Illegal HOA Fines & Violations – What Your HOA Can’t Charge You For

(California Homeowners – Know Your Rights Before You Pay)

Homeowners across California are paying fines they do not legally owe, or worse, feel pressured to pay them out of fear, even when their HOA has no authority to issue those penalties in the first place.

The problem?


Many HOAs rely on intimidation, lack of transparency, and homeowner confusion, especially when it comes to violation notices and fines. Some enforce selectively, others skip required procedures, and in the worst cases, HOAs use fines to push homeowners into silence or compliance.

California law is clear:
An HOA cannot fine you unless it follows specific legal procedures, and many do not.

This blog breaks down what HOAs cannot charge you for, and how homeowners are fighting back and winning.

Fines Your HOA May Not Be Allowed to Charge You For

Below are the most common improperly enforced fines reported by California homeowners:

1. Fines Without Proper Notice (Due Process Violation)

Under California Civil Code 5855, the HOA must:

  • Give written notice at least 10 days before any hearing
  • Provide the date, time, and location of the hearing
  • Allow the homeowner to speak or defend themselves before fines are issued
  • Provide an official written decision afterward

If they did not follow these steps, the fine may be invalid.

2. Selective Enforcement – Treating Some Neighbors Differently

“Why does their trash can sit outside all week, but I got a fine for it?”

If rules are only enforced against certain homeowners, the HOA may be violating California law and exposing itself to legal liability.

Selective enforcement is often considered discriminatory and unlawful.

What to do: Take photos, document inconsistencies, and request enforcement data in writing.

3. Fines That Are Not in Your CC&Rs or Rules

Your HOA cannot fine you for rules that:

  • Are not inside your governing documents
  • Were created improperly
  • Were never voted on or approved correctly
  • Were not officially distributed to homeowners

If it is not in the CC&Rs, they generally cannot fine you for it.

4. Immediate Fines With No Warning

Most governing documents require a courtesy notice before any fine is issued.

No courtesy notice?
That may violate HOA procedure and California law.

5. Fines Used as Threats or Retaliation

If you questioned the board, asked for documents, challenged spending, or raised concerns and suddenly violations appear, this may be board retaliation. That is a major red flag.

How to Challenge an Illegal Fine – The Smart Way

The biggest mistake homeowners make is calling the office and complaining verbally.

That leaves no record and gives you no legal leverage.

If you want templates on how to challenge an illegal fine, the HOA Victory Kit includes document request scripts, fine dispute templates, and violation response letters that have worked for homeowners across California.

You Have Legal Rights in California

If your board ignores state laws, they may be operating outside their authority.

Visit HOA Victory Kit for tools you can use when challenging illegal fines.

Frequently Asked Questions (FAQ)

Can my HOA fine me without warning?
No. Most CC&Rs require a courtesy notice before any fine.

What if I already paid an illegal fine?
You may be able to demand reimbursement if the fine violated due process.

What if they refuse to show me documentation?
Submit a formal written request citing the specific Civil Code section. They are legally required to respond.

What To Do if Your HOA Will Not Back Down

If your HOA refuses to respond, or fines continue without justification, you do not need to accept it.

You may be able to:

  • Dispute the fines
  • Request enforcement records
  • Demand equal enforcement
  • Stop fines through written notices
  • Organize other homeowners
  • Initiate a recall election

In one case, our team helped homeowners stop a 4.2 million dollar special assessment and recall an entire board without hiring an attorney.

You Are Not Powerless. Your HOA Works for You.

HOAs count on confusion and fear.

Once homeowners understand what the HOA legally can and cannot do, everything changes.

They begin asking the right questions.
They start requesting the correct documents.
They stop accepting unfair fines.
They demand accountability.

This is why we created the HOA Victory Kit: a step-by-step resource for California homeowners to:

  • Challenge illegal fines
  • Demand transparency
  • Request documents legally
  • Organize neighbors
  • Hold the board accountable

Learn how to protect your rights here:
https://www.hoavictorykit.com/

Disclaimer (California Residents Only)

This information is for educational purposes only and applies to California HOA homeowners. It is not legal advice. For legal guidance, consult a qualified California attorney.

Ready to take action?

Protect your property value, your rights, and your peace of mind.

Visit our website: https://www.hoavictorykit.com/ and get the tools to defend yourself today.