Mountain View vs San Jose
How do cc&r enforcement rules compare between Mountain View, CA and San Jose, CA?
Mountain View and San Jose have similar restriction levels.
Mountain View, CA
Santa Clara County
HOA CC&R enforcement in Mountain View must follow Davis-Stirling due process rules, with written notice, a hearing opportunity, and fines limited to published schedules.
View full Mountain View rules →San Jose, CA
Santa Clara County
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.
View full San Jose rules →Key Facts Comparison
| Fact | Mountain View | San Jose |
|---|---|---|
| Notice required | Written before fines | - |
| Hearing right | Opportunity to be heard | - |
| Fine schedule | Published annually | - |
| Foreclosure on fines | Not allowed | - |
| Law | Civil Code 5850 et seq. | - |
| Hearing Required | - | 10 days written notice |
| Fines | - | Must be reasonable |
| Rules Notice | - | 28 days under §4350 |
| Protected | - | Solar, EV, flags, signs |
| Void Restrictions | - | Conflict with state law |
Highlighted rows indicate differences between cities.
Mountain View FAQ
Can my HOA fine me without a hearing?
No. Davis-Stirling requires written notice and an opportunity for a hearing before the board imposes fines.
Can unpaid HOA fines lead to foreclosure?
No. Under Civil Code 5725, fines alone cannot be the basis for foreclosure, though they remain collectible debt.
San Jose FAQ
Can my San Jose HOA fine me without a hearing?
No. Under Civil Code §5855, the association must give at least 10 days written notice and offer a hearing before the board where you can present evidence and be represented.
Can my San Jose HOA ban drought-tolerant landscaping?
No. California law protects drought-tolerant and water-efficient landscaping. San Jose's own water-efficient landscaping ordinance further supports homeowners converting to low-water-use plants.
Compare other topics
See how Mountain View and San Jose compare on other ordinance categories.
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