Newark HOA Guide: Local Rules for Boards and Owners

We searched the Newark Municipal Code, as codified through Ordinance No. 565, and found no chapter that sets up a short-term rental permit. The one clear rule we found is in the ADU ordinance: section 17.26.040 prohibits renting an accessory dwelling unit or junior ADU for less than 30 days. For whole-home and spare-room rentals we will not guess. Call the Planning Division at (510) 578-4330 and ask how the zoning code treats stays under 30 days at your address.

Your own documents are the stronger tool. California Civil Code section 4741 limits how far an association can restrict rentals generally, but it does not stop an association from prohibiting rentals of 30 days or less.

This is Newark’s newest local rule. The City Council adopted Ordinance No. 561 on January 22, 2026. It added Chapter 5.45 (residential landlord and tenant relations) and Chapter 5.50 (rent review) to the municipal code, in effect since May 1, 2026. An owner who rents out a condo, townhome or house is the landlord under these chapters. The association is not.

• Registration (section 5.45.090): each rental unit must be registered with the city and a fee paid. The city asked landlords to register online by July 1, 2026. Its pages describe annual fees but do not state the amounts.
• Tenant-rights notice (section 5.45.070): a city-form notice at the start of a lease, at renewal and with any termination notice.
• Just cause (section 5.45.040): after a tenant has lived in the unit for 12 months, the landlord needs a listed reason to end the tenancy. A no-fault termination requires relocation help of two months’ rent, paid within 15 calendar days.
• Rent review (Chapter 5.50): the city does not cap rents. A tenant may ask for review and non-binding mediation of increases above 5% in 12 months, and an increase is void if the landlord does not take part.

The just-cause section does not apply to housing that received its certificate of occupancy within the previous 15 years. It also exempts a home that can be sold separately from any other unit, if the owner is not a real estate investment trust, a corporation or an LLC with a corporate member and the tenant received the written notice the code requires. Those exemptions cover section 5.45.040 only, so owners should confirm their status with the city at (510) 578-4330.

A board does not enforce this ordinance. It is good practice to mention it to owners who lease.

Newark’s ADU rules are in section 17.26.040, last amended by Ordinance No. 563 on February 12, 2026. Attached ADUs are capped at 1,000 square feet, detached ADUs at 1,200 square feet and junior ADUs at 500 square feet. A detached unit is generally limited to 16 feet in height with 4-foot side and rear setbacks.

For boards, the state rule matters more than the city one. Civil Code section 4751 voids CC&R provisions that prohibit or unreasonably restrict an ADU or junior ADU on a lot zoned for single-family use. An association can still apply reasonable restrictions through its architectural review process.

• 72-hour rule (section 10.24.020): a vehicle may not be left on a street or alley for more than 72 hours in any 73-hour period. It counts as parked the whole time if it is inoperable or has not moved at least one mile.
• Trailers (section 10.24.026): a trailer may not be left on any street unless it is attached to its towing vehicle, apart from up to four hours for a pickup or delivery nearby.
• Commercial and oversized vehicles (sections 10.24.140 and 10.24.145): where the city has posted signs, residential streets can be closed to commercial vehicles rated at 10,000 pounds or more or to vehicles longer than 20 feet.
• RVs and boats at home (section 17.17.080): passenger vehicles, recreation-type vehicles and boats on trailers must be parked on the driveway. A paved extension beside the driveway may be up to 10 feet wide and hold one vehicle. Nothing may extend over the sidewalk, and a parked RV or camper may not be lived in.

The street rules are written for public streets. If your association owns its streets, parking is governed mainly by your own rules and by state towing law, so ask the Newark Police Department what it will enforce inside your community.

Newark does not run a water utility. Water comes from the Alameda County Water District (ACWD), which also serves Fremont and Union City. On October 8, 2026 the ACWD board adopted Ordinance No. 2026-01, which replaced its 2008 water waste ordinance and applies at all times, drought or not. It sets no watering days or hours. It does require:

• No irrigation that causes excessive runoff, ponding or overspray onto gutters, sidewalks or streets.
• No landscape irrigation during rain or within 48 hours after rainfall of at least one-quarter inch.
• Leaks repaired within 72 hours of discovery or of a district notice, or a repair plan sent to the district in that time.

Two points matter for the budget. First, a state law passed in 2023 (AB 1572) will bar the use of drinking water on nonfunctional turf in HOA common areas starting January 1, 2029, and ACWD has written that date into its ordinance. Second, ACWD’s Commercial Water-Efficient Landscape Rebate names HOA customers as eligible: $2 per square foot of lawn converted, up to $20,000 per site. Get written approval before any work starts, finish within 120 days and keep the area converted for three years. Artificial turf does not qualify, and funds are first come, first served.

On owners’ lots, Civil Code section 4735 prevents an association from banning low-water plants or artificial turf as a replacement for lawn.

• Trees on private land (Chapter 8.16): a permit from the public works director is required to cut down, remove or move any tree with a trunk 6 inches or more in diameter, measured 4 feet above the ground. Every species is covered. The only exemption is for developed residential parcels of 10,000 square feet or less.
• Street trees (Chapter 12.28): trees planted in the parkway, between the curb face and the private property line, belong to the city. Removal needs a city permit, the city posts the tree for 10 days first, and the owner pays for a replacement tree bought through the city.

The private-tree exemption is written for small home lots. A common-area parcel is often larger than 10,000 square feet, so ask Public Works at (510) 578-4589 before your vendor removes a mature tree.

Chapter 12.28 also makes the property owner responsible for maintaining the curb, gutter and sidewalk (section 12.28.090) and the sewer lateral from the building to the main in the street (section 12.28.100). Union Sanitary District maintains the mains. Whether the association or the individual owner carries those costs depends on your CC&Rs.

Fire protection in Newark is provided by the Alameda County Fire Department under contract. Each year the Fire Marshal lists properties where weeds are a fire hazard, most of them undeveloped. Notices go out in spring with a date to clear the weeds. If the owner does not act, the city mows the lot, usually in May or June and again in mid to late summer if needed, and charges the owner the cost.

Newark’s western edge is the bay, and the city says rising seas will affect residents, businesses and infrastructure. It is preparing a Sea Level Rise Vulnerability Assessment and Adaptation Strategy with a flood model for 2050 and 2100. Building in flood hazard areas is regulated by Chapter 15.40. If your community is near the shoreline, ask your insurance agent what the master policy covers for flood.

Under section 17.24.100, construction and landscaping work is allowed from 7 a.m. to 7 p.m., and only from 10 a.m. to 6 p.m. on Sundays and holidays, unless a permit sets other hours. A single piece of equipment may not exceed 83 dBA measured at 25 feet.

Otherwise the limit on residential property is 70 dBA at the property line from 7 a.m. to 9 p.m. and 60 dBA overnight. Put the work hours in your vendor contracts. Your own rules can set shorter hours.

Chapter 8.32 prohibits smoking in lobbies, hallways and other common areas of apartment buildings, condominiums and other multiple-unit residential buildings. Private residences are not covered, so the city code does not ban smoking inside a unit. The chapter lets an owner or manager adopt stricter rules, so a smoke-free rule for patios, balconies or units has to come from your own documents. Ask your attorney whether a board rule is enough or the CC&Rs must be amended.