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

The Davis-Stirling Act (California Civil Code sections 4000-6150) is the comprehensive statutory framework governing common interest developments in California, including condominium projects, planned developments, stock cooperatives, and community apartment projects. In Contra Costa County, HOAs may impose stricter architectural, landscaping, noise, parking, and use restrictions than the County Zoning Ordinance, but they cannot violate state preemption rules. For example, HOAs cannot prohibit solar panels (Civil Code 714), small family day care homes (HSC 1597.40), ADUs (Civil Code 4751), clotheslines (Civil Code 4753), EV charging stations (Civil Code 4745), or personal agriculture in backyards (Civil Code 4750). HOAs also cannot enforce rules that conflict with public health and safety codes. The county's role is to enforce its Zoning Ordinance, building code, health regulations, and nuisance ordinances regardless of HOA rules. A homeowner in a Contra Costa HOA must comply with both the CC&Rs (enforced by the association through fines and potential liens) and county/state law (enforced by county agencies). When HOA rules conflict with law, law prevails. HOAs must maintain a balanced operating budget, conduct reserve studies, hold open meetings (subject to narrow executive session exceptions), and provide documents to owners upon request.