HOA Dispute Escalates From Car Repair Warning to Threat of Lawsuit and Eviction
An argument over a family working on their car seemingly escalated into something much bigger when an HOA president threatened a $500 fine, a lawsuit, and immediate eviction.
The family rents an apartment in Orange County, California. u/M3atba11s shared the dilemma on Reddit’s r/legaladvice community, explaining that the dispute began when the poster’s father and brother were doing minor work on a car near their garage. A woman who identified herself as the HOA president told them that vehicle repairs were not allowed.
Time passed, and she encountered the pair again. Only this time—according to u/M3atba11s—an argument broke out after the HOA president confronted the father about working on the car. She started screaming and said, “Hey, I already told you to stop fixing cars.” It escalated to yelling from both sides, though the poster maintains that nothing became physical.
A few hours later, according to the family, their realtor called to say the HOA president had contacted their landlords and threatened to sue over “violence” and impose a $500 fine unless the family was evicted. The poster later acknowledged that repairing the car did violate an HOA rule, but said the family had not been given the community rules until after the dispute.
California Law Limits Most HOA Fines
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California law generally caps HOA fines at $100 per violation. Under California Civil Code Section 5850, an association must charge the lower of $100 or whatever amount its own penalty schedule sets for the violation.
Of course, there are exceptions: namely, when a violation may adversely affect health or safety. In cases such as those, a board can impose a penalty over $100. However, the same law requires a meeting that is open to association members, from which the board makes a written finding that identifies the health and safety impact.
U/M3atba11s said the community’s own rules list the second violation as a $100 fine.
Additionally, California law has outlined a process before an HOA board disciplines a member. Civil Code Section 5855 generally requires written notice at least 10 days before the meeting where discipline will be considered, including the nature of the alleged violation, along with notice of the member’s right to attend and address the board.
An Eviction Would Be a Separate Process
California law does allow an HOA to take legal action to enforce its governing documents against a property owner. Civil Code Section 5975 says an association may enforce those documents against an owner, including through a civil action.
Whether that automatically covers an HOA president outright telling a landlord to evict a tenant right away is another matter altogether.
For renters covered by California Civil Code Section 1946.2, landlords generally need a legally recognized reason to end the rental agreement once the tenant has lived there long enough to qualify for the law’s protections. One reason can indeed include a major lease violation; even so, however, the law generally requires the tenant to receive written notice and a chance to correct the problem first.
Accusations of “violence” introduce another separate variable that could impact the situation. The Orange County Superior Court says people can seek civil harassment restraining orders over harassment, stalking, sexual assault, or threats of violence. The family, however, contests that any violence or threat occurred at all and says the confrontation remained entirely verbal.
They have now asked their realtor to have the HOA review a security camera that the poster says points toward the area where the confrontation occurred. No formal fine, eviction notice, or lawsuit had been reported in the post as of its latest update.
