HOA Fines & Enforcement: Concord vs Pittsburg

HOAs in Concord may impose monetary penalties on members under Civil Code 5850 only after adopting a written schedule of fines, providing 10 days' written notice of the alleged violation and a right to a hearing before the board. Fines must be reasonable, procedurally proper, and cannot be used to collect regular assessments. Unpaid fines generally cannot be lien-foreclosed unless they exceed $1,800 or are more than 12 months delinquent.

California Civil Code sections 5850 and 5855 require every Pittsburg HOA to adopt a written schedule of monetary penalties and to give the homeowner notice and an opportunity for a hearing before imposing a fine. Fines must be reasonable, must follow the adopted schedule, and cannot become a lien against the home unless the underlying assessment is delinquent. Retroactive or arbitrary fines are unenforceable.