In Pittsburg, homeowners associations governed by the Davis-Stirling Common Interest Development Act (California Civil Code sections 4000 through 6150) may impose rules stricter than city ordinances, but cannot override state-protected activities such as solar installations, ADUs, family day care, clotheslines, electric vehicle charging, or pride and religious displays. City rules set the minimum, and CC&Rs can only go further in the same direction.
The Davis-Stirling Common Interest Development Act, codified at California Civil Code sections 4000 through 6150, governs every condominium, planned development, stock cooperative, and community apartment project in California. Under Davis-Stirling, HOA governing documents (declaration, articles, bylaws, and operating rules) can impose architectural guidelines, landscaping standards, parking rules, and use restrictions that are stricter than Pittsburg's municipal code, as long as they are reasonable and consistent with state law. Where city and HOA rules overlap, the homeowner must comply with the stricter of the two. California law, however, preempts HOA restrictions in several areas: Civil Code section 714 bars prohibitions on solar energy systems (Solar Rights Act); section 714.1 protects EV charging stations; section 4735 bars restrictions on low-water-use landscaping during declared droughts and voids penalties for brown lawns during water-agency-declared shortages; section 1597.45 preempts HOA bans on family day care homes; Government Code section 65852.2 mandates acceptance of ADUs in common interest developments under certain conditions; and Civil Code section 4710 protects the right to display noncommercial signs, posters, flags, and banners. Violations of city code are enforced by Pittsburg code enforcement; HOA violations are enforced by the association itself through its internal hearing and fine process.
Contact your local code enforcement office for specific penalty information.
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