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

Under Davis-Stirling, the HOA board's authority to discipline members through monetary penalties is strictly procedural. Civil Code section 5850 requires the association to adopt and distribute a written schedule of monetary penalties to all members before any fine may be levied for a violation of the governing documents; the schedule must be made available to members and updated on the annual policy statement. Civil Code section 5855 requires that before imposing a fine or other discipline, the board provide the member written notice at least 10 days in advance of the hearing, specify the alleged violation and the date of the hearing, and offer the member an opportunity to be heard either in person or in writing at a duly noticed meeting.

The hearing can be closed to other members under section 4935 to protect privacy. Fines may not be imposed retroactively or for violations that occurred before the schedule was adopted. Under section 5725, monetary penalties by themselves cannot be recorded as a lien on the member's property and cannot be the basis of a foreclosure, although unpaid regular or special assessments can. Unreasonably high or punitive fines may be challenged as unenforceable, and courts have invalidated fines that exceed what a reasonable schedule would set. Attorney fees may be awarded to the prevailing party in an action to enforce governing documents under section 5975.