HOA Fines & Enforcement: Pittsburg vs Richmond

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.

Richmond HOAs may impose monetary fines for violations of CC&Rs only after adopting a written schedule of fines, providing advance written notice, and offering a hearing, as required by California Civil Code §5855. Fines must be reasonable, cannot be treated as assessments for lien purposes, and excessive or discriminatory fines are unenforceable.