Homeowners associations (HOAs) are designed to maintain uniformity and aesthetic standards within a community, often by enforcing architectural guidelines. If you’re a homeowner in California, understanding the HOA architectural review process is important, especially if you want to make exterior modifications to your property.
This article provides general information about rights and responsibilities that may apply under California law, common approval procedures, and options that may be available when an HOA denies a request.

Understanding HOA Architectural Review in California

HOAs use architectural review processes to help maintain the visual appeal and property values of a community. These processes are intended to ensure that changes to the exterior of homes—such as paint colors, landscaping, or structural modifications—align with the community's governing documents, including architectural guidelines and aesthetic standards. However, homeowners may encounter challenges when proposed changes are denied or delayed.
In California, the HOA is typically responsible for enforcing these rules through an Architectural Review Committee (or similar body) or the Board of Directors. If you are thinking about making modifications to your property, you will likely need to submit an architectural application and go through the HOA’s approval process. Under the Davis-Stirling Common Interest Development Act, architectural review procedures must comply with certain statutory requirements, including requirements related to how decisions are made and communicated.

Key Legal Protections for Homeowners

California provides several protections for homeowners when it comes to HOA architectural reviews. These may include statutory requirements for decision-making and a process for addressing disputes if procedures are not followed.

Under California Civil Code section 4765, an association generally must provide a written decision on a completed architectural application within 45 days (unless the governing documents provide a shorter period). If an association does not provide a timely written decision, the application may be deemed approved under the statute, subject to statutory conditions.

Under the California Civil Code, architectural and design restrictions are generally required to be reasonable, and associations must follow their established procedures in reviewing requests. In some situations, homeowners may be able to challenge an architectural denial—for example, where the decision appears inconsistent with the governing documents or applicable law.

Moreover, some laws, such as California’s Solar Rights Act, limit how an HOA can restrict solar energy systems, helping homeowners access renewable energy while still allowing an association to impose certain reasonable restrictions consistent with the statute.

Common HOA Architectural Guidelines

HOAs typically enforce architectural guidelines that regulate exterior modifications, such as:
Paint Colors: Some communities have specific rules regarding the colors homeowners can use for the exterior of their homes. These guidelines often aim to maintain visual harmony and consistency throughout the neighborhood.
Landscaping: Landscaping modifications, such as the installation of fences, plants, or trees, often require HOA approval to help preserve the community’s appearance and to address related maintenance or drainage concerns.
Additions and Structural Changes: Building a new structure, adding a deck, or making other significant changes to the home's exterior typically requires approval. This is generally intended to confirm the changes align with the HOA’s architectural standards.
These guidelines are generally designed to balance the interests of individual homeowners with the need for a cohesive community. However, there are limits to what an HOA can enforce, and restrictions are generally required to be reasonable.

The HOA Architectural Approval Timeline

Once a homeowner submits an architectural request, the HOA must respond within a reasonable timeframe. Under California Civil Code section 4765, an HOA generally must provide a written decision on a completed application within 45 days (unless the governing documents provide a shorter period). If an HOA fails to provide a timely written decision, the application may be deemed approved under the statute, subject to statutory conditions.
However, delays and disputes can occur, and some disagreements are addressed through alternative dispute resolution methods before litigation.

Challenging an HOA Architectural Denial

If your HOA denies an architectural modification request, you may have options to address the decision. California law provides procedures that may apply depending on the circumstances, the governing documents, and the nature of the dispute:
Request a Formal Review: Homeowners may be able to request a formal review or appeal of the decision by the Architectural Review Committee or HOA Board if the governing documents provide for it.
Mediation and Dispute Resolution: The Davis-Stirling Act includes requirements related to alternative dispute resolution (ADR) in certain disputes and encourages resolution efforts before litigation.
Legal Action: If a dispute cannot be resolved, homeowners may pursue legal action in appropriate cases. Depending on the facts, this could include claims that the association did not follow required procedures or that the decision violated applicable laws (for example, certain fair housing laws or the Solar Rights Act).

Solar Panel Rights in California HOAs

One of the most significant areas where homeowners often face challenges is the installation of solar panels. California’s Solar Rights Act limits the ability of an HOA to unreasonably restrict the installation of solar energy systems. While HOAs can impose certain restrictions related to safety, maintenance, and aesthetics, those restrictions generally must comply with statutory limits.
Homeowners wishing to install solar panels typically must still go through the HOA’s architectural review process. HOA decisions about solar energy system applications are evaluated under the standards and limitations set by the Solar Rights Act and related provisions.

Reasonable Architectural Controls and Aesthetic Standards

While HOAs have the right to enforce architectural controls to preserve the aesthetic harmony of the community, these rules generally must be clear enough to be applied consistently and must be reasonable. Associations also must comply with anti-discrimination and fair housing laws when making and enforcing decisions.
California law generally requires that architectural restrictions be reasonable and that associations follow their established procedures. Where an architectural review process is applied inconsistently, dispute-resolution procedures under the governing documents and California law may be relevant.

How LS Carlson Law Can Help

Navigating HOA architectural reviews can be challenging. LS Carlson Law represents clients in California HOA matters, including disputes involving architectural applications, enforcement issues, and Davis-Stirling compliance.
This article is for general educational information only and is not legal advice.