Civil Code 4741
An HOA cannot ban rentals or cap them below 25 percent of the homes. What an association can and cannot restrict, and what to read before you buy.
California HOA law
California HOA law: a buyer's guide
California gives home buyers a defined set of disclosures and a set of rights an HOA cannot override. This guide explains the framework, links to the rights that most often change a purchase, and shows you what to read in the disclosure packet before your contingencies expire.
The short version. California common interest developments are governed by the Davis-Stirling Common Interest Development Act, Civil Code section 4000 and following. Before you close, the seller must give you a disclosure packet defined by Civil Code 4525: the governing documents, the budget and reserve materials, financial and assessment statements, and recent board minutes. Inside that packet are the rules that decide what you can do with the home, and California law caps several of them no matter what the CC&Rs say. The pages below cover the rights that most often change a buyer's decision.
Your rights, and the association's limits
Each page below states what California law allows, what an HOA can still do, and what to check in the disclosure packet, with the statute cited and verified.
Civil Code 5605
The board can levy special assessments up to 5 percent of the annual budget without a member vote. The rule, and how to spot a looming assessment in the packet.
Civil Code 4715
An HOA cannot ban pets outright; you have the right to keep at least one pet, subject to reasonable rules. What an association can still restrict.
Civil Code 4745
An HOA cannot prohibit an EV charging station in your space. What it can require, and the 2026 SB 770 insurance change.
Civil Code 4765
A remodel or addition goes through architectural review. The decision must be made in good faith and not be arbitrary, with a written reason for any denial.
Civil Code 714
An HOA cannot ban solar. Restrictions cannot raise the cost by more than $1,000 or cut efficiency by more than 10 percent, and a complete application is deemed approved in 45 days.
Civil Code 4735
An HOA cannot ban drought-tolerant plants or artificial turf, or fine you for cutting back watering during a declared drought.
Civil Code 5660
Before recording a lien for unpaid dues, an HOA must give 30 days written notice and an itemized statement. What the delinquency picture tells a buyer.
Civil Code 5650
A late fee cannot exceed $10 or 10 percent of the delinquent assessment, with interest capped at 12 percent a year.
California law also protects a buyer's right to display the United States flag and to install a satellite dish or antenna, and it requires the association to offer dispute resolution before enforcing its rules. An HOA Notes brief checks the governing documents against each of these and flags any restriction that conflicts with the statute. More topic pages are being added to this guide.
Before you buy in a California HOA
The expensive surprises in an HOA purchase hide in the parts of the packet that are easy to skim: an underfunded reserve, a pending special assessment, active litigation, or a use restriction buried in an amendment. For a full walk-through of what the seller must give you and how to read it, see the California disclosure packet guide. To have the whole package read and scored against the statute, see the HOA disclosure review service.
California community reviews
See the statute meet the real world. These free buyer reviews are built from each community's own published governing documents, with the red flags a standard packet leaves out. Compare them side by side.
Get your California HOA packet read against the statute.
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Order a brief for your packetSources, verified 2026-05-31
The California legal framework on this page was verified against the current statute on 2026-05-31. The Davis-Stirling Act is Civil Code section 4000 and following; the disclosure requirement is Civil Code 4525. Statutes change; confirm the current text before relying on it.
- Davis-Stirling Common Interest Development Act, Civil Code section 4000 et seq., California Legislative Information. Verified 2026-05-31. leginfo.legislature.ca.gov
- California Civil Code section 4525 (transfer disclosure), California Legislative Information. Verified 2026-05-31. leginfo.legislature.ca.gov
About this page
Last reviewed 2026-05-31. This page is a general buyer guide and a description of the HOA Notes service. HOA Notes is not a law firm and this is not legal advice. California statutes change; the citations above were verified against the current statute on the date shown. Consult a California real estate attorney before removing contingencies or relying on any legal right described here.