Brentwood, CA HOA Rules: CC&R Enforcement (2026)
Key Facts
- CC&R approval
- Community development director + city attorney
- City enforcement right
- Rights of HOA, not the obligation
- Amendment restriction
- City-required terms need city approval to change
- Reserve fund
- Required before final map, § 17.740.060(M)
- Citation
- BMC § 17.740.040(E)
Summary
Before Brentwood approves a condominium conversion, it requires the CC&Rs to be reviewed and approved by the community development director and city attorney, and the city writes itself the right, though not the obligation, to step into the homeowners' association's shoes to enforce the manager's maintenance duties. Owners cannot change city-required CC&R conditions without city approval.
E. CC&Rs. A declaration of covenants, conditions and restrictions which would be recorded and would apply to each owner of a condominium unit within the project. ... The CC&Rs shall be subject to the review and approval of the community development director in consultation with the city attorney prior to recordation of the final parcel map, and shall include the following: (1) The manager shall be responsible for the maintenance of all common areas, such as landscaping, parking, and access roads, and (2) The city shall be granted the rights and remedies of the association, but not the obligation, to enforce the maintenance responsibilities of the manager. The city has the right to review and approve the CC&Rs to ensure that (a) the appropriate conditions of approval are included in them and (b) those provisions reflecting the city's conditions of approval may not be amended without city approval.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4604307; v5 updated 2025-12-09).
Full Breakdown
040(E) governs condominium conversion CC&Rs. Before a project can record its final parcel map, the recorded declaration of covenants, conditions and restrictions must be reviewed and approved by the community development director in consultation with the city attorney, and must designate a manager, who can be an individual owner, a third-party manager, or an owners' association, responsible for maintaining common areas such as landscaping, parking, and access roads, with each unit owner paying a pro rata share of the cost. The enforcement mechanism sits in the same subsection: the city is granted the rights and remedies of the homeowners' association, but not the obligation, to enforce the manager's maintenance responsibilities directly, meaning the city can step in and compel upkeep of common areas without waiting for the association to act, but is never required to.
The subsection also locks in the city's conditions of approval: the CC&Rs must include the two items the community development director approved, manager maintenance duties and the city's enforcement right, and any provision reflecting a city condition of approval may not be amended by the association or owners without city approval. 060(M), which requires the subdivider to fund a capital and maintenance reserve in the association's name before the final map is approved.
Violations & Fines
Amending a city-approved CC&R condition without city sign-off, or a manager's failure to maintain common areas, exposes the responsible party to the city's independent enforcement rights under § 17.740.040(E); because Chapter 17.740 sits in Title 17, the general zoning enforcement provisions apply, including the § 17.890.007 infraction penalty of up to $250 per day and permit revocation under § 17.890.006 after a planning commission hearing.
Frequently Asked Questions
Can Brentwood enforce an HOA's maintenance duties in a converted condo project?
Who approves the CC&Rs for a Brentwood condo conversion?
Can an HOA change city-required CC&R terms later?
Sources & Official References
Other rules in Brentwood
California rules heatmap·Compare Brentwood to another location·View the California hoa rules overview
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CC&R Enforcement in Nearby Cities
How other cities in Contra Costa County handle cc&r enforcement.