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California HOA Disciplinary Hearing Notice

Fill in the highlighted fields to create a California HOA notice that tells a member the board will meet to consider discipline or a monetary charge, with the contents Civil Code section 5855 requires and at least 10 days between delivery and the meeting. Click any field to type your details, then copy the letter or download it as a Word file. There is no sign-up and no charge.

[Date]

[Member Name]
[Property Address]

Delivered by [Delivery Method, either "personal delivery" or "individual delivery under Civil Code section 4040"]

Re: Notice of board meeting to consider discipline

Dear [Member Name],

The board of [Name of Association] will meet on [Meeting Date] at [Meeting Time] at [Meeting Location] to consider [Proposed Action, for example "imposing discipline on you" or "imposing a monetary charge to reimburse the association for the cost of repairing damage to the common area"].

The nature of the alleged violation or damage is: [Nature of Alleged Violation or Damage].

You have the right to attend the meeting and to address the board. The board will meet in executive session if you request it.

You may cure the violation before the meeting, in which case the board will not impose discipline. If curing the violation would take longer than the time between this notice and the meeting, you may provide a financial commitment to cure it.

Sincerely,

[Sender Name]
[Sender Title]
[Name of Association]

What this letter does

A California HOA disciplinary hearing notice tells a member that the board will meet to consider discipline, or a charge for damage to the common area, and gives the member the opportunity to be heard. Civil Code section 5855 makes the notice a condition of any discipline being effective.

Key rules in Civil Code section 5855

  • 10 days' written notice. When the board is to meet to consider or impose discipline on a member, or to impose a monetary charge to reimburse the association for the cost of repairing damage to the common area and facilities caused by a member or the member's guest or tenant, it must notify the member in writing, by personal delivery or individual delivery under Section 4040, at least 10 days before the meeting.
  • Contents. The date, time and place of the meeting, the nature of the alleged violation or damage, and a statement that the member has a right to attend and may address the board. The board must meet in executive session if the member asks.
  • Right to cure. The member has the opportunity to cure the violation before the meeting. The board may not impose discipline if the member cures before the meeting, or, when curing would take longer than the time between the notice and the meeting, if the member provides a financial commitment to cure.
  • Internal dispute resolution. If the board and member do not agree after the meeting, the member has the opportunity to request internal dispute resolution under Section 5910.
  • Written resolution. If they do agree, the board must draft a written resolution signed by both, which binds the association and is judicially enforceable.
  • Decision notice in 14 days. If the board imposes discipline or a monetary charge, it must give the member written notice of the decision, by personal or individual delivery, within 14 days after the action.
  • Effectiveness. A disciplinary action or monetary charge for damage to the common area is not effective against a member unless the board fulfills these requirements.

How to use the letter

  1. Count at least 10 days from delivery to the meeting date.
  2. Describe the violation or damage specifically.
  3. Say the member may attend, speak and request executive session.
  4. After the meeting, send the decision notice within 14 days.

Statutes change, so confirm the current text of section 5855. See also the HOA violation letter, the HOA hearing letter and the fine letter.

Common questions

How much notice must a California HOA give before a disciplinary hearing?

At least 10 days in writing, delivered personally or by individual delivery under Section 4040.

Can discipline be imposed if the member fixes the problem first?

No. The board may not impose discipline if the member cures the violation before the meeting, or provides a financial commitment to cure when curing takes longer.

This page gives general information and sample wording. It is not legal advice, and requirements differ by state and by association.