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HOA approval vs a City permit in San José: do you need both?

Often, yes. If your project needs a City building permit and your HOA requires approval for changes, each is a separate step with its own rules. California law sets how an association must handle an approval request. It does not turn that approval into a City permit.14 This is general information, not legal advice.

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The short version

HOA approval: if your documents require it

California Civil Code 4765 applies when the governing documents require association approval before a member changes the home or the common area.1

City permit: if the work needs one

The City requires a building permit for new construction, additions, alteration of walls or any structural change, and for electrical, plumbing and mechanical work unless exempted.4

Planned Development zone: follow both

For a property in a Planned Development zone, the City says you must follow the zone's architectural standards and any HOA CC&R rules.3

How the two approvals fit together

What the State says about HOA review, and where the City comes in.13

  1. Read your governing documents

    They decide whether the association must approve your change. When approval is required, the review procedure must be in the governing documents and must state the maximum time to respond to an application or a request for reconsideration.1

  2. Submit the request to the association

    The procedure must be fair, reasonable and expeditious, with prompt deadlines.1

  3. Get the decision in writing

    A decision must be made in good faith and may not be unreasonable, arbitrary or capricious. If the change is disapproved, the written decision must explain why and describe how to ask the board for reconsideration.1

  4. Ask for reconsideration if needed

    A disapproved applicant is entitled to reconsideration by the board at an open meeting.1

  5. Apply for the City permit

    Check whether your work needs one with the City's permit guide, then apply through the City's process. Inspections follow the permit card; see our inspection scheduling guide.

What the law says about association decisions

Codes still apply
Whatever the governing documents say, an association decision may not violate a governing provision of law, including a building code or other law on land use or public safety.1
Annual notice
The association must send members a yearly notice of which physical changes need approval, with a copy of the review procedure.1
Exterior changes
A change to the exterior appearance of a unit must follow the governing documents and applicable law. Improvements inside a unit are allowed subject to the governing documents and applicable law, as long as they do not impair structural integrity or mechanical systems or lessen support of other parts of the development.2
ADUs are different
The State housing department says CC&Rs that effectively prohibit or unreasonably restrict an ADU or JADU on a lot zoned for single-family use are void, and that an HOA may not influence a city's approval of an ADU permit. An HOA may still apply limited objective standards.5

Unsure which approvals your project needs? Ask us.

Tell us about the home and the project. We walk the job, pull the City permit as the licensed contractor, and build to the plans your association approves.

  • The city and whether the home is in an HOA
  • What you want built or changed
  • Whether the HOA has already approved anything

Prefer to talk? Call (408) 667-4946 or send a text. Office hours: Monday to Friday, 7 am to 3 pm.

David and Tristan, the owners, stay involved from the first walkthrough to the final check. We reply the same business day, Monday to Friday.

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HOA approval and City permits: common questions
Do I need HOA approval and a City permit in San Jose?
Possibly both. The City requires a building permit for projects such as additions, structural changes and most electrical, plumbing and mechanical work. Your HOA may separately require approval if its governing documents say so. Each has its own review.
What does Civil Code 4765 require of an HOA?
If the governing documents require approval for a physical change, the association must use a fair, reasonable and expeditious procedure with prompt deadlines, decide in good faith, and put the decision in writing. A denial must explain why and describe how to ask the board for reconsideration, and the applicant is entitled to reconsideration at an open board meeting.
Can an HOA approve something that breaks building code?
No. Under Civil Code 4765, an association decision may not violate a governing provision of law, including a building code or other law governing land use or public safety.
Does the City tell me to follow HOA rules?
For properties in a Planned Development zone, the City says you must follow the zone's architectural standards and any HOA CC&R rules. We did not find a City statement on how it handles HOA rules for other properties, so ask the Permit Center at 408-535-3555.
Can my HOA block an ADU?
The State housing department says CC&Rs that effectively prohibit or unreasonably restrict an ADU or JADU on a single-family lot are void, and that an HOA may not influence the city's ministerial approval of an ADU. An HOA may apply limited objective standards. This is general information, not legal advice. Talk to a lawyer if your HOA is blocking a project.

Sources

This page is general information, not legal advice. It reports what the State code and the City's pages say. Your governing documents and the City decide what applies to your property.