Can my HOA fine me or restrict how I use my property?

What the Law Says

California law permits HOAs to adopt and enforce rules—including fines and use restrictions—but imposes strict procedural and substantive limits to protect homeowners’ rights.

HOAs in California operate under the Davis-Stirling Common Interest Development Act (Civil Code §§4000–6150). Their authority comes from recorded governing documents—especially the Covenants, Conditions & Restrictions (CC&Rs)—but that authority is limited by state law.

Fines must be reasonable, adopted by the board under a written 'fine schedule' approved by the board, and imposed only after providing written notice and an opportunity for a fair hearing. A fine cannot exceed $500 per violation unless the CC&Rs expressly authorize a higher amount—and even then, it must be reasonable.

Use restrictions (e.g., banning short-term rentals, limiting exterior modifications, or regulating pet size) are enforceable only if they are clearly stated in the CC&Rs or properly adopted as a rule under Civil Code §4350—and they must not violate public policy or state/federal law (e.g., fair housing laws).

Statutory Text

A monetary penalty may not exceed five hundred dollars ($500) for each violation, unless the governing documents expressly authorize a higher amount.

— Civil Code §5850(a) — Fines

Statutory Text

Before levying a fine, the association shall provide the owner with a written notice of the alleged violation and an opportunity to appear before the board… at least 10 days after the date the notice is delivered.

— Civil Code §5850(b) — Notice and Hearing

Statutory Text

The board may adopt rules… but only if the power to do so is conferred by the governing documents.

— Civil Code §4350(a) — Rulemaking Authority

What Courts Have Said

California courts have consistently held that HOA enforcement powers are contractual and statutory—not absolute—and will be invalidated when procedures are ignored or rules conflict with law.

What to Do

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