California HOA fine rules

"When the board is to meet to consider or impose discipline upon a member, or to impose a monetary charge as a means of reimbursing the association for costs incurred by the association in the repair of damage to the common area and facilities caused by a member or the member's guest or tenant, the board shall notify the member in writing, by either personal delivery or individual delivery pursuant to Section 4040, at least 10 days prior to the meeting" (Cal. Civ. Code § 5855(a)). The notification "shall contain, at a minimum, the date, time, and place of the meeting, the nature of the alleged violation for which a member may be disciplined ... and a statement that the member has a right to attend and may address the board at the meeting" (§ 5855(b)).

"A member shall have the opportunity to cure the violation prior to the meeting. The board shall not impose discipline in either of the following circumstances: (1) The member cures the violation prior to the meeting. (2) If curing the violation would take longer than the time between the notice provided pursuant to subdivision (a) and the meeting, the member provides financial commitment to cure the violation." (Cal. Civ. Code § 5855(c)). No fixed number of cure days is set by statute; the period runs from the notice to the meeting, which must be at least 10 days apart under § 5855(a).

Cal. Civ. Code § 5855(a)-(b) — the board must give written notice at least 10 days prior to the meeting at which discipline is considered, and the member "has a right to attend and may address the board at the meeting"; "The board shall meet in executive session if requested by the member." No separate hearing-request window is set — the board meeting is the hearing and the association must notice it. § 5855(f) — the board must provide "a written notification of the decision, by either personal delivery or individual delivery pursuant to Section 4040, within 14 days following the action." § 5855(g) — a disciplinary action or monetary charge is ineffective unless the board fulfills the requirements of the section. § 5855(d) — a member who still disagrees after the meeting may invoke internal dispute resolution under § 5910.

"A monetary penalty for a violation of the governing documents shall not exceed the lesser of the following: (1) The monetary penalty stated in the schedule of monetary penalties or supplement that is in effect at the time of the violation. (2) One hundred dollars ($100) per violation." (Cal. Civ. Code § 5850(c)). The board may exceed $100 only "if the violation may result in an adverse health or safety impact on the common area or another association member's property," and only after it "shall make a written finding specifying the adverse health or safety impact in a board meeting open to the members" (§ 5850(d)). "A late charge or interest shall not be charged to a member for a monetary penalty" (§ 5850(e)). The association must distribute a schedule of the monetary penalties that may be assessed in its annual policy statement (§ 5850(a)) and must supply a copy of the most recent schedule on request (§ 5850(f)).

Association records must be made available for inspection and copying by a member or the member's designated representative at the association's business office within the common interest development or at another agreed location (Cal. Civ. Code § 5205). Records for the current fiscal year must be made available "within 10 business days following the association's receipt of the request," and records for the prior two fiscal years "within 30 calendar days following the association's receipt of the request" (§ 5210(b)).