
As part of their responsibilities, many HOAs implement specific HOA backyard rules for the use and appearance of their space. While these rules promote harmony within communities, homeowners sometimes find them restrictive.
Can HOAs Tell You What to Do in Your Backyard?
Does the HOA have the right to tell homeowners what they can and can’t do on their own property? The answer mostly depends on the governing documents of the HOA and state laws. Your community’s governing documents outline what is permitted within the community, and homeowners agree to follow these rules when purchasing property in an HOA neighborhood.
However, homeowners also have the right to petition for changes to HOA policies. If backyard rules are particularly restrictive or outdated, homeowners can propose amendments during meetings with the association.
California State Laws and HOA Regulations
While HOAs usually have the authority, their power is not absolute. California’s laws, such as the Davis-Stirling Act, ensure that HOA policies cannot infringe on a resident’s fundamental property rights.
Regarding backyard rules, several provisions in the law may apply, dictating what HOAs can and can’t impose on homeowners.
For example, California Civil Code §4746 protects a homeowner’s right to reasonable modifications for energy efficiency. These include the installation of renewable energy sources like solar panels.
Another example is Civil Code §4750, which ensures homeowners can maintain and cultivate personal gardens in their backyards. However, that stipulation also mentions that the association may still impose specific aesthetic or safety restrictions.
One unique stipulation in California law prohibits associations from enforcing rules that impose water-intensive landscaping (Civil Code §4735). This stems from the state’s climate, where droughts are becoming more frequent. The said provision ensures that homeowners can implement drought-resistant landscaping without penalty.
Common HOA Backyard Rules in California
Like many other states, California’s HOAs may still impose some restrictions on a homeowner’s backyard. They are permissible as long as they abide by state and federal laws and as long as they’re outlined in the HOA’s governing documents.
When it comes to HOA communities, California’s legal framework tries to strike a balance between the limitations HOAs can impose and homeowner freedoms. Often, they would do so by protecting a homeowner’s right to have something as long as it is regulated or approved by the HOA.
Here are some common HOA backyard rules that are in effect in many communities in California.
Landscaping Requirements

One of the most common policies that can dictate what residents can do in their backyards is landscaping. Usually, HOAs have rules about landscaping to keep the community’s visual appeal and uniformity.
Landscaping requirements include what plant species are allowed, policies on law maintenance, and the prohibition of planting invasive species that may ruin local wildlife.
Of course, some of the special provisions in California’s civil code also apply when it comes to landscaping. One previously mentioned rule is that HOAs are not allowed to impose homeowners on having water-heavy landscaping.
When it comes to this, HOAs may encourage homeowners to do Xeriscaping instead, which involves landscaping an area that needs little irrigation. They may also encourage the planting of native plants. These alternatives help homeowners maintain aesthetically pleasing outdoor areas, which can still align with HOA policies.
Backyard Structures
Other than landscaping, HOAs also commonly have rules on what backyard structures, temporary or permanent, a homeowner may have. The standard rules for HOAs may include restrictions on sheds, pergolas, or gazebos. For such structures, the association would typically require homeowners to submit plans for approval before construction. These regulations aim to prevent structures that might clash with the community’s architectural standards.
A homeowner’s right to build accessory dwelling units (ADUs) in their backyard is protected by law. These are put in place in efforts to help address housing shortages. Given this protection, HOAs are disallowed from prohibiting ADUs, but they can still enforce architectural and visual restrictions as long as they are reasonable.
Given this, HOA residents looking to build ADUs in their backyard must still undergo the association’s approval process, which may include outlining design aspects and materials for the HOA to review.
Backyard Chickens in HOAs
It may be amusing to think about raising backyard chickens in HOA communities. Some may even find it ridiculous and assume everyone outright prohibits this. However, you’d be surprised to know that in some communities, this is allowed.
In California, there are a number of HOAs that allow backyard chickens. Still, these are under strict conditions, such as a limitation on the number of chickens and restrictions on roosters due to noise concerns. The policies vary per area, so it is also best to check with local authorities.
Raising chickens in your backyard is somewhat protected in areas of California, thanks to the state’s Right to Farm Act. This law protects a person’s rights to engage in agricultural activities, even in HOA communities, including raising chickens. However, these protections aren’t absolute since noise, sanitation, and aesthetic concerts may overlap.
Noise and Privacy

