Santa Clara County HOA Guide
Sunnyvale HOA Guide: Local Rules for Boards and Owners
Sunnyvale has about 157,000 residents, and about 44% of its homes are owner-occupied. The city runs its own water utility and has several rules that reach inside condominium and townhome communities, from hosted-only short-term rentals to smoke-free units.
This guide collects the city rules a Sunnyvale board runs into most often, and points you to the How2HOA guide that explains what to do about each one.
Local rules on this page were checked against the City of Sunnyvale’s website and municipal code on October 9, 2026. Cities amend their codes often, so confirm the current rule before you act on it. Sources are listed at the bottom of the page.
At a glance
HOAs in Sunnyvale at a glance
No public agency publishes a count of Sunnyvale’s HOAs or a typical dues figure, so we do not quote one. What the public record does show is where the city has planned for attached housing, and which city rules follow a condominium or townhome community for life:
Two things are easy to miss here. If your community was converted from apartments, Chapter 19.70 requires the declaration to call for city approval before changes to the site plan, exterior materials and colors or the organizational documents, so read your CC&Rs before you amend them. And the neighborhood associations the city registers are a separate thing from an HOA with recorded CC&Rs and the power to levy assessments.
Local rules
Rules that apply in Sunnyvale
Three layers of rules apply to a Sunnyvale association. State law comes first, mainly the Davis-Stirling Act. City ordinances apply to every property, whether or not it is in an HOA. Your governing documents can then be stricter than the city in most areas, and state law limits them in a few. The city does not enforce your CC&Rs, and your CC&Rs do not excuse anyone from a city rule.
Short-term rentalsSunnyvale allows only hosted short-term rentals, and the city asks for a letter from the HOA.
Sunnyvale allows only hosted short-term rentals, and the city asks for a letter from the HOA. Chapter 19.76 prohibits short-term rentals (30 consecutive days or less) in every zoning district unless the city has approved a hosted rental. The main limits in Chapter 19.76:
- The host must live on site during the stay, and the home must be the host’s primary residence.
- No more than four overnight lodgers a night. Children staying with an adult are not counted.
- The host applies to the city for approval, and the approval number must appear on every listing.
- If the home is in a common interest development, the application must include an authorization letter from the homeowners association (section 19.76.050).
- An accessory dwelling unit approved on or after January 1, 2020 may not be used as a short-term rental.
Hosts collect the city’s transient occupancy tax, which Chapter 3.16 sets at 12.5% of the rent. For boards, the letter is the point to notice. Owners will ask your association for it, so decide ahead of time who answers and what your documents allow. 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.
What to do about it: How to Handle Short-Term Rentals in Your Community walks through writing and enforcing a rental rule. For longer leases, see Renting Out Your Home in a Homeowners Association. For the California rules, see our guide to buying, selling and renting in a California HOA.
Smoking in condos and townhomesSince September 23, 2016, Sunnyvale has prohibited smoking inside the units of multi-unit residences, not only in the common areas.
Since September 23, 2016, Sunnyvale has prohibited smoking inside the units of multi-unit residences, not only in the common areas. Chapter 9.28 defines a multi-unit residence as a property with two or more units, and its definition of a unit names condominiums and townhouses. Single-family homes are excluded. What section 9.28.040 covers:
- Every unit, including a private balcony, porch, deck or patio.
- Every indoor and outdoor common area, such as halls, pools, parking areas and laundry rooms.
- The area within 25 feet of any door, window or vent that opens.
- Tobacco, electronic smoking devices and marijuana smoke.
Whoever has legal control of the common area may set up a designated smoking area, but does not have to. It must be outdoors, clearly marked, no more than 10% of the property’s outdoor area and at least 25 feet from doors, windows, vents, play areas and pools. The same party must keep the common area free of smoking waste and post the required no smoking signs. For most communities that is the association.
The chapter also writes no smoking terms into leases, which matters to owners who rent out a unit. A person who has violated the chapter three or more times can be sued by anyone affected, including in small claims court.
What to do about it: make sure your rules match the city’s with HOA Rules and Enforcing Violations and How to Enforce HOA Rules in Your Homeowners Association.
Parking, RVs and fire lanesThe city’s street parking rules are in Chapter 10.16, and the rules for parking on private lots are in the zoning code.
The city’s street parking rules are in Chapter 10.16, and the rules for parking on private lots are in the zoning code:
For multi-family projects, the zoning code lets unassigned spaces be reserved for guests and leaves the definition of a guest to the homeowners association or apartment management (section 19.46.060).
The 72-hour rule and the city’s residential permit parking program (Chapter 10.26) 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 confirm with Public Safety at (408) 730-7100 what the city will and will not enforce inside your community.
