HOA ARCHITECTURAL APPROVALS IN CALIFORNIA: WHAT THE LAW REQUIRES AND HOW TO FIGHT BACK

OVERVIEW

HOA architectural approvals are one of the most common and abused sources of conflict between California homeowners and their boards. Whether you’re replacing windows, adding a patio cover, or upgrading your landscaping, you’re most likely going to need HOA approval before moving forward. And while some boards handle these requests promptly and fairly, many others turn the process into a nightmare.

The law does give HOAs the right to adopt and enforce architectural guidelines. Under Civil Code section 4765, HOAs must follow clear legal rules when reviewing architectural applications. They can’t deny your plans just because they don’t like them, they can’t take months to make a decision, and they can’t make up standards based on vague notions of “community harmony.” California Civil Code section 4765 draws a bright line: HOA architectural decisions must be reasonable, made in good faith, and based on actual standards that appear in the governing documents.

This article breaks down what Civil Code section 4765 requires, how to recognize the most common forms of abuse, and what to do if your HOA starts moving the goalposts. You’ll learn what qualifies as “unreasonable,” “arbitrary,” or “capricious” under California law—and how to defend your property rights when your board won’t follow the rules.

To hear a full discussion on the topic of architectural approvals in HOAs, tune in to my HOA HELL podcast. You’ll find a link to that episode by clicking by clicking “HOA Architectural Guidelines: What Homeowners Can (and Can’t) Do (Without Getting Denied).”

WHERE DOES THE HOA GET ITS ARCHITECTURAL AUTHORITY

The Davis-Stirling Act does not automatically give HOAs the right to control what homeowners build on their properties. That power must be granted by the governing documents, the most important of which are the CC&Rs.

Some CC&Rs expressly authorize architectural control and spell out the exact process homeowners must follow to get HOA approval. Others don’t mention architectural review specifically, but they grant the board broad authority to adopt operating rules. In the latter case, the architectural guidelines created by the HOA are legally valid as long as they are adopted properly, consistent with the CC&Rs, and meet the standards required by the Davis-Stirling Act.

That distinction matters. Architectural guidelines created under general rulemaking authority carry the same legal weight as any other HOA rule. But they cannot contradict the CC&Rs, they must be adopted with proper notice and opportunity for comment, and they must be enforced in a way that’s reasonable, non-arbitrary, and non-capricious.

So, either avenue is valid—i.e., power vested in the CC&Rs or as rules. But if the board can’t point to either a provision in the CC&Rs authorizing architectural review, or a properly adopted rule under their general rulemaking authority, then they don’t have legal grounds to deny a homeowner’s plans. As it turns out, however, virtually all HOAs in California are vested with the power to promulgate architectural guidelines, so this is almost never an issue.

HOA ARCHITECTURAL GUIDELINES: WHAT ARE THEY AND WHY DO THEY MATTER?

Most HOAs in California adopt architectural guidelines to help preserve the visual appearance and design consistency of the community. If not stated directly in the CC&Rs, those guidelines will be adopted by the board (or an architectural committee acting under delegated authority) and must comply with both the CC&Rs and Civil Code section 4350, which governs the creation of valid operating rules.

Architectural guidelines typically require homeowners to obtain written approval before altering the exterior of their homes or modifying visible features of their property. Common examples include:

• Exterior paint color.
• Structural modifications (e.g., room or floor additions).
• Roofing material and style.
• Window replacements and style.
• Garage doors and front-facing modifications.
• Landscaping, hardscape, and visible irrigation.
• Fences, walls, and patio covers.
• Lighting and security equipment.
• Sheds, awnings, greenhouses, or visible play structures.

Architectural guidelines are not just suggestions. Even though they may exist outside the CC&Rs, they carry the force of law in your HOA so long as they were adopted lawfully and do not conflict with higher-ranking documents. In the hierarchy of governing documents, architectural guidelines are treated the same as Rules & Regulations, which means they are binding if they satisfy the rulemaking requirements of Civil Code section 4350.

The moment your HOA begins denying or delaying architectural approvals, it is exercising discretionary power. And that power is limited by the Davis-Stirling Act, especially by Civil Code section 4765, which imposes strict procedural requirements and legal standards that override vague rules or board preferences. In short, your HOA board doesn’t have the power to make up aesthetic standards in an ad hoc manner. They must either rely on architectural language already in the CC&Rs or adopt guidelines that comply with the Davis-Stirling Act. Either way, those standards can only be enforced if they’re clear, reasonable, and consistent with state law.

