Davis-Stirling Act HOA Fines: California's $100 Cap & Your Hearing Rights (2026)

California changed its HOA fine rules in 2025. The Legislative Counsel's Digest of AB 130, approved June 30, 2025 and written to take effect immediately, says it limits fines to the lesser of the fine schedule or $100 per violation, except as specified, and requires the board to give you the opportunity to cure before the meeting where it considers discipline. Separately, §5850 says a late charge or interest cannot be charged on a fine. If your HOA fined you, it has to follow these rules exactly. Here is what the Davis-Stirling Act says in plain English, and what to do about your notice right now.

What the Davis-Stirling Act is

The Davis-Stirling Common Interest Development Act is California's main HOA law. It starts at Civil Code §4000 and covers homeowners associations and condominium associations. It controls how boards hold meetings, share records, collect assessments and discipline members.

Two sections matter most when you have been fined. Section 5850 sets the fine schedule, the $100 cap and the ban on late charges and interest. Section 5855 sets the notice, hearing and cure steps the board must complete before it can discipline you. AB 130 amended both sections. Your own governing documents still matter too, because the board can only fine you for breaking a rule that is actually in them, and its fine schedule has to match the discipline they authorize. For a wider tour of California homeowner protections, see our California HOA rights guide or the California rights page.

The fine schedule and the $100 cap (§5850)

Compare your fine against this list. If your HOA breaks any of these rules, say so in writing before you pay.

A common mix-up: you may see §5865 cited for the fine schedule rule. It isn't. Section 5865 only says that §§5850 and 5855 do not create, expand or reduce the board's authority to impose monetary penalties. The schedule and the $100 cap come from §5850, so cite §5850 in your dispute letter.

The steps your HOA must complete before it can discipline you (§5855)

Before a board can discipline you, or charge you for damage to the common area, it has to go through a set process. Check each step against what you received.

1. Written notice at least 10 days before the board meeting. It must be delivered to you personally or by individual delivery under Civil Code §4040.
2. The right contents. The notice must give the date, time and place of the meeting, the nature of the alleged violation, and a statement that you have a right to attend and may address the board.
3. Executive session if you ask. The board must meet in executive session if you request it.
4. A chance to cure before the meeting. The board cannot impose discipline if you cure the violation before the meeting. It also cannot do so if curing takes longer than the notice period and you make a financial commitment to cure. Commentary on the law notes that the statute doesn't define "financial commitment," so get any arrangement in writing.
5. Internal dispute resolution if you disagree. After the meeting, you can request internal dispute resolution under §5910. If you and the board agree, the board writes a resolution both sides sign, and it is judicially enforceable.
6. A written decision within 14 days. If the board disciplines you or imposes a charge, it must tell you in writing within 14 days of the action, delivered the same way as the first notice.

The last piece is the one that gives these steps teeth. Under §5855, discipline is not effective against a member unless the board meets the section's requirements.

The most common mistakes in California HOA fines

These are the gaps worth checking in your notice. Any one of them is worth raising in writing:

• A fine over $100 with no health or safety finding. The exception needs a written finding made at an open board meeting.
• A fine higher than the schedule, or no schedule at all. A fine can't exceed the schedule amount, and a board that fines must adopt and distribute a schedule.
• Less than 10 days between the notice and the meeting, or a notice with no meeting date, time or place.
• A notice that doesn't describe the violation or doesn't say you can attend and speak.
• No chance to cure first. The fine arrives before you were told you could fix the problem.
• A late charge or interest added to the fine.
• No written decision within 14 days of the board's action.

Our guide to 5 procedural errors that make HOA fines hard to enforce covers mistakes that apply in every state, and our state-by-state fine limits show how California's cap compares.

What to do right now

1. Write down the dates. Note the day you received the notice and the meeting date, and count the days between them. Keep the envelope or email. If it's fewer than 10, that is your first point.
2. Don't pay yet, and don't skip the meeting. You have the right to attend and address the board, and the meeting is where you can raise every missing step.
3. Ask for the fine schedule in writing. Request the most recent schedule and any supplements under §5850. Keep a copy of your request.
4. Read your governing documents for four things. First, the exact wording of the rule you are accused of breaking, and whether it sets a cure period. Second, the enforcement section: does it authorize fines for this kind of violation, and who decides? Third, any hearing procedure and how the HOA says it will deliver notices. Fourth, the fine schedule in your annual policy statement. Compare the amounts and dates to §5850 and §5855.
5. Fix it if you can, and document it. Curing before the meeting stops the board from disciplining you. Take dated photos and keep receipts.
6. Attend and ask for executive session. Bring your evidence and a short written statement. Ask for the decision in writing.
7. Calendar the 14 days. If the written decision doesn't arrive in time, note it. If you disagree with the decision, request internal dispute resolution in writing under §5910.
8. Send a dispute letter that names each missed step. Cite the section for each one. Our free dispute letter template and our guide on how to fight an HOA fine walk through the wording.

Check the date of your violation first. §5850(c) refers to the fine schedule in effect at the time of the violation, and AB 130 took effect on June 30, 2025; we did not find a rule about older fines in the sections we read, so ask a California attorney if your violation predates that date.

Frequently asked questions

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