Antioch, CA HOA Rules: HOA Fines & Enforcement (2026)

California's Davis-Stirling Act imposes specific procedural requirements on HOA fines and disciplinary actions. Under Civil Code Section 5850, an HOA cannot impose a monetary penalty on a member unless the Board has adopted and distributed a schedule of fines, and the schedule must be provided to members at least annually in the annual policy statement. Civil Code Section 5855 requires that before any fine is imposed, the member must receive at least 10 days' written notice of the violation and an opportunity for a hearing before the Board.

The notice must state the nature of the alleged violation, the proposed discipline, the date/time/place of the hearing, and the member's right to attend and address the Board. The hearing must be held in executive session if the member requests, and the Board must provide written notice of the decision within 15 days of the hearing. Critically, Civil Code Section 5725 prohibits monetary penalties (fines) from being treated as an assessment and from being enforced via a lien on the property, except for fines related to the cost of repairing damage to common areas.

Excessive fines that bear no reasonable relationship to the violation may be challenged as unreasonable under Davis-Stirling case law. Selective enforcement, fining one homeowner but not others for the same violation, is also a defense. Homeowners can appeal fines through IDR/ADR and, ultimately, in Small Claims Court. Many Antioch HOAs have fine schedules ranging from $25 for a first offense to $100 or more for repeated violations, with escalating amounts for continuing violations.