San Jose vs Santa Clara
How do assessment & dues rules compare between San Jose, CA and Santa Clara, CA?
San Jose has fewer restrictions than Santa Clara.
San Jose, CA
Santa Clara County
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.
View full San Jose rules →Santa Clara, CA
Santa Clara County
Santa Clara HOAs follow Davis-Stirling assessment rules (Civil Code 5600+), including annual budget disclosures, limits on assessment increases without member approval, and lien procedures for delinquencies.
View full Santa Clara rules →Key Facts Comparison
| Fact | San Jose | Santa Clara |
|---|---|---|
| Max Increase | 20% without member vote | - |
| Special Assessment | >5% budget needs vote | - |
| Foreclosure Threshold | $1,800 or 12 months | - |
| Pre-Lien Notice | 30 days certified mail | - |
| Late Fee Cap | 10% or $10, whichever greater | - |
| Increase cap | - | 20% regular, 5% special |
| Budget disclosure | - | 30-90 days pre-year |
| Delinquency interest | - | After 30 days |
| Lien | - | Civil Code 5675 notice |
| Foreclosure threshold | - | $1,800 or 12 months |
Highlighted rows indicate differences between cities.
San Jose FAQ
How much can my San Jose HOA raise dues without a vote?
Up to 20% above the prior year's regular assessment. Any increase beyond 20% requires a majority membership vote under Civil Code §5605.
Can my San Jose HOA foreclose on my home for unpaid dues?
Only if delinquent assessments (excluding fees and interest) exceed $1,800 or are more than 12 months overdue. A 30-day pre-lien notice by certified mail is required first.
Santa Clara FAQ
Can my HOA raise dues by any amount?
No. Without a member vote, regular assessments cannot increase by more than 20% and special assessments cannot exceed 5% of budgeted expenses in a fiscal year.
When can an HOA foreclose for unpaid dues?
California law bars non-judicial foreclosure on assessment liens unless the delinquency exceeds $1,800 or is at least 12 months old, with strict notice procedures.
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