Alameda County HOAs enforce CC&Rs under Civil Code 5850-5865. Before imposing fines, associations must provide written notice, an opportunity to be heard, and a published schedule of monetary penalties.
CC&R enforcement in Alameda County HOAs requires due process under Davis-Stirling. Before levying any monetary penalty or disciplinary action, Civil Code 5855 requires at least 10 days written notice of a hearing where the owner may respond. The board must decide in executive session and notify the owner in writing within 15 days. Fines are limited to amounts in the association's published fine schedule, distributed annually under Civil Code 5310. Selective enforcement against only some owners is a defense. HOAs cannot fine for actions protected by state law including solar installations (Civil Code 714), EV chargers (Civil Code 4745), low-water landscaping (Civil Code 4735), flags (Civil Code 4710), and religious displays (Civil Code 4706). Accumulated fines become assessments but cannot trigger foreclosure alone under Civil Code 5725.
Contact your local code enforcement office for specific penalty information.
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