For volunteer board members
California HOA Rules for Board Members (2026)
Serving on a California HOA board means making calls that affect your neighbors, usually with no training. This page sums up what California law says about the parts boards ask about most, in plain English, with the statute section and an official link beside every rule.
California common interest developments governed by the Davis-Stirling Act (Civil Code §4000 and following): homeowners' associations in planned developments, condominium associations, stock cooperatives and community apartment projects. If your community is mainly commercial or industrial, a different California act may apply; ask a California attorney.
- Deliver the hearing notice by: the member gets written notice at least 10 days before the meeting, by personal delivery or individual delivery. Mailed notice counts as delivered when it goes in the mail.
- Post the board meeting notice and agenda by: notice of the meeting's time and place, with the agenda, to all members at least 4 days before (2 days if the meeting is held only in executive session). A longer period in your documents controls.
- Deliver the written decision by: within 14 days following the board's action, by personal delivery or individual delivery. Discipline isn't effective unless every step of §5855 is followed.
Updated October 2026. Not legal advice.
Key California deadlines at a glance
| Deadline | What the law says |
|---|---|
| Deliver the hearing notice by | The member gets written notice at least 10 days before the meeting, by personal delivery or individual delivery. Mailed notice counts as delivered when it goes in the mail. Cal. Civ. Code §5855(a) |
| Post the board meeting notice and agenda by | Notice of the meeting's time and place, with the agenda, to all members at least 4 days before (2 days if the meeting is held only in executive session). A longer period in your documents controls. Cal. Civ. Code §4920(a)-(d) |
| Deliver the written decision by | Within 14 days following the board's action, by personal delivery or individual delivery. Discipline isn't effective unless every step of §5855 is followed. Cal. Civ. Code §5855(f) |
Which California law applies
The Davis-Stirling Act covers common interest developments: community apartment projects, condominium projects, planned developments and stock cooperatives.
How California counts days
The time in which any act provided by law is to be done is computed by excluding the first day and including the last, unless the last day is a holiday, and then it is also excluded.
If the last day of a period is a holiday, the period runs to the next day that isn't one. For this rule a holiday includes every Saturday, along with the holidays in California law.
A document delivered by mail is delivered when it's deposited in the U.S. mail. One delivered electronically is delivered when it's sent.
Violation notices and the chance to fix in California
If the board imposes discipline or a repair charge, it must give the member written notice of the decision, by personal delivery or individual delivery under §4040, within 14 days following the action.
Individual delivery means the member's preferred delivery method given under §4041. If the member gave none, first-class, registered or certified mail, express mail, or overnight carrier to the address last shown on the association's books.
Fines in California
A fine may not be more than the lesser of the amount in the schedule (or supplement) in effect at the time of the violation, or $100 per violation. More is allowed only for a violation that may have an adverse health or safety impact on the common area or another member's property, and only after the board makes a written finding specifying that impact at a board meeting open to members. No late charge or interest may be charged on a fine.
A fine (any monetary penalty, including a fee) is allowed only if the board adopted a schedule of monetary penalties and distributed it to each member in the annual policy statement. A new or revised penalty can go out in a supplement delivered to members individually.
Meetings and votes in California
The member must have the opportunity to cure the violation before the meeting. The board may not impose discipline if the member cures it before the meeting, or, if a cure would take longer than the time between the notice and the meeting, the member provides a financial commitment to cure it.
When the board is to meet to consider or impose discipline on a member, or to charge a member for repairing common-area damage, it must notify the member in writing, by personal delivery or individual delivery under §4040, at least 10 days before the meeting.
Every board meeting needs notice of its time and place to the members at least 4 days before, or 2 days if it's held only in executive session, by general delivery, with the agenda. A longer period in your documents controls.
The notice must contain, at a minimum, the date, time and place of the meeting; the nature of the alleged violation (or of the common-area damage for a repair charge); and a statement that the member has a right to attend and may address the board. The board must meet in executive session if the member asks.
If the board and the member agree after the meeting, the board drafts a written resolution. Signed by the board and the member, it binds the association and can be enforced in court.
If the board and the member don't agree after the meeting, the member may request internal dispute resolution under Civil Code §5910.
Other rules boards should know
Discipline, or a charge for common-area damage, isn't effective against a member unless the board follows every requirement of §5855.
Step by step: a California violation case
The order Kindly Board walks a California board through, from the first look to the last letter.
- Check before you start Every case
Make sure the California rules fit and the rule is one you can enforce. - Courtesy reminder Optional
A friendly first note. Many issues end here. - Notice of violation and request to cure Optional
Not required by California law, but a fair, documented step. - Notice of disciplinary hearing Before any fine
Delivered at least 10 days before the board meeting. - Board hearing Every fine
The member may attend and address the board. A cure before the meeting means no discipline. - Notice of board decision After the hearing
Delivered within 14 days after the board acts. Fine capped at $100 in most cases. - Close the case Every case
Record how it ended and keep the file.
California HOA rules: FAQ
What HOA law applies in California?
California common interest developments governed by the Davis-Stirling Act (Civil Code §4000 and following): homeowners' associations in planned developments, condominium associations, stock cooperatives and community apartment projects. If your community is mainly commercial or industrial, a different California act may apply; ask a California attorney. The main sources: the Davis-Stirling Act (Civil Code §4000 and following).
How are days counted for California HOA deadlines?
California leaves out the first day and counts the last. Kindly Board counts calendar days and suggests acting the business day before a weekend. Check holidays yourself and leave a day or two of margin.
What are the key deadlines in a California HOA violation case?
Deliver the hearing notice by: the member gets written notice at least 10 days before the meeting, by personal delivery or individual delivery. Mailed notice counts as delivered when it goes in the mail. (Cal. Civ. Code §5855(a)) Post the board meeting notice and agenda by: notice of the meeting's time and place, with the agenda, to all members at least 4 days before (2 days if the meeting is held only in executive session). A longer period in your documents controls. (Cal. Civ. Code §4920(a)-(d)) Deliver the written decision by: within 14 days following the board's action, by personal delivery or individual delivery. Discipline isn't effective unless every step of §5855 is followed. (Cal. Civ. Code §5855(f))
What does California law say about HOA fines?
A fine may not be more than the lesser of the amount in the schedule (or supplement) in effect at the time of the violation, or $100 per violation. More is allowed only for a violation that may have an adverse health or safety impact on the common area or another member's property, and only after the board makes a written finding specifying that impact at a board meeting open to members. No late charge or interest may be charged on a fine. (Cal. Civ. Code §5850(c), (d), (e))
Official text
- California Civil Code §5855 (official text)
- California Civil Code §5850 (official text)
- California Civil Code §4040 (official text)
- California Civil Code §4050 (official text)
- California Civil Code §4920 (official text)
- California Civil Code §4100 (official text)
- California Civil Code §10 (official text)
- California Code of Civil Procedure §12a (official text)