Noise and privacy concerns among homeowners often result in related HOA policies being made to address them, including ones about backyard usage. Such policies can include limits on using sound systems, hosting outdoor parties, or the height of fences and hedges in your backyard. The association may also have rules regarding security camera placement in your backyard to ensure they don’t infringe on neighbors’ privacy.
Decorative Features and Lighting
Many HOAs have regulations on backyard decorations, including lawn ornaments, fountain installations, and holiday decorations. While these rules are intended to maintain a cohesive aesthetic, they can feel overly restrictive to homeowners who want to personalize their spaces.
The law generally points to HOA policies regarding decorations and lighting in California. The HOA’s governing documents can outline what a resident can and can’t do when installing holiday lights or security features.
These need to adhere to both HOA limitations and safety guidelines. Additionally, the HOAs may also restrict how long lights can be on and the intensity of decorative lighting to avoid conflicts between neighbors.
Pools, Hot Tubs, and Play Structures

HOAs also commonly regulate the installation and upkeep of recreational backyard structures like pools, hot tubs, and play structures like basketball hoops and trampolines. Before homeowners can put these up, the association often requires them to get approval first. They must also meet safety requirements and adhere to noise restrictions for maintenance equipment.
Tips for Homeowners Navigating HOA Backyard Rules
Understanding and complying with HOA neighborhood rules can be daunting, but these tips can help:
- Review Governing Documents: As a homeowner, you must familiarize yourself with the CC&Rs, bylaws, and other governing documents. These documents usually outline what the HOA allows.
- Try to Have Open Communication: If you’re unaware of the rules or unsure whether you understand them, try to communicate with the HOA to clarify them. You may also try to request an exception, and the best way to do so is by contacting the HOA.
- Know Your Rights: As a homeowner, you still have your rights. As such, you can familiarize yourself with California laws regulating HOA policies to protect your rights.
- Documentation is Crucial: To avoid miscommunication and misunderstanding, it is best practice to keep documentation records. These records may include HOA communications, landscaping, architectural approvals, and exemptions.
- Propose Policy Changes: If you think HOA rules seem overly restrictive, work with neighbors and the HOA to propose reasonable amendments.
- Use Approved Vendors: For projects requiring HOA approval, consider using vendors familiar with HOA compliance to streamline the process.
Creative Solutions Within HOA Guidelines
At first, backyard restrictions may seem to limit a resident’s creativity regarding the appearance of their own homes. However, they can also reframe the mindset and find other creative means to personalize their backyards while adhering to HOA rules.
Here are some suggestions:
- Landscaping: Instead of using plants that require a lot of irrigation, why not opt for drought-resistant plants? Xeriscaping is a great way to ensure that your backyard plants comply with HOA guidelines while reducing water usage.
- Decor: When it comes to decor, instead of insisting on using ones that the association disallows, you can instead work with HOA-approved items to personalize your home.
- Entertainment Areas: As a homeowner, you can design your outdoor spaces to meet noise and privacy rules while providing functional and appealing areas for relaxation.
Balancing Rights and Limitations
Navigating HOA backyard rules in California calls for a certain level of understanding regarding state laws, HOA limitations, and individual property rights. By staying informed and collaborating with HOA boards, homeowners can easily find ways to enjoy and personalize their backyards while contributing to the neighborhood’s overall visual appeal.
Personalized Property Management can help with enforcing rules in HOA communities around Southern California. Call us at 760-325-9500 or email us at info@ppminternet.com for more information!