AB-130: The New California Law that States That a Homeowner Association Fee Violation Cannot be More than $100?

By Dan Harkey

Abusive HOA practices: Some homeowner associations harass their property owners with continuous fee assessments for every little thing. The propensity is irritating and makes property owners feel like another big brother is watching and harassing them. The practice is abusive and creates a bureaucratic infrastructure that supports itself on the backs of homeowners.

Summary

Abusive HOA practices: Some homeowner associations harass their property owners with continuous fee assessments for every little thing. The propensity is irritating and makes property owners feel like another big brother is watching and harassing them. The practice is abusive and creates a bureaucratic infrastructure that supports itself on the backs of homeowners.

It may now be a better strategy to merely pay a $100 fine to keep them off your back.  And smile all the way to the refrigerator for a cold beer or glass of wine.

The new California Law, which caps most homeowner association (HOA) fines at $100, is Assembly Bill 130 (AB 130), effective 1 July 2025.

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Language of the new Law:

SEC. 3.

Section 5850 of the Civil Code is amended to read:

5850.

 (a) If an association adopts or has adopted a policy imposing any monetary penalty, including any fee, on any association Member for a violation of the governing documents, including any monetary penalty relating to the activities of a guest or tenant of the Member, the board shall adopt and distribute to each Member, in the annual policy statement prepared pursuant to Section 5310, a schedule of the monetary penalties that may be assessed for those violations, which shall be in accordance with authorization for Member discipline contained in the governing documents.  Monetary penalties shall be reasonable.

(b) Any new or revised monetary penalty that is adopted after complying with subdivision (a) may be included in a supplement that is delivered to the members individually, pursuant to Section 4040.

(c) 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 financial penalties or supplement that is in effect at the time of the violation.

(2) One hundred dollars ($100) per violation.

(d) (1) Notwithstanding subdivision (c), the board may impose a penalty stated in the schedule of monetary penalties or supplement that is in effect at the time of the violation that is greater than one hundred dollars ($100) per violation, if the violation may result in an adverse health or safety Impact on the common area or another association Member’s property.

(2) Before imposing a penalty on a violation pursuant to this subdivision, the board shall make a written finding specifying the adverse health or safety Impact in a board meeting open to the members.

(e) A late charge or interest shall not be charged to a Member for a monetary penalty.

(f) An association shall provide a copy of the most recently distributed schedule of monetary penalties, along with any applicable supplements to that schedule, to any Member upon request.

SEC. 4.

Section 5855 of the Civil Code is amended to read:

5855.

 (a) 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 before the meeting.

(b) 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 or the nature of the damage to the common area and facilities for which a monetary charge may be imposed, and a statement that the Member has a right to attend and may address the board at the meeting.  The board shall meet in executive session upon the request of a Member.

(c) A Member shall have the opportunity to cure the violation before the meeting.  The board shall not impose discipline in either of the following circumstances:

(1) The Member cures the violation before 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 a financial commitment to remedy the violation.

(d) If the board and the Member are not in agreement after the meeting, a Member shall have the opportunity to request internal dispute resolution pursuant to Section 5910.

(e) If the board and the Member are in agreement after the meeting, the board shall draft a written resolution.  The written resolution, signed by the board and the Member of the dispute pursuant to procedures not in conflict with the Law or governing documents, binds the association and is judicially enforceable.

(f) If the board imposes discipline on a Member or imposes a monetary charge on the Member for damage to the common area and facilities, the board shall provide the Member with a written notification of the decision, by either personal delivery or individual delivery pursuant to Section 4040, within 14 days following the action.

(g) A disciplinary action or the imposition of a monetary charge for damage to the common area shall not be effective against a Member unless the board fulfills the requirements of this section.

Key provisions of AB-130:

$100 fine cap: For most violations of the HOA’s rules, the association cannot fine a homeowner more than $100 per violation.  This is a significant reduction from previous practices, where daily fines could quickly escalate into thousands of dollars.

• No interest or late fees: The Law explicitly prohibits HOAs from charging late fees or interest in monetary penalties, which in the past could cause a financial hardship for residents.
• Health and safety exception: HOAs can still issue fines above the $100 cap if the violation poses an adverse public health or safety risk.  However, the board must first make a written finding detailing the specific health or safety Impact at a public meeting.
• Right to cure: Before a fine can be imposed, the homeowner must be given the opportunity to correct the violation.  If the issue is fixed within the specified timeframe, the HOA cannot impose a penalty.  The Law also requires homeowners to receive at least 10 days’ advance notice before a disciplinary hearing.
• Written decision: After a disciplinary hearing, the HOA board must issue a written decision to the homeowner within 14 days. 

