Overview

Architectural approvals are one of the most common (and most abused) sources of conflict between California homeowners and their HOAs. Whether you’re replacing windows, adding a patio cover or pergola, or updating your landscaping, most HOAs require prior written approval before any visible change is made to your home.

Under Civil Code 4765, HOAs must follow strict legal standards when reviewing homeowner applications. They cannot deny your plans simply because they “don’t like them,” delay indefinitely, or invent new standards on the fly. The Davis-Stirling Act requires every architectural decision to be reasonable, made in good faith, and based on published standards that appear in the governing documents.

This Fact Sheet explains what Civil Code 4765 actually requires, what qualifies as unreasonable, arbitrary, or capricious, and how homeowners can recognize and respond to illegal denials, shifting standards, or stalling tactics by their HOA.

For a deeper dive into this topic, see my full article “Can a California HOA Deny Your Remodel? What the Law Actually Says About Architectural Approvals.” You can also listen to or watch an episode of my podcast, HOA HELL, entitled “HOA Architectural Guidelines: What Homeowners Can (and Can’t) Do (Without Getting Denied).”

Key Points

Architectural approvals are meant to ensure uniformity and protect property values, not to give HOA boards unlimited discretion. The following key points explain what Civil Code 4765 requires, where HOAs from HELL often overstep, and how homeowners can respond when architectural control turns into abuse.

• Architectural authority must come from the governing documents. HOAs do not automatically have the power to regulate exterior design. That authority must appear in the CC&Rs or in properly adopted rules under Civil Code 4350. If the board can’t point to either source, it has no legal grounds to deny your plans.
• Architectural guidelines are binding only if lawfully adopted. Guidelines created under the board’s general rulemaking authority carry the same weight as any other rule but must meet Civil Code 4350 requirements. This means proper notice to the membership, opportunity for comment, and consistency with the CC&Rs and the Davis-Stirling Act.
• Civil Code 4765 requires reasonableness, good faith, and consistency. HOAs must apply standards uniformly and base decisions on objective, published criteria—not personal preferences or vague terms like “harmony” or “neighborhood character.” Denials that rely on subjective opinions without specific citations to the governing documents are legally suspect.
• Boards must issue written decisions with reasons stated. Civil Code 4765 requires that every approval or denial be delivered in writing. A simple “denied” stamp isn’t enough. The HOA must explain what portion of the proposal violates which specific rule or guideline.
• Delays can equal denials. The statute requires decisions to be made “in a fair, reasonable, and expeditious” manner. If your CC&Rs contain an “auto-approval” clause (e.g., approval is deemed granted if no response is issued within 30 or 45 days), then inaction by the HOA may automatically constitute an approval of your plans.
• HOAs cannot act unreasonably, arbitrarily, or capriciously. Boards must evaluate architectural requests using the same objective criteria for every homeowner and base their decisions on documented standards. When boards deviate from those standards or apply them inconsistently, their conduct becomes legally vulnerable. Under 4765, the words “unreasonable,” “arbitrary,” and “capricious” have specific meanings:
  • Unreasonable means the decision defies logic or the governing documents. The HOA denies a homeowner’s request to replace an old wooden fence with a new one of the same style and color, claiming it “alters the community aesthetic.” The denial contradicts prior approvals for identical fences and has no basis in any written rule.
  • Arbitrary means inconsistent or based on favoritism. Two homeowners submit the same plan for a patio cover, but the board approves one and denies the other because one homeowner is friendly with a board member. Unequal application of identical rules is textbook arbitrariness.
  • Capricious means the board changes standards or reverses decisions without reason. The board approves a homeowner’s exterior paint color, then months later orders them to repaint because a new committee “changed its mind.” This flip-flop violates the good-faith consistency requirement of Civil Code 4765.
• Common legal red flags. Vague aesthetic terms and inconsistent enforcement are the most obvious signs that a board has exceeded its authority. Homeowners should watch for:
  • Vague or aesthetic-only denials (“not harmonious,” “not consistent with the neighborhood”).
  • Imposing rules not found anywhere in the CC&Rs or guidelines.
  • Selective enforcement (e.g., approving some neighbors’ plans while rejecting identical ones).
  • Retaliation against homeowners who previously criticized the board.
  • Requiring use of “preferred” contractors not listed in the governing documents. A board tells you that only one landscaper can be used for front-yard projects. Unless that restriction appears in your CC&Rs or was properly adopted under Civil Code 4350, it’s unenforceable.
• Bad faith tactics that violate Civil Code 4765. Bad HOA boards know they might not be able to legally deny your plans outright, so they delay or confuse the process instead. These tactics are intended to frustrate homeowners into giving up, but each one violates the requirement of timely, good-faith decision-making. Such tactics include things like:
  • Submission purgatory. Repeated requests for “clarifications” instead of an answer. The board keeps asking for “updated renderings” or “more measurements” every few weeks to avoid issuing a denial within the 45-day auto-approval period.
  • Post-approval sabotage. Granting approval, then reversing the decision mid-project. After approving your backyard pergola, the HOA later sends a notice claiming it was “approved in error” and orders demolition.
  • Shifting standards. Suddenly “reinterpreting” guidelines or applying new ones after you apply. You meet all published color standards, but the board introduces a new “neutral tones only” rule after your submission.
  • Moving goalposts. Denying revised plans for reasons never raised the first time (piecemeal rejections). After you fix the items identified in your initial denial, the board issues a new rejection citing totally different issues, showing a pattern of bad faith.
• If denied, act immediately and get everything in writing. Homeowners should build a paper trail the moment the HOA denies or delays an application. Request:
  • The specific reasons for denial (with references to the governing documents).
  • The version of the guidelines used to evaluate your request.
  • The names of board or committee members who voted.
• Next steps for homeowners. Homeowners have multiple ways to push back against architectural abuse without immediately resorting to litigation.
  • Request Internal Dispute Resolution (IDR). The HOA must meet with you if you ask in writing (Civil Code 5915).
  • If that fails, request Alternative Dispute Resolution (ADR), which in HOA cases like this means mediation (e.g., Civil Code 5930).
  • If the board still refuses to follow Civil Code 4765, talk to a qualified HOA attorney (like the ones at MBK CHAPMAN). In many cases, a single demand letter from us can stop the abuse or force compliance.

Homeowners who understand Civil Code 4765 can identify illegal denials, document board misconduct, and use IDR, ADR, or court action to hold their HOA accountable.

FAQs

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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