HOA Fines & Enforcement: Pittsburg vs Walnut Creek

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.

Walnut Creek HOAs may levy fines only after adopting a written fine schedule, providing individual notice, and giving the owner an opportunity to be heard before the board (Civil Code §5855). Fines must be reasonable, cannot become liens except for assessments, and are subject to IDR/ADR and small claims review.