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

Homeowners associations in Concord's planned developments, condominiums, and stock cooperatives are governed by the Davis-Stirling Common Interest Development Act, codified at California Civil Code sections 4000 through 6150. Davis-Stirling establishes governance, CC&R enforcement, assessment, and dispute-resolution rules for Common Interest Developments (CIDs). The relationship between an HOA's rules and Concord's municipal code is generally additive: both apply independently, and the stricter of the two governs behavior unless state law expressly preempts one. For example, Concord's zoning code may allow a backyard chicken coop while the HOA's CC&Rs ban them entirely; the HOA ban controls for lot owners. Conversely, Concord may require a permit for a fence that the HOA's architectural committee also reviews; the homeowner needs both approvals. California has layered several preemption statutes on top of Davis-Stirling that strip HOAs of authority they might otherwise claim: Civil Code 714 (solar panels - HOAs cannot prohibit and cannot impose restrictions reducing efficiency over 10%); Civil Code 4735 (drought-tolerant landscaping, artificial turf, and low-water plants); Civil Code 4736 (native plant landscaping); Civil Code 4745 (EV charging stations); Civil Code 4750 (personal agriculture in backyards); Civil Code 4751 (ADUs and JADUs - HOAs cannot prohibit); Civil Code 4753 (clotheslines and drying racks). In all these areas, HOA restrictions that conflict with state law are void and unenforceable even if they appear in recorded CC&Rs. HOAs cannot waive or override Concord zoning, building, fire, or health codes; an HOA architectural approval does not substitute for a Concord building permit. Homeowners who believe an HOA rule is illegal may invoke Davis-Stirling's internal dispute resolution (Civil Code 5900+), alternative dispute resolution requirements (Civil Code 5925+), and ultimately small claims or superior court remedies.