5 county-level rules, plus city-specific rules for 5 cities in Santa Clara County, California.
Verified from official government sources
Santa Clara County HOAs follow Davis-Stirling at Civil Code 4000 to 6150. Boards must hold open meetings with 4 day notice, post agendas, and allow member comment. Executive sessions are narrow.
Santa Clara County HOA architectural review runs under Civil Code 4765. Owners submit written applications and receive written decisions, and associations must apply fair and consistent standards.
Cal. Civil Code Β§ 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...
Santa Clara County HOA dues follow Civil Code 5600 to 5740. Regular dues cannot rise over 20 percent yearly, special assessments over 5 percent need a member vote, and delinquencies accrue 12 percent.
Cal. Civil Code Β§ 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. (b) Notwithstanding more restrictive limitations placed on the board by the governing docume...
Santa Clara County HOAs must offer free Internal Dispute Resolution under Civil Code 5900 and Alternative Dispute Resolution under 5925 before filing enforcement lawsuits. ADR typically involves mediation before court.
Cal. Civil Code Β§ 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 ...
Santa Clara County HOAs enforce CC and Rs under Civil Code 5850 to 5895. Fines require 10 day written notice and a board hearing, and cannot become a lien unless tied to assessments. Selective enforcement is a defense.
Cal. Civil Code Β§ 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...
5 cities in Santa Clara County have their own hoa rules rules. Each link goes to that city's dedicated page with code citations.
5 verified rules β’ Architectural Review, Assessment & Dues
5 verified rules β’ Architectural Review, Assessment & Dues
5 verified rules β’ Architectural Review, Assessment & Dues
5 verified rules β’ Architectural Review, Assessment & Dues
5 verified rules β’ Architectural Review, Assessment & Dues
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