HOA Rules in Berkeley, CA (2026)
5 verified hoa rules for Berkeley, California, sourced directly from the municipal code and official government pages.
Verified from official government sources
Board Procedures
Berkeley HOAs operate under the Davis-Stirling Common Interest Development Act (Civil Code 4000+), which governs board meetings, elections, quorum, and open-meeting requirements.
Berkeley HOA Board Procedures
Some RestrictionsCalifornia Civil Code § 4920 (Davis-Stirling Act — HOA board meeting notice)
4920. (a) Except as provided in subdivision (b), the association shall give notice of the time and place of a board meeting at least four days before the meeting. (b) (1) If a board meeting is an emergency meeting held pursuant to Section 4923, the association is not required to give notice of the time and place of the meeting. (2) If a nonemergency board meeting is held solely in executive ses...
Architectural Review
Berkeley HOA architectural review committees must follow Davis-Stirling rules for fair, timely decisions and cannot prohibit solar, EV charging, low-water landscaping, or accessory dwellings protected by state law.
Berkeley HOA Architectural Review
Some RestrictionsCal. Civil Code § 4765
(a) This section applies if the governing documents require association approval before a member may make a physical change to the member's separate interest or to the common area. In reviewing and approving or disapproving a proposed change, the association shall satisfy the following requirements: (1) The association shall provide a fair, reasonable, and expeditious procedure for making its d...
Assessment & Dues
Berkeley HOAs may levy regular and special assessments under Civil Code 5600-5625, with strict limits: 20% annual increases and 5% special assessments without a member vote.
Berkeley HOA Assessment Rules
Some RestrictionsCal. Civil Code § 5600
(a) Except as provided in Section 5605, the association shall levy regular and special assessments sufficient to perform its obligations under the governing documents and this act. (b) An association shall not impose or collect an assessment or fee that exceeds the amount necessary to defray the costs for which it is levied.
Dispute Resolution
Berkeley HOAs must offer internal dispute resolution (IDR) under Civil Code 5900 and alternative dispute resolution (ADR) before filing most lawsuits against members.
Berkeley HOA Dispute Resolution
Some RestrictionsCal. Civil Code § 5900
(a) This article applies to a dispute between an association and a member involving their rights, duties, or liabilities under this act, under the Nonprofit Mutual Benefit Corporation Law (Part 3 (commencing with Section 7110) of Division 2 of Title 1 of the Corporations Code), or under the governing documents of the common interest development or association. (b) This article supplements, and ...
CC&R Enforcement
Berkeley HOAs enforce CC&Rs under Civil Code 5850-5875, which requires due process including notice, a hearing, and written findings before imposing fines or discipline.
Berkeley HOA CC&R Enforcement
Some RestrictionsCal. Civil Code § 5855
(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 p...
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County ordinances apply to unincorporated areas and may supplement Berkeley city rules.
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