Fremont, CA HOA Rules: Architectural Review (2026)
Key Facts
- Procedure statute
- Civil Code 4765
- Solar protection
- CC 714 Solar Rights Act
- Low-water landscape
- CC 4735 protects drought plants
- EV charging
- CC 4745 owner rights
- Decision timing
- Typically 30-60 days
Summary
Fremont HOA architectural committees must follow Civil Code 4765 fair procedures and cannot prohibit solar panels (CC 714) or low-water landscaping (CC 4735).
Civil Code - CIV, Section 714.
(a) Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of, or any interest in, real property, and any provision of a governing document, as defined in Section 4150 or 6552, that effectively prohibits or restricts the installation or use of a solar energy system is void and unenforceable.
(b) This section does not apply to provisions that impose reasonable restrictions on solar energy systems. However, it is the policy of the state to promote and encourage the use of solar energy systems and to remove obstacles thereto. Accordingly, reasonable restrictions on a solar energy system are those restrictions that do not significantly increase the cost of the system or significantly decrease its efficiency or specified performance, or that allow for an alternative system of comparable cost, efficiency, and energy conservation benefits.
(e)(1) Whenever approval is required for the installation or use of a solar energy system, the application for approval shall be processed and approved by the appropriate approving entity in the same manner as an application for approval of an architectural modification to the property, and shall not be willfully avoided or delayed.
(2) For an approving entity that is an association, as defined in Section 4080 or 6528, and that is not a public entity, both of the following shall apply:
(A) The approval or denial of an application shall be in writing.
(B) If an application is not denied in writing within 45 days from the date of receipt of the application, the application shall be deemed approved, unless that delay is the result of a reasonable request for additional information.
(f) Any entity, other than a public entity, that willfully violates this section shall be liable to the applicant or other party for actual damages occasioned thereby, and shall pay a civil penalty to the applicant or other party in an amount not to exceed one thousand dollars ($1,000).
(g) In any action to enforce compliance with this section, the prevailing party shall be awarded reasonable attorney's fees.
Full Breakdown
HOA architectural review procedures in Fremont are governed by California Civil Code 4765 which requires written procedures available to members, notice to owners of decisions, and a fair right to be heard. Decisions must be made in good faith, not arbitrarily, and consistent with the CC&Rs and design guidelines. Under Civil Code 714 (Solar Rights Act), an HOA cannot unreasonably restrict solar energy systems on a home; restrictions that significantly increase cost or decrease efficiency are void. Civil Code 4735 prohibits HOAs from restricting low-water-using plants and synthetic turf where permitted. AB 1764 protects installation of EV charging stations under CC 4745. Architectural committees must rule on complete applications within a reasonable time, typically 30-60 days depending on the CC&Rs.
Frequently Asked Questions
Can my HOA deny my solar panel application?
What if the architectural committee doesn't respond?
Sources & Official References
Other rules in Fremont
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