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

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.