CIVIL CODE § 4765: HOA ARCHITECTURAL REVIEW REQUIREMENTS

California Civil Code section 4765 is the centerpiece of architectural review law in common interest developments. It imposes strict procedural and legal standards on HOA boards and architectural committees when reviewing homeowner applications, and it’s the statute most commonly violated when boards get too “creative” with denials.

Under section 4765, all architectural decisions must be made in good faith and may NOT be:

• Unreasonable. This means the decision must make sense in light of the facts and the governing documents. A denial that defies logic, contradicts past approvals, or lacks justification in the rules will almost always be deemed unreasonable.
• Arbitrary. Architectural standards must be applied uniformly and rationally. Denials based on board member whim or vague concepts like “we just don’t allow that” are legally suspect and often unenforceable. The standards must also not be selectively applied, meaning that one homeowner can’t have his or her plans approved while another homeowner submitting substantially similar plans is denied.
• Capricious. If your HOA changes its position mid-process, flip-flops on approvals, or denies requests without any objective standard, that’s capricious, and it violates California law.

Civil Code section 4765 also imposes process requirements. Your HOA must:

• Act fairly, reasonably, and expeditiously. This means they can’t sit on your application, delay a decision indefinitely, or invent hurdles that don’t appear in the guidelines.
• Provide the decision in writing. No verbal approvals or casual email suggestions count. Denials must be delivered in writing by the board or committee.
• State the reasons for denial. The board can’t just stamp “denied” on your plans. They must explain which element is being denied and why, with reference to specific guidelines or CC&R provisions.

A lot of CC&Rs contain “auto-approval” provisions that state that a homeowner’s plans are automatically deemed approved, for example, if the board takes no action within a certain period of time (e.g., “if no action is taken within 45 days, the plans are deemed approved”). If your governing documents include an “auto-approval” clause and your HOA fails to act within that time frame, you have the legal right to proceed even without formal written consent.

HOA DENIED YOUR ARCHITECTURAL REQUEST? COMMON LEGAL RED FLAGS TO LOOK FOR

While the Davis-Stirling Act empowers HOAs to adopt and enforce architectural guidelines, they can only go as far as the governing documents permit them. Unfortunately, bad HOA boards often use this power to delay, deny, or manipulate the approval process even when homeowners comply with every published standard. Learning to recognize when your HOA has gone too far is critical in protecting your rights.

Here are five red flags that may indicate that your HOA is abusing its authority when it comes to architectural guidelines (keep in mind that many of these routinely cross over with each other):

• Vague aesthetic language. If your request is denied because it’s “not harmonious” or doesn’t “fit the character” of the neighborhood, but the board is either unable to articulate how, or won’t—or can’t—point to any specific rule or standard from the governing documents, there’s a good chance the denial is unenforceable. For example, if your HOA says your design “isn’t harmonious with the neighborhood” but can’t cite a specific rule or guideline that explains why, that’s a problem. The term “harmony” has no legal meaning without a clear standard behind it.
• Imposing restrictions not stated in the governing documents. Boards sometimes reject plans based on restrictions that don’t appear in any governing document. Your HOA can only enforce what’s actually in the CC&Rs, Rules, or architectural guidelines. If they try to block your project based on unwritten preferences or generalizations, they’re overreaching. For instance, if your HOA says sheds aren’t allowed, but there’s nothing in the CC&Rs or architectural guidelines prohibiting them, it’s likely that your HOA is exceeding its legal authority.
• Selective enforcement. If your request is denied for violating a rule that other homeowners have clearly violated without consequence, your HOA is engaging in selective enforcement, and that’s illegal under California law. For example, if your plans for a play structure in the backyard are denied but you know of other neighbors who have similar play structures (and situated in similarly plotted yards), then your HOA is engaging in selective enforcement.
• Punishing prior critics. Bad HOA boards love to deny architectural requests as a form of retaliation against “problem” homeowners (i.e., those who’ve criticized the board, opposed incumbents in elections, or spoken out in open meetings). If your plans are denied despite meeting all requirements, and you’ve previously butted heads with the board, your HOA may be guilty of retaliation, which is illegal. For example, after a public disagreement with a board member, you receive multiple rejections for minor changes that others routinely get approved. Such pretextual denials re unlikely to withstand scrutiny.
• Requiring preferred contractors. HOAs cannot legally deny an application just because the owner did not hire the HOA’s preferred contractor. Nor can boards require any homeowner to hire a specified contractor to make repairs on the member’s property (unless the HOA is paying for the work).

