San Jose, CA HOA Rules: CC&R Enforcement (2026)

CC&Rs are the primary governing documents of San Jose common interest developments. Under the Davis-Stirling Act, associations may enforce CC&Rs, bylaws, and operating rules, but must follow due process. Before imposing any monetary penalty or suspension of privileges, the association must provide at least 10 days advance written notice specifying the violation and proposed discipline, and offer the member a hearing before the board (Civil Code §5855). The member may attend, present evidence, and be represented. Fines must be reasonable and proportionate. Operating rules adopted by the board must follow Civil Code §4350-4365 rulemaking procedures including 28 days member notice and comment. CC&R provisions conflicting with California statutory protections are void: solar energy systems (Civ. Code §714), EV charging (Civ. Code §4745), satellite dishes under 1 meter (federal preemption), political signs during elections (Civ. Code §4710), drought-tolerant or fire-resistant landscaping, and displaying the US or state flag (Civ. Code §4705). San Jose HOAs must also comply with the city's own ordinances regarding water-efficient landscaping and solar-ready requirements, which may further limit CC&R enforcement on these topics.