CC&R Violations: What Homeowners Need to Know

Almost every homeowners association has a recorded declaration of covenants, conditions and restrictions, and most owners only read it after a violation letter arrives. CC&R violations range from a trash can left out to an unapproved patio cover, and the consequences range from a warning to a lawsuit. Nevada and California both set firm rules on how associations enforce them. This guide explains those rules, the defenses owners can use, and where a dispute goes if the board will not back down.

What are CC&R violations?

The CC&Rs are recorded against every home in the community and bind each owner who buys there. The board can also adopt rules on topics such as parking, pools and trash. Most CC&R violations cited in letters are really rule violations, so it matters which document the notice relies on.

In California, the CC&Rs are enforceable unless unreasonable (Civil Code §5975). Courts presume recorded restrictions are reasonable, so challenging one is hard (Nahrstedt v. Lakeside Village Condominium Assn. (1994) 8 Cal.4th 361).

Board rules get less deference. A rule must be in writing, within the board’s authority, consistent with the law and the CC&Rs, adopted in good faith, and reasonable (Civil Code §4350).

In Nevada, NRS Chapter 116 governs the association’s powers. A unit owner can sue the association or another owner for failing to comply with the governing documents, and the association can sue an owner (NRS 116.4117). Nevada also requires rules to be reasonably related to their purpose and enforced uniformly (NRS 116.31065).

What are the most common CC&R violations?

Exterior changes: paint colors, fences, patio covers, solar and gates usually need architectural approval first. Work done without approval is one of the most frequent violations. Our guide to HOA architectural review explains how to apply, including for work already built.

Landscaping and maintenance: dead lawns, weeds and overgrown trees draw many notices. California protects water-wise yards, so see our guide to drought tolerant landscaping before you replace your lawn.

Parking and vehicles: commercial vehicles, RVs, boats and cars parked on the street are common targets. Nevada bars fines for vehicle violations by someone delivering goods to, or performing services for, the owner or tenant (NRS 116.31031).

Rentals: leasing rules vary by state and by community. See our guides to California HOA short-term rental restrictions and Nevada HOA short-term rentals.

How do HOAs enforce the CC&Rs?

In Nevada, if the governing documents allow it, the board may suspend voting rights or use of the common elements for a reasonable time. It may not cut off access to and from your unit, including parking. It may also impose a fine or send a written notice to cure without a fine (NRS 116.31031).

In California, discipline usually means a fine under the published schedule or a suspension of privileges the governing documents allow, such as pool use. The board can also charge you for repairing common area damage caused by you, your guest or your tenant. Each follows the hearing process in Civil Code §5855.

In both states, the association can also go to court to force compliance. That is usually a last resort, because court costs are high and fee awards can go either way.

What must the HOA do before fining you?

In Nevada, you must have received written notice of the rule at least 30 days before the alleged violation. The violation notice must describe the violation, the proposed cure, the fine and the hearing date, time and place, with a photo where applicable. You must have a reasonable opportunity to cure or to contest the violation at the hearing (NRS 116.31031).

In California, the board must give at least 10 days’ written notice of the meeting, the nature of the violation, and your right to attend and speak (Civil Code §5855). You may ask for the meeting to be held in executive session. If you cure before the meeting, or make a financial commitment to cure when the fix will take longer, the board may not impose discipline.

California boards must send a written decision within 14 days, and discipline is not effective unless the process is followed. Nevada boards must hold the hearing unless you pay the fine first, waive the hearing in writing, or fail to appear. Our guide on how to respond to an HOA violation notice covers each step.

How much can an HOA fine you?

Nevada fines must be commensurate with the severity of the violation. Unless the violation poses an imminent threat to health, safety or welfare, a fine may not exceed $100 per violation or $1,000 per hearing. Past-due fines may not bear interest (NRS 116.31031).

