How San Francisco Handles HOA Rules: A Practical Guide

San Francisco maintains 203 local ordinances across all categories, and 5 of those deal specifically with hoa rules. Here is a breakdown of what the city actually requires, what is prohibited, and where San Francisco falls on the strict-to-permissive spectrum compared to other cities.

Board Procedures

California HOA board meetings are governed by the Davis-Stirling Open Meeting Act (Civil Code 4900-4955). All board meetings must be open to members with at least 4 days advance notice for regular meetings and 2 days for executive sessions. Agendas must be posted and no action may be taken on items not listed.

Key details: Governing Law: Civil Code 4900-4955. Regular Meeting Notice: 4 days minimum. Executive Session Notice: 2 days minimum. Open Forum: Required at every meeting. Minutes Availability: Within 30 days.

Board actions taken in violation of the Open Meeting Act may be voided by a court. Members may seek injunctive relief under Civil Code 5975. Attorney fees may be awarded to the prevailing party.

Compared to other cities, San Francisco takes a harder line on board procedures. The enforcement and penalty structure reflects that.

Architectural Review

California HOAs may require architectural review for exterior modifications under CC&R provisions. The Davis-Stirling Act requires written standards, consistent application, and a 60-day response deadline. Solar energy systems and electric vehicle charging stations cannot be unreasonably restricted under Civil Code 714 and 4745.

Key details: Response Deadline: 60 days or auto-approved. Solar Rights: Civil Code 714 protections. EV Charging: Civil Code 4745 protections. Fine Cap (2025): $100/violation under AB 130. Standards: Must be written and consistent.

Unauthorized modifications may result in fines up to $100 per violation per day under AB 130 (2025). The HOA may require removal of non-conforming work. Disputes may be submitted to internal dispute resolution (Civil Code 5900) before litigation.

Assessment & Dues

California HOAs must follow strict assessment rules under the Davis-Stirling Act. Regular assessments require annual budget approval. Special assessments exceeding 5% of the budget need membership approval. The HOA must provide a 30-day notice before recording an assessment lien.

Key details: Budget Notice: 30-45 days before fiscal year. Special Assessment Vote: Required if >5% of budget. Lien Notice: 30 days before recording. Late Fee Cap: 10% or $10 (greater of). Interest Cap: 12% per year.

Delinquent assessments may result in liens, late fees (capped at 10% or $10), interest up to 12% annually, and eventual foreclosure. The HOA must follow strict procedural requirements before foreclosure.

This is one of the stricter rules in San Francisco's municipal code. If you are unsure whether your situation complies, it is worth checking with the city before proceeding.

Dispute Resolution

California requires HOAs to offer internal dispute resolution (IDR) and alternative dispute resolution (ADR) before litigation under the Davis-Stirling Act. Either party may request IDR under Civil Code 5900-5920, and ADR is mandatory before filing certain lawsuits (Civil Code 5925-5965).

Key details: IDR: Civil Code 5900-5920. ADR Requirement: Civil Code 5925-5965. Pre-Filing Certificate: Required for most suits. Attorney Fees: Awarded to prevailing party. Mediation: Must attempt before litigation.

Failure to attempt ADR before filing suit may result in the case being stayed until ADR is completed. The losing party in litigation may be ordered to pay the prevailing party's attorney fees under Civil Code 5975.

CC&R Enforcement

California HOA CC&R enforcement is governed by the Davis-Stirling Act. AB 130 (2025) caps fines at $100 per violation. Boards must provide notice, a hearing opportunity, and follow documented procedures. Selective enforcement is prohibited, and certain restrictions on solar, EV charging, and flags are void under state law.

Key details: Fine Cap (2025): $100/violation/day (AB 130). Hearing Notice: 10 days minimum. Cure Period: Required before penalties. Protected Activities: Solar, EV, flags, drought landscaping. Selective Enforcement: Prohibited / valid defense.

Fines capped at $100/violation/day under AB 130. Health and safety violations may exceed the cap with documented justification. Unauthorized modifications may require restoration at owner's expense. Repeated violations may lead to suspension of common area privileges.

This is not one of those rules that cities tend to ignore. San Francisco actively enforces its cc&r enforcement requirements.

The Bottom Line

San Francisco is tougher than many cities when it comes to hoa rules. Out of the 5 rules covered here, 3 are rated strict. If you are a homeowner, renter, or business owner in San Francisco, take the time to understand these requirements before they become a problem. Most violations come with fines, and some repeat violations can escalate.

Keep in mind that San Francisco can amend these rules at any council meeting. For the most current version of any rule mentioned here, check the specific ordinance page, where we track updates as they happen.