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.
Santa Clara County, CA
Unincorporated Santa Clara County's Noise Ordinance includes a motor-vehicle noise provision (Section B11-155). On public roads, vehicle exhaust and muffler ...
Santa Clara County, CA
Unincorporated Santa Clara County's Noise Ordinance treats animal noise as a disturbance: keeping any animal or bird that barks, howls, meows or squawks cont...
Santa Clara County, CA
In unincorporated Santa Clara County, Section B11-154 prohibits construction, drilling, repair, alteration or demolition noise that creates a disturbance acr...
Santa Clara County, CA
In unincorporated Santa Clara County, the County Noise Ordinance (Division B11, Chapter VIII) sets stricter nighttime exterior noise limits from 10:00 p.m. t...
Santa Clara County, CA
Oversized and heavy vehicles face restrictions in unincorporated Santa Clara County. Commercial vehicles over 10,000 pounds gross weight rating are barred fr...
Santa Clara County, CA
Heavy commercial vehicles are restricted from parking in residential areas of unincorporated Santa Clara County. County rules generally bar parking commercia...
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