These tactics aren’t just unfair, they’re illegal. Civil Code section 4765 exists precisely to stop this kind of behavior. If your board refuses to follow its own rules or invents new ones on the fly, they’re not just acting unreasonably, they’re breaking the law.

BAD FAITH TACTICS BY YOUR HOA TO DELAY YOUR ARCHITECTURAL PLANS

Some bad HOAs know they can’t legally deny your application, so they resort to subtler tactics instead. Rather than issuing a clean rejection, for example, many HOAs will try to drag out the process to make it more expensive or time-consuming for the homeowner. Such conduct isn’t just frustrating, it’s almost always illegal. Civil Code section 4765 requires HOA architectural review to be fair, timely, and based on published standards.

Here are some of the most common interference tactics:

• Submission purgatory. You submit your application, and instead of a clear yes or no, the board keeps asking for “clarifications,” “additional plans,” or “further details.” The intent is to stall the process indefinitely without issuing a formal denial. This tactic is often used to avoid triggering a “deemed approved” provision in the governing documents.
• Post-approval sabotage. You receive written approval, begin construction, and then the board changes its mind, claiming your work didn’t match the approved plans or that “new information” has come to light. Unless your project deviates substantially from the submitted plans, these reversals are almost always unlawful.
• Shifting standards. Your application meets all published requirements, but the board suddenly decides to “reinterpret” existing guidelines or apply new ones retroactively. This is especially problematic when no formal amendment or adoption process occurred.
• Moving goalposts. The board denies your application but “helpfully” explains what you need to fix to gain approval. You revise your plans accordingly and resubmit, only to receive a new denial based on reasons that were never mentioned the first time. This pattern of changing objections mid-process is textbook bad faith.

Each of these tactics undermines the legal protections California grants homeowners. Architectural review is not supposed to be a game of attrition. When boards engage in these behaviors, they are not exercising discretion—they are violating the law.

WHAT TO DO IF YOUR HOA DENIES OR DELAYS ARCHITECTURAL APPROVAL

If your HOA rejects your architectural application, or engages in the stalling tactics described above, you should act immediately to protect your rights. You just need to do so by taking a strategic approach.

Start by getting everything in writing. This creates a paper trail that you can use later if the board refuses to comply with the law.

Here’s what to request:

• The specific reasons for the denial. Civil Code section 4765 requires the board to explain why they’re denying your request. A vague “not harmonious” response doesn’t cut it. The board must identify the exact provisions of the governing documents that support their denial.
• The most current version of the applicable architectural guidelines. If you don’t already have the version used to evaluate your request, ask for it. Many denials are based on outdated or inconsistent documents.
• The names of the board members or committee members who voted. California homeowners are entitled to know who approved, denied, or abstained from voting on their application. The board cannot hide behind anonymity.
• Whether the board acted within the required timeline. If your CC&Rs or architectural guidelines say the board must respond within 30, 45, or 60 days and they missed that deadline, your application might be deemed automatically approved. Check your documents and mark your calendar accordingly.

If you still don’t get what you need, you have options:

• Request Internal Dispute Resolution (IDR). California law entitles you to a free, face-to-face meeting with at least one board member. If you request it in writing, the board must comply. There’s no cost, no lawyers, and no excuse for delay. You should only pursue this option if you think it will be worth your time.
• Talk to a qualified HOA attorney. If the board is acting in bad faith, shifting standards, or retaliating against you, and your efforts to convince them have failed, then it may be time to call us at MBK CHAPMAN. Architectural abuse is a serious violation, and it’s one that can often be stopped with a single demand letter from us.

These steps can often resolve the problem without escalation. But even if they don’t, they’ll put you in the strongest legal position possible if you need to escalate things by hiring an attorney.

CONCLUDING THOUGHT

The Davis-Stirling Act doesn’t let HOA boards deny architectural applications on a whim. Civil Code section 4765 requires reasonableness, transparency, and consistency, and bad HOA boards that ignore those standards can and should be held accountable.

If your HOA is moving the goalposts, rejecting valid plans, or relying on vague aesthetic language to deny your request, it isn’t just unfair, it’s likely illegal. The law limits board discretion for a reason, and the courts have made clear that boards don’t get to invent authority they weren’t given.

Don’t let your board delay you, drain your wallet, or dictate the look of your home without following the law. If your efforts to resolve the matter fail, call us at MBK CHAPMAN, and we’ll set your HOA straight.

 

AND DON’T FORGET TO TUNE INTO MY PODCAST, HOA HELL