Overview
When your HOA denies your architectural application, whether for a remodel, addition, or even a simple exterior change, it can feel personal. But California law does not allow HOAs to act on personal preference. Under Civil Code 4765 of the Davis-Stirling Act, every architectural decision must be made fairly, reasonably, and in good faith, using only the written standards found in the governing documents.
This Fact Sheet explains what to do when your HOA issues an unreasonable denial, delays beyond the time allowed, or changes the rules after you apply. It outlines your rights to demand an explanation, appeal or challenge bad decisions, and use dispute-resolution tools to compel compliance with the Davis-Stirling Act.
For quick-reference guides to related topics, see my companion Fact Sheets: “California HOA Architectural Approvals: What Civil Code 4765 Really Requires” and “California HOA Architectural Guidelines: What Boards Can and Can’t Control.”
Key Points
A denial by your HOA is not always the final word. The Davis-Stirling Act gives homeowners multiple ways to challenge or appeal improper architectural decisions. The following steps explain how to recognize illegal denials, document violations, and enforce your rights under Civil Code 4765 (and Civil Code 4350).
- Confirm that your HOA properly denied your application. Civil Code 4765 requires all architectural decisions to be in writing. A vague or verbal denial is not legally valid. The denial must also state the specific reasons for the decision and cite the particular rules or guidelines the board relied on. If your HOA cannot or will not produce a detailed written explanation, the decision may be unenforceable.
- Check the timeline. Architectural decisions must be made in a fair, reasonable, and expeditious manner. If your CC&Rs include an auto-approval clause, such as approval being deemed granted if no response is issued within a certain timeframe (e.g., 30 or 45 days), failure to meet that deadline may mean your project is legally approved by default.
- Compare your denial to the standards used for others. Selective enforcement violates the Davis-Stirling Act. If other homeowners received approval for similar plans but your request was denied, gather proof of inconsistency. Take photos, review prior meeting minutes, or request copies of minutes reflecting past approvals under Civil Code 5200.
- Demand written clarification and the governing documents relied on. Ask for the specific version of the architectural guidelines or rules used to evaluate your application. Civil Code 4765 requires decisions to be consistent with written standards that were properly adopted (i.e., compliance with Civil Code 4350). If the HOA relied on unwritten or retroactive standards, the denial is legally defective.
- Demand reconsideration. Civil Code 4765(a)(5) requires your HOA to reconsider the denial of your plans during an open meeting of the board. If your HOA refuses to reverse an improper denial, demand IDR under Civil Code 5910. When a homeowner requests IDR in writing, the HOA is legally required to participate. This meeting allows you to present documentation showing why the board’s denial was unreasonable or inconsistent with Civil Code 4765.
- Hire MBK Chapman to pursue ADR. If neither reconsideration nor IDR resolve the dispute, or if your HOA refuses to comply with the law, Civil Code 5930 may require mediation in the form of ADR, before you can file a lawsuit. Mediation provides a structured way to compel the HOA to reconsider or settle the dispute without litigation. As I discussed in a recent “short” episode of my podcast, HOA HELL, titled “What’s the Difference Between a ‘Regular’ Demand Letter and an ADR Demand Letter?,” ADR can be complicated. Homeowners should have skilled legal counsel to navigate the process effectively. My attorneys (including those at MBK Chapman) have guided thousands of homeowners through ADR, and in most cases, we have successfully reached settlements that resolved disputes without the need for litigation.
- File a lawsuit. If your HOA continues to violate Civil Code 4765, you can compel their compliance by filing a lawsuit. Courts can issue injunctions compelling compliance and award attorney’s fees and costs to prevailing homeowners. In cases involving willful misconduct or selective enforcement, money damages may also be recoverable.
Homeowners who understand how Civil Code 4765 works can challenge illegal denials, document bad faith, and use IDR, ADR, or litigation to hold HOAs accountable for violating the law.
FAQs
Does my HOA have to give a written reason for denying my architectural application?
Yes. Civil Code 4765 requires written notice with specific reasons and citations to the rules or guidelines used. A simple denial without explanation is not legally sufficient.
How long does my HOA have to respond to my architectural application?
HOAs must make decisions in a fair, reasonable, and expeditious manner. Many CC&Rs specify a 30 or 45 day deadline. If the board misses that deadline and your CC&Rs include an auto-approval clause, your application may be deemed approved.
Can my HOA deny my architectural application based on vague aesthetic concerns?
No. HOAs cannot rely on vague aesthetic terms like “harmony” or “community character” unless those terms are clearly defined in adopted guidelines consistent with Civil Code 4350. When boards try doing that, they run afoul of the prohibitions against acting arbitrarily or capriciously.
What should I do if the HOA refuses to provide the rules it used to deny my architectural application?
Submit a written records request under Civil Code 5200, which entitles members to inspect association records, including the architectural guidelines in effect at the time of the decision. Refusal to provide them violates the Davis-Stirling Act and subjects your HOA to stiff statutory penalties, as well as your attorney’s fees and costs. If you’re interested, read my article on the power of Civil Code 5200, “Forcing HOA Transparency: The Power of Civil Code § 5200 to Demand Records.”
Is IDR required before I can sue my HOA?
No. Homeowners are not required to engage in IDR, but if you request it in writing, Civil Code 5910 requires your HOA to participate. IDR can often resolve disputes without court involvement. You’re also entitled to reconsideration during an open meeting.
What if IDR and ADR don’t work?
If your HOA refuses to comply with Civil Code 4765 or fails to act in good faith, you can file a lawsuit to compel compliance and recover attorney’s fees and costs. Courts will overturn HOA denials that are unreasonable, arbitrary, or unsupported by the governing documents.
About MBK Chapman Fact Sheets
Homeowners searching for answers online will often come across articles that appear authoritative, but are actually written as search-engine marketing content rather than by an experienced HOA lawyer. These pieces tend to prioritize keyword density over clarity, accuracy, or legal context, which often leaves homeowners more confused than informed.
At MBK Chapman, our Fact Sheets are part of our HOA Law Library and are written by Michael Kushner, an HOA lawyer with decades of hands-on experience representing California homeowners. In fact, Michael Kushner is the HOA lawyer who pioneered the systems and strategies used by some of California’s most successful homeowner-side HOA law firms.
Each Fact Sheet is deliberately concise, statute-based, and designed as a quick-reference guide to help homeowners understand key HOA laws and enforcement rules at a glance.
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