Unlawful HOA Fines: My $2,750 Wake-Up Call

On July 3rd 2025, the HOA has hit me with thousands in fines for so-called “violations”—some so petty they’d be laughable if they weren’t financially devastating. These fines included threats of late fees, interest, and liens.

And I’m not the only one dealing with this.

Residents here have also been fined for “security violations,” including a $500 fine against one homeowner after someone was assaulted when a homeless individual followed them into the building. Yet I’ve repeatedly recorded the HOA’s own cleaning staff propping doors open (see video below)—a much more serious and preventable breach—which I’ve reported multiple times without resolution. The selective enforcement is impossible to ignore.

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I’ve gathered documentation and interviewed other homeowners, including video evidence, and I’m sharing my experience so other homeowners know: you have rights, and as of July 2025, California law is firmly on your side.


💸 Five Tiny “Violations,” $2,750 in Fines: How My HOA Crossed the Line

Here’s what I was fined for:

  • Painter’s tape as “vandalism” I used painter’s tape to hang a temporary sign—no damage, no residue. Still, they fined me.

  • Told to post on a bulletin board that no longer exists After the HOA removed the bulletin board, they fined me for not using it.

  • Contradictory or fabricated claims In multiple instances, I have video evidence disproving their claims.

  • Other trivial actions The total fines added up to $2,750—an average of $550 per “violation.”


⚖️ New California Law: $100 Max Fine—And It’s Enforceable

As of June 30, 2025, Assembly Bill 130 (AB 130) is law. Here’s what every HOA resident should know:

  • 🛑 $100 Fine Limit Per Violation HOAs cannot fine more than $100 per violation, unless it creates a health or safety risk, and even then, they must make a specific written finding in an open meeting.[1][2][3][4][5][6][8]

  • 🚫 No Late Fees or Interest on Fines HOAs cannot tack on late fees or interest to increase the amount owed.[2][5][8]

  • ❌ No Liens or Foreclosures for Fines Fines are not assessments. HOAs cannot record a lien or foreclose based on unpaid fines.

  • ✅ Cure It Before the Hearing? No Fine Allowed If the alleged violation is curable and you resolve it before the disciplinary hearing, no penalty can be imposed.[2]


🧠 What’s Really Going On: The Motive Behind These Excessive Fines

So why would an HOA issue $2,750 in fines for minor or baseless “violations”? While only our board can speak to their intent, these scenarios are common in many HOAs across California and I believe apply:

  • They can’t justify real costs For things like painter’s tape or imaginary rule violations, the board can’t legitimately assess a repair charge. So instead of an assessment, they fine you—because they think they can.

  • They want you to be scared These fines are meant to pressure you into compliance or payment, even though they now exceed what’s legally allowed.

  • Anecdotally, they seem to target vulnerable homeowners I’ve seen them go after small business owners, people with language barriers, and those already under financial stress—those least likely to fight back. They are counting on you confusing “fines” with “fees”.


📌 Know the Law—Don’t Fall for HOA Intimidation

Here’s exactly what to do if your HOA sends you an illegal fine:

  • Demand documentation Request written details of the alleged violation, supporting evidence, and the current fine schedule.

  • Cite the law directly Reference Civil Code §§ 5850–5855, as amended by AB 130. Remind them fines over $100 are illegal unless tied to a documented health or safety issue discussed in an open board meeting.

  • Reject any threats They cannot add late fees, interest, or threaten liens or foreclosure for unpaid fines. These tactics are unlawful.

  • Keep records Save all communication, letters, emails, and take photos or video evidence. These could be critical if you need to defend yourself or take legal action.

  • Request the ADR The governing document and the law outline a process for appealing, and disputing. Before paying any fines, consider they may be unenforceable in court and paying it may invite more fines!


📣 Why I’m Speaking Out

This isn’t just about me. It’s about standing up for the many homeowners I’ve seen cornered and intimidated by boards that rely on fear, confusion, or silence to get away with it. Especially now, under AB 130, there’s no excuse for excessive, unlawful fines.

It’s troubling that our HOA has spent thousands of dollars on legal fees, with the board’s attorney signing off on these excessive fines. Across California, many homeowners have noticed a pattern where some HOA attorneys appear to approve nearly any enforcement action the board requests, rather than ensuring the association follows the law. This “rubber stamp” approach not only wastes community resources but also exposes the HOA to legal risk and undermines trust in our leadership. Shouldn’t legal counsel be guiding the board to comply with the new $100 fine cap and protect homeowners’ rights?

I’m fighting any charges I see as illegal, you should too.


🧾 References

  • Civil Code § 5850(c)(2): $100 fine cap per violation [2][3][4][5][6][8]

  • Civil Code § 5850(d): Exception for health/safety violations with written findings [2][3][4][5][6]

  • Civil Code § 5850(e): No late fees or interest on fines [2][5][8]


🔗 Sources

[1] HOA Fine Limitations – CACM

[2] AB 130: Fines Capped at $100 – Epsten Law

[3] Keeping Fines in Check – Tinnelly Law

[4] Governor Signs AB 130 – CAI-CLAC

[5] Reddit Discussion – AB 130

[6] Tinnelly Law Blog

[7] Are HOA Fines Enforceable? – EMS Property Mgmt

[8] Avant ONE Real Estate – AB 130 Blog