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

HOA disciplinary authority comes from the CC&Rs and Operating Rules adopted under the Davis-Stirling Act. Before imposing any fine, suspension of privileges, or other discipline, Civil Code 5855 requires the board to: (1) provide the owner written notice at least 10 days before the hearing describing the violation and the date, time, and place of the hearing; (2) hold the hearing in executive session unless the owner requests otherwise; (3) give the owner an opportunity to address the board; and (4) notify the owner of the decision in writing within 15 days. Civil Code 5850 requires associations to adopt and distribute to members a schedule of monetary penalties. Fine amounts must be reasonable and proportional to the violation; courts have struck down excessive fines that function as penalties rather than reasonable enforcement. Continuing violations can result in daily or weekly fines after the initial hearing, but many CC&Rs require a second notice for escalating amounts. Important limitation: under Civil Code 5725, monetary penalties imposed as disciplinary action cannot be characterized as an assessment that may be collected by foreclosure. HOAs can only foreclose to collect delinquent regular or special assessments totaling at least 1,800 dollars (exclusive of late fees, interest, collection costs) or assessments more than 12 months delinquent (Civil Code 5720). Charges for actual physical damage to common area caused by an owner can be billed to the owner as a separate reimbursement assessment, which is treated differently. Owners who believe fines are excessive, procedurally defective, or preempted can demand IDR (Civil Code 5900), request ADR (Civil Code 5925), and sue in small claims or superior court. The prevailing party may recover attorney's fees under Civil Code 5975.