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

California Civil Code 5850 authorizes a homeowners association to impose monetary penalties for violations of the governing documents only if the board has adopted and distributed to all members a written schedule of fines. Before levying a fine, Civil Code 5855 requires the board to give the accused member at least 10 days' advance written notice of the date, time, and place of a hearing at which the member may be heard; the board must deliberate in executive session and provide written notice of the decision within 15 days.

Fines must be reasonable in amount relative to the violation; courts have voided grossly disproportionate penalties. A fine that is primarily punitive rather than reasonably related to the association's enforcement costs may be unenforceable. Importantly, Civil Code 5725 distinguishes monetary penalties from assessments: unpaid fines are generally treated as a separate debt, not an assessment, and cannot be enforced by non-judicial foreclosure on the home. Civil Code 5720 further restricts when an HOA may use non-judicial foreclosure to collect delinquent assessments - the delinquency must exceed $1,800 (excluding late fees, attorney fees, and interest) or be more than 12 months overdue.

A fine imposed for late payment of assessments is treated as part of the assessment, not a separate penalty, and does count toward lien foreclosure. HOAs must also comply with Civil Code 5665 by offering payment plans on request. Disputes over fines may be taken through IDR, ADR, and small claims court as with other HOA matters. Suspension of privileges (pool, clubhouse) for rule violations is permitted as an alternative or adjunct to fines, subject to the same notice and hearing requirements.