Richmond, CA HOA Rules: HOA Fines & Enforcement (2026)
Key Facts
- Civil Code 5855
- Civil Code §5855 governs fine procedures statewide
- Schedule Of Fines
- Schedule of fines must be distributed to all members in advance
- 10day Notice And
- 10-day notice and hearing required before imposing fines
- Fines Cannot Be
- Fines cannot be foreclosed as assessments (Civil Code §5725)
- Discriminatory Or Excessive
- Discriminatory or excessive fines are unenforceable
Summary
Richmond HOAs may impose monetary fines for violations of CC&Rs only after adopting a written schedule of fines, providing advance written notice, and offering a hearing, as required by California Civil Code §5855. Fines must be reasonable, cannot be treated as assessments for lien purposes, and excessive or discriminatory fines are unenforceable.
(a) When the board is to meet to consider or impose discipline upon a member, or to impose a monetary charge as a means of reimbursing the association for costs incurred by the association in the repair of damage to the common area and facilities caused by a member or the member's guest or tenant, the board shall notify the member in writing, by either personal delivery or individual delivery pursuant to Section 4040, at least 10 days prior to the meeting.
(b) The notification shall contain, at a minimum, the date, time, and place of the meeting, the nature of the alleged violation for which a member may be disciplined or the nature of the damage to the common area and facilities for which a monetary charge may be imposed, and a statement that the member has a right to attend and may address the board at the meeting. The board shall meet in executive session if requested by the member.
(c) A member shall have the opportunity to cure the violation prior to the meeting. The board shall not impose discipline in either of the following circumstances:
(1) The member cures the violation prior to the meeting.
(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.
(f) If the board imposes discipline on a member or imposes a monetary charge on the member for damage to the common area and facilities, the board shall provide the member with a written notification of the decision, by either personal delivery or individual delivery pursuant to Section 4040, within 14 days following the action.
(g) A disciplinary action or the imposition of a monetary charge for damage to the common area shall not be effective against a member unless the board fulfills the requirements of this section.
Full Breakdown
California Civil Code §5855 establishes the due process requirements for HOA fines and disciplinary actions. Before imposing a fine, an HOA must distribute a written schedule of monetary penalties to all members (Civil Code §5310), provide the member with at least 10 days' written notice of the alleged violation and the scheduled hearing, and give the member an opportunity to be heard orally or in writing. The hearing may be held in executive session, and the board must deliver a written decision within 15 days.
Civil Code §5725 provides that monetary fines (other than late charges on assessments) cannot be collected as assessments and are not subject to the lien and foreclosure procedures available for regular assessments. This means an HOA cannot foreclose solely for unpaid fines. Fines must be reasonable in relation to the violation: grossly excessive fines or those imposed without proper process are unenforceable. Discriminatory enforcement (fining one member while ignoring identical violations by others) may constitute a breach of fiduciary duty and a violation of the Fair Employment and Housing Act if tied to protected classes. Members may contest fines through IDR, ADR, or small claims court.
Frequently Asked Questions
Can my HOA put a lien on my home for unpaid fines?
What if I wasn't given notice before being fined?
Sources & Official References
Other rules in Richmond
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