What to do about it: How to Set Up a Towing Service in Your Homeowners Association and HOA Rules and Enforcing Violations. For the state rules on enforcement, fines and hearings, see California HOA enforcement, fines and disputes.
Water, recycled water and landscapingSunnyvale runs its own water utility.
Sunnyvale runs its own water utility. Valley Water also lists California Water Service as the supplier for a small part of the city, so check which one bills your common-area meters. The city code does not assign watering days. Instead, Chapter 12.34 has permanent rules that apply every year, drought or not:
| Rule in section 12.34.020 | What it means for common areas |
|---|---|
| Leaks | Broken or defective plumbing and irrigation that leaks drinking water may not be left in use. |
| Runoff | Irrigation may not run off onto neighboring property, walkways, roads or structures. |
| 15 minutes per station | Unattended irrigation is limited to 15 minutes a day per station. Low-flow drip, weather-based controllers and high-efficiency rotor sprinklers are excepted. |
| Rain | No irrigation during rain or within 48 hours after measurable rain of 0.20 inches. |
| Hard surfaces | No washing sidewalks, driveways, patios or parking lots with drinking water. |
| Hand watering | During daylight saving time, hand watering between 9 a.m. and 6 p.m. needs a bucket or a hose with a shut-off nozzle. |
Violations are infractions, and after a cease-and-desist order the city can install a flow restrictor on the service line. Give these rules to your landscape contractor in writing.
Sunnyvale has also delivered recycled water through a separate pipe system since 1999. The city says it can be used to irrigate private landscaping and is sold at discounted rates. Ask the utility at (408) 730-7400 whether a recycled water main reaches your common area.
Two points matter for the budget. First, landscape rebates here come from Valley Water, not the city. Valley Water lists a base rate of $2 per square foot for converting lawn. Its cap is $100,000 for commercial sites and multi-family sites of five or more units, and $3,000 for single-family and smaller multi-family sites. You must have Valley Water’s written Notice to Proceed before buying materials or starting work. Call the conservation hotline at (408) 630-2554 to confirm how your common area is classified. Second, 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. A board with decorative lawn can use the rebates to pay for part of a conversion it will have to make anyway.
On owners’ lots, Civil Code section 4735 prevents an association from banning low-water plants or artificial turf as a replacement for lawn.
What to do about it: put the turf conversion in your numbers with Planning Your HOA Budget and Understanding HOA Reserve Studies, then compare landscape bids with the Vendor Comparison Worksheet.
Protected treesSunnyvale protects trees by size, not by species.
Sunnyvale protects trees by size, not by species. Under Chapter 19.94, a tree is protected when its trunk measures 38 inches or more around at 4.5 feet above the ground. A multi-trunk tree is protected if one trunk reaches 38 inches or the trunks together reach 113 inches. Circumference is the measurement here, not diameter, so a trunk about a foot across already qualifies.
Removing a protected tree from private property in any zoning district requires a permit from Community Development, and the application must be filed at least ten working days before the removal. There is no exemption for single-family lots, and none for association common area. The city can approve removal of a tree that is diseased, damaged or hazardous, or that unreasonably restricts use of the property, and it can require replacement trees. Emergency work to protect life or property is exempt (section 19.94.150).
The penalties are large. The city attorney can seek civil penalties of $5,000 to $25,000 for substantial injury to a protected tree and $10,000 to $50,000 for destroying or improperly removing one, counted per tree (section 19.94.160). Measure before your vendor cuts, and call Planning at (408) 730-7440 if the answer is close.
What to do about it: How to Hire a Contractor for Your Homeowners Association covers what to require of a tree service before work starts.
Below-market-rate homesChapter 19.67 requires projects of seven or more new ownership units to set aside at least 15% of them as below-market-rate (BMR) homes.
Chapter 19.67 requires projects of seven or more new ownership units to set aside at least 15% of them as below-market-rate (BMR) homes for moderate-income buyers. Where those homes are built inside a community, they belong to the same association as their neighbors. The terms that reach a board:
- The restrictions last 30 years, and a new 30-year term starts each time the home is resold to an eligible buyer.
- The owner must live in the home as a primary residence. Renting it out is prohibited, with narrow exceptions the city approves.
- The developer’s agreement with the city must prohibit CC&R amendments that would increase the share of dues or assessments paid by the BMR units (section 19.67.090). The city or the affected owners can enforce that.
What this means for your board: before you change how assessments are allocated, find out whether your community has BMR units and read the recorded agreement. A rental cap should also account for homes that cannot be rented at all. The Housing Division is at (408) 730-7250. Ask your association’s attorney how the recorded restrictions fit with your CC&Rs.
