Santa Clara County Condos for Sale

By Matthew Martinez, Founder, CEO & Managing Broker, Diamond Real Estate Group. California DRE #01869679.

Santa Clara County’s condos and townhomes sit inside its cities, from high-rise and mid-rise buildings in San Jose to townhome communities in Sunnyvale, Santa Clara, Mountain View and Milpitas. The rules that matter most are statewide: the HOA disclosure package the seller must give you and your lender’s review of the whole project. Locally, check the city transfer tax (Mountain View has one on every sale; San Jose adds Measure E on high-value transfers) and how local rent rules treat condos if you plan to rent.

At a glance

Where to look in Santa Clara County

Attached homes in this county are almost entirely a city product. Our guide to where to live in Santa Clara County compares cities by transit, water supplier and transfer tax.

• San Jose. The widest range in the county, from downtown towers to suburban townhome and condo complexes. See San Jose real estate. If you’re weighing a rental, our San Jose rent ordinance for investors page explains what is and isn’t covered.
• Santa Clara and Sunnyvale. Townhomes and condos, with Caltrain stations in both cities. See Santa Clara real estate and Sunnyvale real estate, with cost breakdowns in Santa Clara condo and townhome ownership costs and Sunnyvale condo and townhome ownership costs.
• Mountain View and Palo Alto. Condos and townhomes on the Peninsula side of the county; Mountain View charges a city transfer tax. See Mountain View real estate, our Mountain View condo and townhome guide and Palo Alto real estate.
• Milpitas. Townhome and condo communities, with a BART station. See Milpitas real estate.
• Campbell, Cupertino and Los Gatos. Condo and townhome options in smaller cities and the Town of Los Gatos. See Campbell real estate, Cupertino real estate and Los Gatos real estate.

What to check before you buy

The HOA disclosure package

California requires the seller to provide, as soon as practicable before title transfers or a sales contract is signed (Civil Code 4525):

1. Governing documents (CC&Rs, bylaws, rules).
2. The latest annual budget report and related disclosures under Civil Code 5300.
3. A statement of current regular and special assessments and any unpaid amounts on the unit.
4. Any unresolved violation notice.
5. Any approved assessment changes not yet due.
6. A statement describing any rental or leasing prohibition.
7. The most recent balcony and stairway inspection report.
8. On request, 12 months of approved board minutes, excluding executive session.

In large master-planned communities, you may have two associations (a master and a sub-association), each with its own budget and assessments. Ask for both packages. Our HOA documents guide explains how to read reserve disclosures.

Lender approval of the project

FHA insures loans on units in FHA-approved projects, or through Single-Unit Approval when the project isn’t approved, is complete with at least five units, isn’t a manufactured home project and meets a subset of HUD standards including owner-occupancy and financial condition (HUD). Check status on HUD’s FHA-approved condominium search.

Fannie Mae’s project screen applies to conventional financing. It treats as ineligible projects with more than 35% commercial or mixed-use space, pending HOA litigation (with exceptions), one entity owning more than 20% of units in a 21+ unit project, or critical repairs such as a failed mandatory safety inspection or unfunded repairs over $10,000 per unit due within 12 months (Fannie Mae Selling Guide B4-2.1-03). The commercial-space test matters in San Jose’s mixed-use buildings. See our jumbo loans guide and FHA vs. conventional loans.

Balconies, decks and stairways (SB 326)

Condo associations in buildings with three or more attached units must have a licensed structural or civil engineer or architect inspect a random, statistically significant sample of wood-supported balconies, decks, stairways, walkways and railings more than six feet above ground (Civil Code 5551). The first round was due by January 1, 2025 and repeats every nine years with the reserve study; buildings with a permit application on or after January 1, 2020 are due within six years of the certificate of occupancy. If the inspector finds an immediate threat to safety, the report goes to local code enforcement within 15 days and the association must restrict access until repairs are approved. The law covers wood-supported elements only, and the report’s first page shows how many elements were inspected.

