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.
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Folsom, CA
Folsom Municipal Code restricts RV and boat parking on residential streets and driveways. RVs and trailers may generally not be stored in front yards or on p...
Folsom, CA
Folsom follows California Vehicle Code §22651(k) — any vehicle parked on a public street for more than 72 consecutive hours may be cited and towed. Parking i...
Folsom, CA
Folsom participates in the Sacramento County Abandoned Vehicle Abatement program. Vehicles abandoned on public or private property can be reported to Folsom ...
Folsom, CA
Folsom requires an encroachment permit for new or modified driveway approaches. Driveway width, sight distance, and curb cuts are regulated under Public Work...
Folsom, CA
Garage sale signs in Folsom may be posted only on the sale property itself with the owner's consent. Signs on utility poles, traffic signs, landscape medians...
Folsom, CA
Folsom permits small (up to 8 children) and large (up to 14 children) family daycare homes in all residential zones as a matter of right, consistent with Cal...
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