California Civil Code 5855 sets the procedure a homeowners association must follow before it fines a member or charges the member for damage to common areas. The board must send written notice at least 10 days before the meeting, hold a hearing where the member can attend and speak, honor the member’s right to cure the violation, and deliver a written decision within 14 days if discipline is imposed. Skip any step, and the fine or charge is not effective against the member.
What the Pre-Hearing Notice Must Contain
Before the board meets to consider discipline or a charge for damage to shared property, it must send the member a written notice with three things: the date, time, and place of the meeting; the nature of the alleged violation or the nature of the damage; and a statement that the member has the right to attend and speak at the meeting.1California Legislative Information. California Civil Code CIV 5855 The notice does not have to quote the exact governing-document provision at issue, but it must describe the alleged violation clearly enough for the member to prepare a response.
The board must deliver this notice at least 10 days before the meeting. That window is a hard floor. If the notice arrives late, any resulting fine or charge is not effective against the member.1California Legislative Information. California Civil Code CIV 5855
How the Notice Must Be Delivered
Section 5855 allows two delivery methods: personal delivery or “individual delivery” as defined in Civil Code Section 4040. Individual delivery defaults to the member’s preferred method on file with the association. If the member provided a valid email address, the association delivers by email. If no email is on file or the member revoked email consent, the association falls back to first-class mail, certified mail, express mail, or overnight carrier sent to the last address in the association’s records.1California Legislative Information. California Civil Code CIV 5855
The Right to Cure Before the Hearing
The 2025 amendments added a member’s right to fix the problem before the hearing. If the member cures the violation before the meeting, the board cannot impose discipline. If the fix would take longer than the gap between receiving the notice and the meeting date, the member can provide a financial commitment to cure, which also blocks the board from imposing a penalty.1California Legislative Information. California Civil Code CIV 5855
This is where many fines end before they are imposed. Fixing an overgrown yard or a paint-color issue within the 10-day window ends the matter. A board that ignores a timely cure and fines anyway is acting outside the statute, and the fine carries no legal weight.
The Disciplinary Hearing
At the meeting, the member has the opportunity to address the board. The statute does not prescribe a courtroom-style format; it guarantees that the member can attend and speak. In practice, that means presenting your side, offering documents or photographs, and responding to the board’s concerns.
If the member requests it, the board must hold the hearing in executive session, keeping the discussion private from other residents.1California Legislative Information. California Civil Code CIV 5855
What Happens After the Hearing
The 2025 amendments created two paths depending on whether the board and member reach agreement.
If the Board and Member Agree
When both sides come to terms, the board must draft a written resolution. Once signed by the board and the member, the resolution is binding on the association and judicially enforceable.1California Legislative Information. California Civil Code CIV 5855 Neither side can walk away from it later without legal consequences.
If They Disagree
When the meeting ends without agreement, the member has the right to request internal dispute resolution under Civil Code Section 5910. That process is separate from the hearing and gives both sides another chance to resolve the matter before the board moves to impose discipline.1California Legislative Information. California Civil Code CIV 5855
The 14-Day Written Decision
If the board imposes discipline or a monetary charge for damage to common areas, it must deliver a written notification of the decision to the member within 14 days.1California Legislative Information. California Civil Code CIV 5855 The same delivery rules apply: personal delivery or individual delivery under Section 4040. Older versions of the statute allowed 15 days; the current version shortened it to 14. The written notification should state what discipline was imposed or what charge was assessed.
When the Board Skips a Step
The statute’s enforcement mechanism is straightforward. If the board does not fulfill every procedural requirement, the disciplinary action or monetary charge “shall not be effective against a member.”1California Legislative Information. California Civil Code CIV 5855 A fine imposed without proper notice, without the 10-day lead time, without honoring the right to cure, or without the 14-day written decision is legally void. The association cannot collect it, record it, or enforce it. If you receive a fine, checking each of these steps is the first thing to do.
Related Limits That Sit Outside Section 5855
Section 5855 governs procedure. Three neighboring rules shape what an HOA can actually do with a fine once it clears the procedural hurdles.
Dollar cap under Section 5850. As of July 1, 2025, fines for rule violations cannot exceed $100 per violation. The board may impose a higher fine only when the violation would cause an adverse health or safety impact on the common area or another member’s property, and even then it must first make a written finding in an open meeting specifying what that impact is. The statutory cap overrides higher amounts written into the CC&Rs.
No assessment lien under Section 5725. The association cannot treat a fine imposed as discipline for a rule violation as an assessment that could become a lien against the member’s property.2California Legislative Information. California Code Civil Code 5725 Unpaid monthly assessments can lead to a lien and foreclosure. Unpaid disciplinary fines cannot. The association would have to pursue collection through a separate legal action, such as small claims court.
ADR before court under Sections 5930 and 5935. Neither the association nor a member may file an enforcement action in superior court without first attempting alternative dispute resolution, which can include mediation, arbitration, or another process involving a neutral third party.3California Legislative Information. California Code, Civil Code CIV 5930 Small claims filings are exempt. To start the process, either side serves a “Request for Resolution” on the other party. The request must describe the dispute, formally ask for ADR, and inform the recipient that they have 30 days to accept or the request is deemed rejected.4California Legislative Information. California Code Civil Code 5935 When filing an enforcement action, the plaintiff must include a certificate stating that ADR was completed, that the other party rejected it, or that emergency injunctive relief is needed. A court may also consider whether a party unreasonably refused ADR when awarding attorney’s fees.