Context of the Law:

AB 130 was enacted to address and curb what lawmakers and housing advocates described as excessive and punitive HOA fines that contribute to the state’s housing affordability crisis.  The goal was to rebalance power between homeowners and HOA boards, focusing on compliance with regulations rather than using hefty fines as a form of revenue or harassment. 

What violations allow fines over $100?

Under California’s Assembly Bill 130 (AB 130), an HOA can fine a homeowner more than the $100 cap only if the violation creates an “adverse health or safety Impact.”

The board must first issue a written finding detailing the specific risk at an open meeting before imposing a higher fine.  While the Law does not provide an exhaustive list of qualifying violations, legal experts and related HOA sources have provided examples.  These are generally conditions that expose residents to a risk of harm or negatively Impact the well-being and safety of the community.

Examples of health and safety violations:

Safety hazards: Violations that create unsafe conditions in common areas, such as:

• Use glass containers in areas near pools or other hazardous locations.
  • Parking illegally in a fire lane or in a way that blocks visibility for drivers.
  • Setting off fireworks.
  • Not properly securing aggressive or dangerous pets.
  
  
  • Hazardous construction or maintenance on a property.
• Public nuisance and property damage: Actions that cause damage or threaten the structural integrity of a property:
  • Severe hoarding that leads to insect or rodent infestations.
  • Improperly disposing of hazardous materials.
  
  
  • Performing unpermitted or dangerous work, such as with plumbing or electrical lines.
• Air quality issues: Some HOAs may classify secondhand smoke as a health risk, potentially allowing for higher fines.  This is especially the case for secondhand marijuana smoke that infiltrates another unit.
• Excessive noise: While a single loud party may only warrant a $100 fine, a violation that significantly disrupts sleep and well-being, particularly in high-density buildings, may be deemed a health issue.
• Short-term rentals: Some HOAs may impose higher fines on unapproved short-term rentals, mainly if they are found to disrupt community security. 

What is required for higher fines:

 To enforce a fine higher than $100 for a health or safety violation, the HOA board must follow strict procedures: 

 ·       Hold an open meeting for homeowners.

·       Make a written finding that the violation poses a specific, adverse health or safety risk.

·       Include a copy of this finding in the disciplinary hearing notice sent to the homeowner. 

What other enforcement options can HOAs use besides fines?

In addition to fines, California HOAs can employ several other enforcement options, including suspending a homeowner’s privileges, pursuing legal action to enforce compliance, and engaging in alternative dispute resolution (ADR).  These options are typically outlined in the association’s governing documents, such as the Covenants, Conditions, and Restrictions (CC&Rs).

Suspension of privileges:

An HOA may have the power to suspend a homeowner’s rights to use specific standard amenities for violations, provided that due process requirements are met and permitted by the governing documents.

Examples of suspendable privileges:

• Use of standard facilities like pools, gyms, or clubhouses.
  • Access to community meeting facilities for non-association functions.
  
  
  • Special services, such as valet or guest parking.
• Limitations: Under California Law, an HOA cannot suspend an owner’s right to:
  • Attend board meetings (except for executive sessions).
  • Vote in elections (as of 1 January 2020).
  
  
  • Access basic utilities like water, electricity, or gas. 

Alternative Dispute Resolution (ADR):

For many disputes, California Law requires an HOA to engage in ADR before filing a lawsuit.  If a Member requests it, the HOA must participate in a “meet and confer” to resolve the issue.

 Mandatory ADR: Civil Code §5930 requires ADR for most enforcement actions in the superior court.

• IDR (“meet and confer “): An internal dispute resolution process where the Member and HOA board meet in good faith to resolve the issue.  If the owner requests IDR, the association must participate.
• Mediation: If IDR fails, the parties can agree to mediation with a neutral third party. 

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Legal action:

For severe or persistent violations, an HOA can seek legal remedies to force compliance.

Injunctive relief: The HOA can file a civil action in court to obtain an injunction, a court order that requires the homeowner to correct a violation.

• Litigation for compliance: The association can file a lawsuit to enforce its governing documents legally.  If the HOA prevails, the court may order the homeowner to comply and pay the association’s legal fees and costs.
• Foreclosure: While fines cannot be used for nonjudicial foreclosure, if a homeowner fails to pay assessments, the HOA can place a lien on the property and pursue a judicial foreclosure. 

Self-help remedies:

In some cases, the HOA’s governing documents may grant the board the authority to take direct action to correct a violation on the owner’s property.

For an unapproved modification that violates architectural rules, the board might be able to enter the property and remedy the violation itself.

• Caution: This option is high-risk and carries significant legal exposure; therefore, it is rarely used and should only be considered after consulting with legal counsel. 

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Dan Harkey
Educator & Private Money Real Estate Lending Consultant
dan@danharkey.com 949 533 8315
www.danharkey.com