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.
Sunnyvale, CA
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Sunnyvale, CA
Sunnyvale was one of the earliest California cities to ban gas-powered leaf blowers, ahead of statewide AB 1346. Only electric or battery blowers are allowed...
Sunnyvale, CA
Aircraft noise from Moffett Federal Airfield, NASA Ames, and San Jose International is preempted by federal FAA rules. Sunnyvale cannot regulate overflight n...
Sunnyvale, CA
Street parking in Sunnyvale is governed by SMC Title 10 and California Vehicle Code. The 72-hour rule (CVC 22651(k)) applies, and posted permit zones restric...
Sunnyvale, CA
Sunnyvale driveway construction and use are governed by SMC Title 19 zoning and Title 16 encroachment rules. Blocking sidewalks or the public right-of-way is...
Sunnyvale, CA
RVs, trailers, and boats over 6 feet tall or 22 feet long are restricted on Sunnyvale streets under SMC Title 10. Short-term loading is allowed with limits; ...
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