San Jose, CA HOA Rules: Board Governance (2026)
Key Facts
- Governing section
- SJMC § 20.80.185(E)-(F)
- Applies to
- ADU condominium conversion projects
- Required entity
- Home or property owners' association
- Also required
- Recorded CC&Rs before parcel map
Summary
San Jose requires ADU condominium conversion projects to form a homeowners or property owners' association before parcel map approval, responsible for maintaining common areas, collecting dues, and enforcing project standards.
Prior to approval of a parcel map, a home or property owners' association or similar entity shall be formed for any condominium project. The association shall, at a minimum, provide for the administration, management and maintenance of all common areas including landscaping, drive aisles and parking areas, maintenance of the exterior of all buildings, pool or common roof, the collection of dues, payment of public utilities not billed separately to each unit, and enforcement of standards within the project.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 5 Update 3).
Full Breakdown
Under San Jose Municipal Code Section 20.80.185, an accessory dwelling unit converted into a condominium may be sold or conveyed separately from the primary residence only under the city's ADU condominium requirements. Subsection E requires that, prior to parcel map approval, a home or property owners' association or similar entity be formed for the project, responsible at minimum for administration, management and maintenance of common areas, landscaping, drive aisles, parking, building exteriors, pools or common roofs, dues collection, and utilities not billed separately to each unit. Subsection F requires recorded CC&Rs naming an entity such as a homeowners' association financially responsible for common areas.
Violations & Fines
Failing to form the required association or record CC&Rs before parcel map approval blocks recordation of the condominium plan, preventing separate sale or conveyance of the ADU as a condominium unit.
Frequently Asked Questions
Does this apply to all San Jose HOAs?
What must the association manage?
Sources & Official References
Other rules in San Jose
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