Colusa County, CA HOA Rules: CC&R Enforcement (2026)
Key Facts
- Governing section
- Zoning Code § 44-1.60.030(D), Private Agreements
- CC&R enforcement
- Left to the homeowners association, not the County
- Zoning enforcement
- Director of Planning and Building, § 44-1.130.020
- Conflicting county rules
- Most restrictive standard applies, § 44-1.60.030(B)
- Zoning violation penalty
- Up to $5,000 fine or 6 months jail
Summary
In unincorporated Colusa County, the Zoning Code governs land use regardless of any private CC&Rs. Section 44-1.60.030(D) states the Zoning Code applies to all land uses and development whether a private agreement such as a CC&R requires greater or lesser restrictions, without affecting that agreement's own applicability. The County enforces zoning; the homeowners association enforces its own CC&Rs.
Private Agreements. This Zoning Code applies to all land uses and development regardless of whether it requires a greater or lesser restriction on the development or use of structures or land than a private agreement or restriction (for example, CC&Rs), without affecting the applicability of any agreement or restriction.
Full Breakdown
030 (Interpretation and Addressing Conflicting Requirements) tells county staff and the public exactly how the Zoning Code interacts with other rules that might apply to the same parcel. Subsection D, Private Agreements, states that the Zoning Code applies to all land uses and development in unincorporated Colusa County regardless of whether it requires a greater or lesser restriction on the development or use of structures or land than a private agreement or restriction, naming CC&Rs as its own example, without affecting the applicability of any agreement or restriction.
In practice, a subdivision's CC&Rs and the County's Zoning Code run on separate, parallel tracks: the Community Development Department reviews building permits, setbacks, height, and use only against the Zoning Code and the County Code, never against a subdivision's private covenants, and a homeowners association cannot rely on the County to cite or fine a member for a CC&R violation that is not also a zoning violation. The same section, in subsection B, sets the reverse rule for county-adopted rules: if a conflict arises between the Zoning Code and other provisions of the County Code, the most restrictive standard applies.
So a resident whose CC&Rs are silent or more permissive on a setback or accessory structure still must meet the County's zoning standard, and a resident bound by stricter CC&Rs must satisfy both the HOA's private restriction and the County's zoning minimum, with the association responsible for enforcing its own document, typically through a private civil action, not a county citation.
Violations & Fines
The County will not cite, fine, or otherwise enforce a private CC&R restriction under the Zoning Code. A confirmed Zoning Code violation, separate from any CC&R issue, is a misdemeanor under Section 44-1.130.030, punishable by up to $5,000 in fines, six months in jail, or both, with the Director of Planning and Building handling enforcement under Section 44-1.130.020. CC&R violations remain the homeowners association's own civil matter.
Frequently Asked Questions
Does Colusa County enforce my subdivision's CC&Rs?
If my CC&Rs are stricter than the Zoning Code, which rule applies?
Can the County fine someone for violating a CC&R?
Sources & Official References
Other rules in Colusa County
California rules heatmap·Compare Colusa County to another location·View the California hoa rules overview
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