Fontana HOAs must follow Davis-Stirling architectural review rules (Civil Code 4765) requiring written procedures, fair decisions, appeal rights, and respect for state law exemptions like solar.
Under California Civil Code 4765, homeowners associations with architectural approval authority must adopt and distribute procedures that ensure fair and consistent application of guidelines. Procedures must include a process for member applications, written decisions within a reasonable time, written explanation of denials, and an appeal mechanism. Boards cannot unreasonably withhold approval. State law preempts HOA authority in several areas: solar energy systems (Civil Code 714 and 714.1), electric vehicle charging stations (Civil Code 4745), ADUs and junior ADUs (Civil Code 4751), water-efficient landscaping during drought emergencies (Civil Code 4735), artificial turf (Civil Code 4735), and personal agriculture (Civil Code 4750). Even protected modifications may be subject to reasonable aesthetic guidelines that do not significantly increase cost or decrease efficiency. Fontana HOAs must keep written decisions on file and report annual architectural decisions to members.
Contact your local code enforcement office for specific penalty information.
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