What to do about it: What Assessments Your HOA Community Needs and Why and How to Rewrite HOA Governing Documents.
Accessory dwelling unitsThe city’s ADU rules are in Chapter 19.79, adopted in April 2025 and last amended in July 2026.
The city’s ADU rules are in Chapter 19.79, adopted in April 2025 and last amended in July 2026. A new ADU on a single-family lot may be up to 1,000 square feet, and a junior ADU is capped at 500 square feet. Detached units are generally limited to 16 feet in height with 4-foot side and rear setbacks. An ADU may be rented separately from the main home but may not be sold separately.
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.
What to do about it: see how architectural requests work, and if your documents still ban ADUs, How to Rewrite HOA Governing Documents. For how architectural review works under California law, see California HOA architectural review and owner rights.
Storm drains, pools and stormwater treatmentChapter 12.60 makes the property owner responsible for keeping stormwater treatment systems working for the life of the project.
Chapter 12.60 makes the property owner responsible for keeping stormwater treatment systems working for the life of the project. Regulated projects sign a maintenance agreement that is recorded with the county and binds later owners (section 12.60.280). If your community has stormwater treatment areas or trash capture devices in its drains, find that agreement. Maintenance records must be kept for at least three years, and the city may inspect.
Pool, spa and fountain water treated with copper-based chemicals may not go to the storm drain (section 12.60.080). Report spills to the storm drain line at (408) 730-7270.
What to do about it: put the inspections on your calendar with our HOA maintenance and vendors section and Managing Outside Vendors for Your HOA. For the California rules behind these projects, see California HOA maintenance and repair responsibilities and California HOA reserves.
Weeds, fire inspections and wildfireChapter 8.20 requires each owner to remove weeds from the property and from the abutting half of the street or alley.
Chapter 8.20 requires each owner to remove weeds from the property and from the abutting half of the street or alley. The City Council declares weeds a nuisance by resolution and sets a hearing. If the city then does the work, the cost becomes a lien collected with property taxes. The code sets no fixed calendar date, so watch for the notice. Sunnyvale is not on the county’s published list of cities in the Santa Clara County Weed Abatement Program, so the city’s own chapter is the one that applies.
Fire Prevention, part of the Department of Public Safety, carries out annual fire safety inspections and says they require access to the common, shared areas of residential buildings. The city added a Wildland-Urban Interface Code to its building codes in October 2025 (Chapter 16.55), but that chapter does not map any zones. To find out whether a common-area address is in a fire hazard severity zone, check the State Fire Marshal’s map or ask Fire Prevention at (408) 730-7212.
What to do about it: How to Minimize Homeowners Association Liability and our HOA maintenance and vendors section. For what the association’s insurance has to cover, see California HOA insurance requirements.
Noise, leaf blowers and work hoursLeaf blowers may be used on private property in or next to a residential use only between 8 a.m. and 8 p.m.
Leaf blowers may be used on private property in or next to a residential use only between 8 a.m. and 8 p.m. (section 19.42.030). Every blower must be rated at 65 decibels or less at 50 feet, with the rating displayed on the machine. The section covers gas and electric blowers alike, and when we checked it did not ban gas-powered blowers.
Put these hours in your landscape and construction contracts and in your architectural approval letters. Your own rules can set shorter hours.
What to do about it: Managing Outside Vendors for Your HOA.
Is this a lot for a volunteer board to track?
City rules, state law and your own documents all change, and someone has to keep up. If your Sunnyvale board is deciding between managing itself and hiring help, start with Self-Managed vs. Professional HOA Management, or tell us about your community and we will send you options from affiliated management companies.
Compare HOA management optionsQuick answers
Questions Sunnyvale board members ask
Can our HOA ban short-term rentals in Sunnyvale?
Yes, if your governing documents say so. Civil Code section 4741 does not stop an association from prohibiting rentals of 30 days or less, though owners who bought before a restriction was adopted may have protected rights. Ask your attorney. The city’s approval of a hosted rental does not override a ban in your CC&Rs. More in How to Handle Short-Term Rentals in Your Community.
An owner asked the board for a letter so they can host guests. Do we have to sign?
The city requires the letter for a home in a common interest development (section 19.76.050), but the city code does not tell an association how to answer. That depends on your governing documents. Decide who signs and apply the same standard to every owner. Ask your association’s attorney if your documents are unclear.
Can an owner smoke on their own balcony or patio?
