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.
Daly City, CA
Daly City operates a residential preferential parking permit program under Municipal Code Chapter 10.40 in four zones near transit hubs (Zones A-D, including...
Daly City, CA
Daly City's fence ordinance imposes no general material prohibitions on residential fences. Material rules apply only in special cases: 10-foot fences on non...
Daly City, CA
Daly City does not require all pets to be sterilized, but Municipal Code Section 6.04.280 charges a refundable $100 spay/neuter fee to redeem any impounded u...
Daly City, CA
No Daly City ordinance sets a fixed numeric limit on the number of dogs or cats per household. Under the countywide San Mateo County animal control program t...
Daly City, CA
Backyard fires in chimineas, fire bowls, and portable fireplaces are allowed in Daly City under the adopted California Fire Code, but only burning clean fuel...
Daly City, CA
No Daly City ordinance prohibits artificial turf on residential property. California Government Code section 53087.7 bars cities from prohibiting drought-tol...
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