San Jose vs Sunnyvale
How do cc&r enforcement rules compare between San Jose, CA and Sunnyvale, CA?
San Jose and Sunnyvale have similar restriction levels.
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 →Sunnyvale, CA
Santa Clara County
Davis-Stirling allows Sunnyvale HOAs to enforce CCRs through fines, suspension of privileges, and liens, but requires due process notice and a hearing under Civil Code 5855.
View full Sunnyvale rules →Key Facts Comparison
| Fact | San Jose | Sunnyvale |
|---|---|---|
| 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 | - |
| Hearing Notice | - | 10 days written |
| Decision | - | Within 15 days |
| Lien Rights | - | Assessments only |
| Defense | - | Selective enforcement |
| State Law | - | Civil Code 5850-5855 |
Highlighted rows indicate differences between cities.
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.
Sunnyvale FAQ
Who enforces this in Sunnyvale?
Sunnyvale at (408) 730-7500 handles most complaints.
Who enforces this in Sunnyvale?
Sunnyvale at (408) 730-7500 handles most complaints.
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