An HOA’s authority and duty to enforce violations of its governing documents is limited by Civil Code sections 4735 and 5875 where there are declared states of emergency, as described below.
Watering During Drought Emergencies
Civil Code section 4735 prohibits HOAs from imposing a fine or assessment against an owner for eliminating the watering of vegetation or lawns during any period where there is a declared state or declared local emergency due to drought. (Civ. Code § 4735(c); See also “Watering During Droughts.”)
Enforcement During Any Emergency
Civil Code section 5875 prohibits an HOA from pursuing any enforcement actions for violations of its governing documents during a declared state or local emergency if “the nature of the emergency giving rise to the declaration makes it unsafe or impossible” for the violating homeowner to “either prevent or fix the violation.” (Civ. Code § 5875.)
*Exception: Assessment Collection Actions – the foregoing prohibition on enforcement actions during declared states of emergencies does not apply to enforcement actions relating to the member’s nonpayment of assessments. (Civ. Code § 5875.)
