Your HOA Can Regulate Your Remodel, But the Rules Must Be Reasonable

Most California HOAs have the power to regulate how you remodel, landscape, or modify your property. But under Civil Code § 4765, that power has strict limits. 

Your HOA can’t deny your application based on vague aesthetics, personal preferences, or unwritten standards. Their rules must be published in the governing documents, and their decisions must be reasonable, consistent, and backed by clear written explanations. That includes citing the specific governing document-based provision that supports any denial by the HOA. 

✅ Architectural standards must be reasonable. They cannot be arbitrary or inconsistent.

✅ All denials must be in writing and reference provisions of the governing documents supporting a denial of your plans.

✅ Boards cannot move the goalposts or make up rules as they go. 

If your board is dragging its feet, applying double standards, or refusing to explain the basis of its denial of your plans, they’re not just being difficult, they’re violating California law. 

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Disclaimer:  

This content constitutes attorney advertising.  

The content of this podcast is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by listening to this podcast, submitting a question, or receiving a response. Always consult with a licensed attorney regarding your specific legal situation. MBK Chapman and Michael Kushner disclaim any liability for actions taken or not taken based on the information provided in this podcast.  

This communication does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.  

About:  

Michael Kushner is the attorney who pioneered this niche area of the law—representing homeowners in disputes with their HOAs—in California. He created and taught the systems now used by the biggest law firms in the state focused on HOA litigation. Through his firm, MBK Chapman, and now through HOA HELL, Kushner continues to give homeowners practical legal tools to fight back. 

#HOAArchitecture #CivilCode4765 #ArchitecturalGuidelines #CaliforniaHOALaw #DavisStirlingAct #michaelkushner #mbkchapman #badhoa #lscarlsonlaw #lukecarlson 

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