Insurance

The budget report summarizes the association’s master policy, including earthquake coverage if any. Compare it with the CC&Rs to see what your own unit policy must cover, and read our earthquake insurance guide before you bind coverage.

Transfer taxes and renting

City transfer taxes

San Jose’s Measure E threshold changes with inflation, so check the current figure. Confirm the county documentary transfer tax and other cities’ taxes with the Santa Clara County Clerk-Recorder, and see our Santa Clara County city transfer taxes guide.

Renting out a condo

The HOA. An association can’t prohibit rentals or cap them below 25% of units, but may ban rentals of 30 days or less; owner-occupied units don’t count as rented (Civil Code 4741).

Rent limits. San Jose’s Apartment Rent Ordinance covers apartments in buildings of three or more units built and occupied before September 7, 1979, and exempts condominiums and townhomes (City of San Jose). State law also generally lets an owner set rent on a unit that can be sold separately, such as a condo, with exceptions (Civil Code 1954.52). Other city ordinances can still apply; San Jose’s page notes that several govern rental housing.

Short stays. City short-term rental rules weren’t verified for this page. Check the CC&Rs first, then the city’s code, and see our California short-term rental rules overview.

Questions people ask

Where are the condos in Santa Clara County?

Inside the cities: San Jose has the widest range, with townhome and condo communities across Santa Clara, Sunnyvale, Mountain View, Milpitas and Palo Alto and more options in Campbell, Cupertino and Los Gatos.

What HOA documents should I get before buying?

The Civil Code 4525 package: governing documents, budget report, assessment statement, violation notices, pending assessment changes, any rental restriction, the latest balcony inspection report and, on request, 12 months of minutes. Get the master association’s package too if there is one.

Can I use an FHA loan on a Santa Clara County condo?

Yes, if the project is FHA-approved or the unit qualifies for Single-Unit Approval. Check HUD’s list, and confirm the loan amount fits the county’s FHA limit with your lender.

Is there a transfer tax on San Jose condos?

San Jose’s Measure E applies to transfers from about $2 million (inflation-adjusted), at 0.75% to 1.5%. Confirm any base city tax with the city or the county recorder.

Are San Jose condos under rent control?

San Jose’s Apartment Rent Ordinance exempts condominiums and townhomes. Other city rental rules and state tenant law may still apply.

Can my HOA stop me from renting my condo?

Not entirely. Civil Code 4741 bars associations from prohibiting rentals or capping them below 25% of units, though they can ban stays of 30 days or less.

What is the SB 326 balcony inspection?

A Civil Code 5551 inspection of wood-supported balconies, decks and stairs in condo buildings with three or more attached units, at least every nine years. The report is part of the seller’s HOA package.

Sources & notes

1. California Civil Code 4525, 4741, 5551 and 1954.52
2. HUD, Condominium Mortgage Insurance and FHA-approved condominium search
3. Fannie Mae Selling Guide B4-2.1-03, Ineligible Projects
4. City of Mountain View, Real Property Transfer (Conveyance) Tax
5. City of San Jose, Measure E Real Property Transfer Tax
6. City of San Jose, Learn About Rent Stabilization

Statute text was read on a public mirror of the official code; links go to leginfo.legislature.ca.gov. The Santa Clara County Clerk-Recorder page we reviewed didn’t state the county transfer tax rate, so none is given here. San Jose’s base conveyance tax and other cities’ transfer taxes weren’t verified for this page. San Jose’s official short-term rental page couldn’t be loaded, so no city STR rules are stated. VA project approval runs through VA’s condo report; ask your VA lender. General information, not legal, tax or lending advice. Updated November 2026. Primary sources are linked in this guide.

Related: Santa Clara County real estate · Where to live in Santa Clara County · Buying a condo in California · HOA documents in California · Santa Clara County new construction