Nevada also treats an uncured violation as continuing once 14 days pass after the fine, or a longer period the board sets. The board may then add a fine for each seven-day period without another hearing. Each added fine cannot exceed the original fine, and the $100 and $1,000 caps do not apply. See our guide to HOA fines in Nevada.

In California, a fine may not exceed the lesser of the published schedule or $100 per violation (Civil Code §5850). A higher fine requires a written finding at an open meeting that the violation has an adverse health or safety impact. Late fees and interest on fines are not allowed. See our guide to the California HOA fine limit.

What defenses work against CC&R violations?

The rule does not apply: read the cited section yourself. Many notices stretch a rule to cover a situation it does not mention.

The notice or process is defective: missing content, short notice or no hearing can void the penalty. In California, discipline is not effective unless the board follows §5855.

There is no proof: the association must be able to show the violation happened. Ask for the photos, complaints and inspection notes behind the notice. See our guide on whether an HOA can fine you without proof.

Enforcement is selective: associations must enforce restrictions in good faith and apply them uniformly. If neighbors with the same condition were never cited, document it with dated photos. Our guide on how to prove selective enforcement explains the evidence you need.

You had approval: a written architectural approval, or approval from a prior board, can defeat a later violation. Keep copies of every approval letter.

State law protects you: some restrictions are void no matter what the CC&Rs say. California limits solar restrictions and long-term rental bans, and voids covenants that prohibit or unreasonably limit accessory dwelling units (Civil Code §4751). See our guides to California HOA solar rights and California HOA ADU restrictions.

The notice is retaliation: Nevada prohibits retaliation against owners who complain in good faith or request records in good faith (NRS 116.31183). If CC&R violations were cited right after you challenged the board, see our guide to HOA harassment by board members.

Can CC&R violations lead to a lien or foreclosure?

California bars treating a disciplinary fine as an assessment that becomes a lien enforceable by sale (Civil Code §5725). Charges for repairing common area damage can follow different rules.

Nevada bars foreclosure based on fines unless the violation poses an imminent threat to health, safety or welfare or the penalty relates to a construction schedule (NRS 116.31162). That does not make fines harmless. Unpaid balances can be pursued in court and will surface when you sell or refinance.

Unpaid assessments are different. They can lead to a lien and foreclosure in both states, so never withhold assessments to protest a fine. In California, foreclosure is barred below $1,800 unless the debt is over 12 months old (Civil Code §5720).

How are HOA violation disputes resolved?

In California, you can request internal dispute resolution in writing, and the association must take part at no cost (Civil Code §5910). Some enforcement lawsuits require an attempt at mediation or another form of ADR first (Civil Code §5930). Small claims court handles claims by individuals up to $12,500.

In Nevada, most civil actions over the governing documents must first go to mediation under NRS 38.310. Arbitration is available only if both sides agree.

You can also file an affidavit with the Real Estate Division within one year of discovering the violation. First send written notice by certified mail describing the violation and the cure you want (NRS 116.760). Our guide to the Nevada HOA Ombudsman explains how.

Court fees cut both ways. In California, the prevailing party in an action to enforce the governing documents is awarded attorney’s fees (Civil Code §5975). In Nevada, the court may award fees to the prevailing party (NRS 116.4117).

When should you call an HOA lawyer?

Most CC&R violations end with a quick fix or a short letter. Get advice when Nevada fines are stacking weekly, when the association demands removal of costly work, or when you believe the notice is retaliation. A short review before the hearing usually costs far less than defending a lawsuit later.

Our CC&R violation defense team represents owners in both states. For an overview of each state’s law, see our Nevada NRS 116 guide and Davis-Stirling Act guide.

Frequently asked questions

Conclusion

CC&R violations are common, and most can be resolved quickly if you respond early and in writing. Nevada and California both require notice and a hearing before a fine, cap ordinary fines at $100 per violation, and bar foreclosure over ordinary fines.

When a notice is wrong, use the defenses above and keep a clean record. The guides in this series cover each step in detail, from the first notice to a contested fine.