Contra Costa County, CA HOA Rules: HOA Fines & Enforcement (2026)
Key Facts
- Fine schedule requirement
- Civil Code 5850 - must be adopted and distributed
- Hearing notice
- 10 days minimum, Civil Code 5855
- Decision notice
- Within 15 days of hearing
- Non-assessment fines
- No lien/foreclosure, Civil Code 5725
- Review
- IDR, ADR, then Superior Court
Summary
HOAs in Contra Costa County may impose fines for CC&R violations only after adopting a schedule of monetary penalties, providing notice, and holding a disciplinary hearing per Civil Code 5850-5855. Fines must be reasonable, proportionate, and properly recorded. Unpaid fines generally cannot create liens except for assessments.
(2) If curing the violation would take longer than the time between the notice provided pursuant to subdivision (a) and the meeting, the member provides financial commitment to cure the violation. (d) If the board and the member are not in agreement after the meeting, a member shall have the opportunity to request internal dispute resolution pursuant to Section 5910. (e) If the board and the member are in agreement after the meeting, the board shall draft a written resolution. The written resolution, signed by the board and the member of the dispute pursuant to procedures not in conflict with the law or governing documents, binds the association and is judicially enforceable.
Full Breakdown
Under California Civil Code 5850, an HOA may impose monetary penalties for violation of CC&Rs only if the board has adopted and distributed a written schedule of penalties to all members. Before imposing a fine, the board must provide written notice of the alleged violation and hold a disciplinary hearing (typically in executive session) with at least 10 days' advance notice under Civil Code 5855. The owner must have the opportunity to be heard. Decisions must be communicated in writing within 15 days. Fines must be reasonable, proportionate to the violation, and consistent with the published schedule.
Critically, Civil Code 5725 provides that monetary penalties for violations that do not pertain to failure to pay assessments generally cannot be collected through non-judicial foreclosure or assessment lien processes; the HOA must sue in court to collect such fines. This protects homeowners from losing their homes over unpaid fines (as opposed to unpaid regular assessments). Per-day continuing fines are allowed if the violation is ongoing, but must be reasonable. Selective enforcement or discriminatory fines can be challenged. Owners may request the board reconsider or may seek ADR and then Superior Court review.
Frequently Asked Questions
Can my HOA fine me without a hearing?
Can an HOA lien my house for unpaid fines?
Sources & Official References
Other rules in Contra Costa County
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