Walnut Creek, CA HOA Rules: HOA Fines & Enforcement (2026)

California law tightly limits how HOAs in Walnut Creek can impose monetary penalties on members. Under Civil Code §5850, a board may only impose fines for rule violations if the association has first adopted a written fine schedule, distributed it to members, and made it part of the governing documents. Before any fine is imposed, Civil Code §5855 requires the board to give the owner at least 10 days' written notice of a hearing at which they may appear and present a defense. The notice must describe the alleged violation, the proposed action, and the date/time of the hearing. The decision must be provided in writing within 15 days. Fines must be 'reasonable' — courts have struck down fines disproportionate to the violation — and a fine schedule with escalating amounts (e.g., $100 first, $250 second, $500 third) is a common approach. Critically, Civil Code §5725 prohibits HOAs from collecting fines through nonjudicial foreclosure and prohibits fines (other than regular or special assessments) from becoming liens on an owner's property. The HOA must sue in small claims or civil court to collect unpaid fines. Late charges, reimbursement assessments (e.g., to repair damage an owner caused), and collection fees are treated differently from disciplinary fines and are governed by separate sections. Owners who believe a fine is improper should request IDR, document communications in writing, and if needed file in small claims. Selective enforcement (fining some owners but not others for the same conduct) is a viable defense under the doctrines of waiver and estoppel.