Brentwood, CA HOA Rules: HOA vs. City Rules (2026)

California's Davis-Stirling Common Interest Development Act, codified at Civil Code Section 4000 and following, governs most HOAs, condominium associations, and planned developments, including many Brentwood master-planned communities such as Trilogy, Summerset, and Brentwood Lakes. The Act establishes rules for governance, elections, assessments, meetings, dispute resolution, and enforcement. HOA CC&Rs, bylaws, and operating rules are private contracts running with the land. They can impose restrictions that are stricter than, but not contrary to, state and local law. Typical examples of stricter HOA rules in Brentwood include shorter fence height limits, paint color palettes, landscape maintenance standards, prohibitions on visible RVs, and parking rules on private streets. Examples of HOA rules that are preempted and unenforceable: breed-specific pet bans (preempted by Food and Agricultural Code 31683 when a city tries, and HOAs similarly cannot discriminate based on disability-related assistance animals under FEHA); solar panel bans (Civil Code 714); ADU bans (Civil Code 4751 prohibits HOAs from prohibiting the construction or use of an ADU or JADU on a single-family lot, subject to reasonable restrictions); clotheslines (Civil Code 4750.10); personal agriculture on exclusive-use areas (Civil Code 4750); electric vehicle charging (Civil Code 4745); and rental restrictions that effectively prohibit rentals of 30 days or more (Civil Code 4741). When a Brentwood resident faces overlapping rules, the general approach is: comply with the more restrictive standard so long as neither violates state preemption; city code enforcement handles public nuisances, building code, and zoning; HOA boards handle CC&R enforcement through private action. Brentwood code enforcement does not enforce CC&Rs, and HOAs do not enforce Municipal Code.