California overrides HOA governing documents on several owner protections. The Davis-Stirling Act and related Civil Code sections bar HOAs from prohibiting solar systems, U.S. flag displays, drought-tolerant landscaping, EV charging stations, and most noncommercial signs, even where local city rules are silent.
Several statewide rules trump conflicting CC&Rs. Solar: Civil Code sections 714, 714.1, and 4746 protect a member's right to install solar energy systems against HOA bans. U.S. flag: Civil Code section 4705 provides no governing document "shall limit or prohibit" display of the United States flag. Landscaping: section 4735 voids rules prohibiting low-water plants or artificial turf and bars fines for reducing irrigation during a declared drought. EV charging: section 4745 makes any provision that prohibits or unreasonably restricts an EV charging station "void and unenforceable." Signs: section 4710 bars prohibitions on noncommercial signs, flags, and banners, subject to size limits. California has no statute compelling HOAs to permit ADUs, so HOA ADU restrictions may still apply.
An HOA rule conflicting with these statutes is void and unenforceable. Owners who prevail in enforcement actions (e.g., flag under section 4705, EV charging under section 4745) may recover reasonable attorney's fees, and section 4745 allows civil penalties up to $1,000.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Berkeley, CA
Berkeley has no municipal ordinance limiting lawn ornaments, statues, or yard art on private property. HOA architectural guidelines under the Davis-Stirling ...
Berkeley, CA
Berkeley has no municipal ordinance limiting inflatable holiday decorations on private property. HOA architectural rules under the Davis-Stirling Act apply i...
Berkeley, CA
Berkeley has no municipal ordinance limiting holiday lights on private residential property. Restrictions come from HOA architectural rules under the Davis-S...
Berkeley, CA
Permanent outdoor kitchens in Berkeley require building, plumbing, electrical, and/or gas permits under BMC Chapter 19.28 (Building Code) when they include u...
Berkeley, CA
Berkeley treats outdoor smokers as open-flame cooking devices under California Fire Code 308.1.4 as adopted in BMC 19.48. Multifamily balcony setbacks (10 ft...
Berkeley, CA
Berkeley enforces the California Fire Code (CFC) as adopted in BMC Chapter 19.48. CFC 308.1.4 prohibits open-flame cooking on combustible balconies or within...
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