HOA Rules in San Jose, CA (2026)
5 verified hoa rules for San Jose, California, sourced directly from the municipal code and official government pages.
Verified from official government sources
Board Procedures
HOA boards in San Jose must follow the Davis-Stirling Common Interest Development Act (Civil Code §§4900-4935) for all meetings. Board meetings must be open to members with at least 4 days advance notice. Executive sessions are limited to specific topics (litigation, personnel, contracts, member discipline). Annual meetings require 10-30 days notice. Secret ballots are required for elections.
California HOA Board Meeting Procedures (Davis-Stirling Act) – San Jose
Some RestrictionsCalifornia Civil Code § 4920
(3) If the association’s governing documents require a longer period of notice than is required by this section, the association shall comply with the period stated in its governing documents. For the purposes of this paragraph, a governing document provision does not apply to a notice of an emergency meeting or a meeting held solely in executive session unless it specifically states that it ap...
Architectural Review
HOAs in San Jose must follow written architectural review procedures under the Davis-Stirling Act. Associations must provide prompt deadlines for reviewing applications and issue decisions in writing. Solar energy systems, EV charging stations, satellite dishes, and drought-tolerant landscaping cannot be unreasonably restricted. San Jose's Green Building Ordinance may affect HOA review of energy-efficient modifications.
California HOA Architectural Review – San Jose
Some RestrictionsCalifornia Civil Code § 4765
(c) An association shall annually provide its members with notice of any requirements for association approval of physical changes to property. The notice shall describe the types of changes that require association approval and shall include a copy of the procedure used to review and approve or disapprove a proposed change.
Assessment & Dues
HOA assessments in San Jose follow the Davis-Stirling Act (Civil Code §§5600-5740). Regular increases over 20% require member approval. Special assessments exceeding 5% of annual budget need a member vote. Foreclosure for delinquent assessments cannot proceed unless debt exceeds $1,800 or is 12+ months overdue. Late fees capped at 10% or $10, whichever is greater.
California HOA Assessment Rules – San Jose
Some RestrictionsCalifornia Civil Code § 5605
(a) Annual increases in regular assessments for any fiscal year shall not be imposed unless the board has complied with paragraphs (1), (2), (4), (5), (6), (7), and (8) of subdivision (b) of Section 5300 with respect to that fiscal year, or has obtained the approval of a majority of a quorum of members, pursuant to Section 4070, at a member meeting or election.
Dispute Resolution
The Davis-Stirling Act requires HOAs and members in San Jose to attempt Internal Dispute Resolution (IDR) under Civil Code §5900 and Alternative Dispute Resolution (ADR) under Civil Code §5930 before filing lawsuits. Refusing ADR can result in paying the other side's attorney fees at trial. Santa Clara County Bar Association and local mediation services handle HOA disputes.
California HOA Dispute Resolution – San Jose
Some RestrictionsCalifornia 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
CC&Rs in San Jose HOAs are enforceable under the Davis-Stirling Act. Associations must provide at least 10 days written notice and a hearing opportunity before imposing fines per Civil Code §5855. CC&R provisions conflicting with California law — including restrictions on solar, EV charging, political signs, flags, and drought-tolerant landscaping — are void and unenforceable.
California HOA CC&R Enforcement – San Jose
Some RestrictionsCalifornia Civil Code § 5855
(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.
Looking for Santa Clara County county-wide rules?
County ordinances apply to unincorporated areas and may supplement San Jose city rules.
HOA Rules in Santa Clara County →