and a fine I dispute is still on my account. What happens?

What the buyer sees. Before the sale you must give the buyer a statement from the HOA listing any unpaid fines (§4525(a)(4)), and a copy or summary of any notice of an alleged violation that is still unresolved (§4525(a)(5)). A disputed fine will usually show up there.

Who owes it. The fine is yours, not the buyer's, and the governing documents can't make it a lien enforceable by selling the home (§5725(b)). The violation is a separate matter: giving the buyer the notice doesn't waive the HOA's right to enforce its rules against you or the buyer (§4525(a)(5)). An unresolved physical violation, like an unapproved change to the property, can become the buyer's problem, and buyers often ask the seller to deal with it first.

What to do in practice. Escrow usually pays what the HOA's statement shows so the sale can close, so a dispute still open at closing tends to end with the fine being paid. Start early:

ask the HOA in writing to remove the fine, explaining why it isn't valid; a fine imposed without the required steps is not effective against you (§5855(g));
request internal dispute resolution; the HOA must take part, and a written resolution signed by both sides that doesn't conflict with the law or the governing documents binds it (§5910(c), (e)); and
if it isn't resolved by closing and the amount is within the small claims limit, pay it under protest, together with everything else the HOA has billed, and then sue in small claims court (§5658(a)). The law gives this right to the owner, so do it at or before closing, and tell the HOA and escrow in writing that you are paying under protest.

These answers explain the general rules. Whether they apply to your fine depends on your HOA's documents and what actually happened. For the complete hearing process, see Can Your HOA Fine You Without a Hearing?