Berkeley HOA architectural review committees must follow Davis-Stirling rules for fair, timely decisions and cannot prohibit solar, EV charging, low-water landscaping, or accessory dwellings protected by state law.
Under Civil Code 4765, HOA architectural review must be conducted in good faith, decisions must be made within a reasonable time, and denial must cite specific standards in the governing documents. Owners are entitled to a written decision and an appeal process. State law overrides HOA restrictions on several improvements: Civil Code 714 protects solar energy systems, Civil Code 4745 protects EV charging stations, Civil Code 4735 protects low-water landscaping and artificial turf, and Civil Code 4751 prohibits banning accessory dwelling units where state law permits them. HOAs can impose reasonable placement and aesthetic standards but cannot effectively prohibit these uses. Berkeley city permits may still apply regardless of HOA approval.
Contact your local code enforcement office for specific penalty information.
See how other cities in Alameda County handle architectural review.
See how Berkeley's architectural review rules stack up against other locations.
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