Property Use and MaintenanceProtected Uses
Section § 6700
This law prevents homeowner associations from excessively controlling what you do with your own property, like putting up signs or installing solar panels. It also emphasizes that other rules about these topics, including restrictions on moving pre-built homes onto your land and preventing racial discrimination, are still valid and must be followed.
Section § 6702
This law ensures that homeowners or tenants can't be stopped from flying the U.S. flag in their own spaces or exclusive use areas, unless it's necessary for health or safety reasons. The flag must be made of regular materials like fabric, cloth, or paper and can be hung on a pole or in a window. It does not include flags depicted through things like lights or paint. If there's a legal dispute over this right, the winning side will get their legal fees covered.
Section § 6704
This law states that homeowners associations cannot stop residents from putting up noncommercial signs, posters, flags, or banners in their own spaces, unless there's a health or safety issue, or the display breaks any laws. These signs can be made from materials like paper or fabric and can be placed in areas like the yard or balcony. However, they can't be made of lights or landscaping items and can't include painting surfaces. Associations can set limits on the size of these items - signs and posters must be under nine square feet, and flags or banners must be under 15 square feet.
Section § 6706
This law says that even though there's another rule (Section 4202), Section 4715 is specific to people who had pets in a certain type of housing community before January 1, 2014. This means owners in these communities can keep their pets under this older rule, regardless of changes.
Section § 6708
This California law says that if there's a rule in a community that bans or limits putting up regular-sized video or TV antennas, like satellite dishes, it's not valid if those antennas are 36 inches or smaller and not seen from the street. However, if you live in a community, they can have fair rules about these antennas as long as they don't make it much more expensive or less effective to set them up. These rules can include telling the community before you install, needing approval if you're putting it on someone else's property, and keeping the roof maintained. If you're putting one up, you might need to cover any damages. Also, if you need permission, the application must be handled like any other property change and decided quickly. If someone has to go to court over this and wins, they can get their attorney's fees paid.
Section § 6710
This law ensures that homeowners in a community can't be unfairly limited in selling their property. Any rules that stop owners from marketing their homes without good reason can't be enforced. The homeowner associations can't charge fees for selling property unless they're based on actual costs, nor can they force owners to use a specific real estate broker unless it involves the association's own property. Marketing means listing, advertising, or showing the property. The law does not change anything about rules for real estate signs.
Section § 6712
This law states that any part of a community's governing rules that stops people from using drought-tolerant plants, or interferes with water-saving laws and regulations, won't be valid. However, communities can still apply landscaping rules if they align with water efficiency and conservation laws.
Section § 6713
This law ensures that homeowners in shared communities (like condos) can't have rules that unfairly stop them from installing electric vehicle (EV) charging stations in their parking spaces. While some reasonable restrictions are okay, they shouldn't increase costs or lower efficiency. Charging stations must meet all safety and zoning laws. Applications for installing these stations must be processed like any home improvement and can't be unnecessarily delayed. Owners must follow specific guidelines, such as using a licensed contractor and having insurance. If the station is in a common area, certain agreements with the association are required. Violating these rules can lead to penalties and legal consequences.