It is easy to avoid the frustration of having to postpone and re-notice or re-do a hearing because the hearing notice or post-hearing notice did not comply with California law (Civil Code §§ 5850, 5855; Corporations Code § 7341) by ensuring your notices comply with the following requirements and best practices.

Hearing Notices

At a minimum, hearing notices should include the following: 

• The date(s), approximate time(s) and location(s) of the alleged governing document violation(s)
• A description of the alleged violation(s), including the applicable CC&Rs and/or Rules provisions 
• The date, time, and location of the hearing
• If the hearing will be conducted virtually, the meeting link, ID and passcode, as well as the name, telephone number and email address of the representative the owner can contact if the owner has technical difficulty accessing the hearing
• A statement that the owner may attend the hearing and address the board 
• A statement that the owner may submit a written statement in addition to or in lieu of attending the hearing, and instructions for submitting a statement
• The maximum penalties (e.g. fine(s), reimbursement assessment) that may be assessed and any other disciplinary action that may be imposed at the hearing (e.g. a suspension of the owner’s right to use the common area recreational facilities)
• If the hearing is not scheduled for an executive session board meeting, a statement that the owner can request the hearing be conducted in executive session

Additionally, if the governing documents grant owners the right to have attorney representation at hearings, the notice should include the deadline for notifying the association if the owner will bring legal counsel to the hearing so arrangements can be made for the association’s legal counsel to attend the hearing as well.

Unless the governing documents provide more stringent notice requirements, the hearing notice must be personally delivered, or mailed or emailed to the owner based on the owner’s preferred delivery method(s), at least ten (10) days prior to the hearing date.

Post-Hearing Notices

At a minimum, post-hearing notices should include the following:

• A statement that the board determined the hearing was properly noticed in accordance with California law and the association’s governing documents
• A statement as to whether the board determined the violation(s) set forth in the hearing notice occurred or are occurring and, if so, a statement as to any fines, assessments and/or other discipline being imposed
• If fines and/or assessments are being imposed, the date these fines and/or assessments are due
• If a membership suspension is imposed, the term of the suspension, the date the suspension goes into effect and a description of the rights and privileges that are being suspended
• If the violation is uncured, the date by which the violation must be cured to prevent further enforcement action

Unless the governing documents provide more stringent notice requirements, the post-hearing notice must be personally delivered, or mailed or emailed to the owner based on the owner’s preferred delivery method(s), within fourteen (14) days of the hearing.  Otherwise, any fines and/or assessments imposed at the hearing will be invalid.

PRACTICE TIP:  If the association is a corporation, the earliest a membership suspension can take effect is five (5) days after the date the post-hearing notice is sent to the owner in accordance with Corporations Code section 7341.

PRACTICE TIP:  If the owner cures the violation prior to the hearing or if the violation cannot be cured between when the hearing notice is given and the hearing, and the owner provides a financial commitment to cure the violation, no disciplinary action can be taken against the owner in accordance with Civil Code section 5855.  It is important to speak with the association’s legal counsel on ways the board can address violations such as noise nuisances, off-leash dogs, illegal parking, etc. in light of the July 1, 2025, amendments to Civil Code section 5855.

PRACTICE TIP:  A board adopted fine schedule must be in place before the board can impose fines for governing document violations.  This fine schedule must be included in the annual policy statement mailing in accordance with Civil Code section 5850.