Not in a multi-unit residence. Section 9.28.040 covers the unit, its private balcony, porch, deck or patio and the common areas. The association may set up a designated outdoor smoking area that meets the city’s standards, but it is not required to.
How long can a car or RV be parked on a Sunnyvale street?
Up to 72 consecutive hours. To restart the clock it must be moved at least 1,000 feet, and returning to the same spot within 24 hours does not count (section 10.16.120). Your association’s rules can be stricter on streets the association owns. See How to Enforce HOA Rules in Your Homeowners Association.
Do we need a permit to remove a tree in the common area?
Yes, if the trunk measures 38 inches or more around at 4.5 feet above the ground, or 113 inches for the combined trunks of a multi-trunk tree. Chapter 19.94 applies to private property in every zoning district and has no common-area exemption.
Can our HOA get a rebate for replacing lawn?
Possibly. The rebates come from Valley Water, which lists $2 per square foot for landscape conversion and a cap of $100,000 for commercial sites and multi-family sites of five or more units. Get the written Notice to Proceed before any work starts. Plan the rest of the cost with the Annual HOA Budget Checklist.
Calendar
A Sunnyvale board’s year
Sunnyvale’s code ties several rules to the weather and the clock, and Valley Water’s rebate funding has an end date. The dates below come from those sources. The maintenance items are general good practice, not legal requirements.
Keep the year on track: use the Board Meeting Checklist and the Annual HOA Budget Checklist.
Who to call
Sunnyvale contacts for HOA boards
Sunnyvale bills water, sewer and garbage through one city utility line, and police and fire are a single Department of Public Safety. Most city offices are at City Hall, 456 W. Olive Avenue.
| Office | Phone | Use it for |
|---|---|---|
| Neighborhood Preservation (code enforcement) | (408) 730-7610 | City code violations on private property |
| Planning | (408) 730-7440 | Tree permits, ADUs, zoning |
| One-Stop Permit Center | (408) 730-7444 | Building permits, Community Development counter |
| Public Safety non-emergency | (408) 730-7100 | Street parking, police and fire non-emergencies |
| Abandoned vehicle message line | (408) 730-7150 | Vehicles left on the street |
| Fire Prevention | (408) 730-7212 | Fire inspections, fire lanes |
| Utility service and billing | (408) 730-7400 | Water, sewer and garbage accounts, leaks, water and sewer problems (24 hours) |
| Environmental Services | (408) 730-7900 | Water conservation, recycled water |
| Storm drain spills | (408) 730-7270 | Illegal discharges to storm drains |
| Public Works | (408) 730-7415 | Sidewalks, streetlights, potholes, street sweeping |
| Parks and street trees | (408) 730-7506 | City street trees |
| Specialty Solid Waste and Recycling | (408) 565-9900 | Garbage and recycling questions |
| Housing | (408) 730-7250 | Below-market-rate homes |
| Valley Water conservation hotline | (408) 630-2554 | Landscape rebates |
Keep going
Where to go next on How2HOA
Sources for this guide
These sources open in a new tab.
Sunnyvale Municipal Code: Chapter 19.76, short-term rentals; Chapter 3.16, transient occupancy tax; Chapter 9.28, smoking; Chapter 10.16, parking; Chapter 10.26, preferential parking; Chapter 19.46, parking on private property; Chapter 9.26, nuisances; Chapter 16.52, fire code; Chapter 12.34, water conservation; Chapter 19.94, tree preservation; Chapter 19.67, below-market-rate ownership housing; Chapter 19.70, conversions; Chapter 19.79, accessory dwelling units; Chapter 12.60, stormwater; Chapter 8.20, weeds; Chapter 16.55, wildland-urban interface code; Chapter 19.42, noise and leaf blowers; Chapter 19.12, definitions; Chapter 16.08, construction hours; Chapter 19.26, combining districts; Chapter 19.27, specific plan districts; Title 19, zoning.
City of Sunnyvale: specific plans; private trees; recycled water; drought and water conservation; rebates; home buyer programs; fire prevention services; parking; neighborhood resources; phone directory; addresses and hours.
Valley Water and Santa Clara County: Valley Water landscape rebates; rebate qualifications and caps; Valley Water, Sunnyvale water suppliers; Santa Clara County Weed Abatement Program, participating cities.
California law: Civil Code section 4741; section 4751; section 4735; AB 1572 (2023).
Professional management
Thinking about management help?
Tell us about your community and we will send you options from affiliated management companies.
Compare HOA management optionsBrowse all HOA topicsThis page is general educational information, not legal, financial or insurance advice. City ordinances and state law change, and your association’s governing documents control many of these questions, so check the current code and talk with your association’s attorney or another qualified professional about your situation.