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.
San Leandro, CA
SLMC §4-1-1115 prohibits use of any loudspeaker, loudspeaker system, public address or similar device between 10:00 p.m. and 8:00 a.m. when it disturbs neigh...
San Leandro, CA
San Leandro is unusual among Bay Area cities: SLMC Article 11 sets only one numeric noise threshold — 5 decibels above ambient at the complainant's property ...
San Leandro, CA
San Leandro does not recognize any 'dibs' or 'savie' parking custom. Public streets are public space — placing chairs, cones, garbage cans, or other objects ...
San Leandro, CA
Permitted fence/wall materials are wood, steel, finished concrete, and stucco. Chain-link and corrugated metal fencing are prohibited. Street-facing fences m...
San Leandro, CA
Retaining walls 4 feet or less measured from bottom of footing to top of wall are exempt from a building permit, unless they support a surcharge (e.g., drive...
San Leandro, CA
San Leandro has no standalone hoarding statute, but SLMC §4-11-1100 caps household dogs at two and applies an Animal Permit requirement to additional animals...
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