California Civil Code 4765 requires HOA architectural committees to use fair, reasonable procedures with written decisions, deadlines, and appeal rights, applying to San Bernardino County communities.
California Civil Code 4765, part of the Davis-Stirling Act, governs architectural review committee procedures for homeowner associations throughout San Bernardino County including large master-planned communities in Chino Hills, Etiwanda, Rancho Cucamonga, Victorville, and Fontana. HOAs must provide fair, reasonable, and expeditious procedures for reviewing applications for physical changes to a lot, home, or exterior. Procedures must be in writing and available to members. Applications must receive a written decision within the timeframe specified in governing documents, and any denial must state reasons in writing with reference to specific rules or guidelines violated. Members denied approval have the right to appeal to the board or an independent committee. Civil Code 4735 specifically limits HOA authority over native and drought-tolerant landscaping, preventing bans on low-water plants during drought declarations. Civil Code 714 prevents HOAs from banning solar energy systems though reasonable placement restrictions that do not significantly increase cost or decrease efficiency are allowed. Many San Bernardino County HOAs maintain detailed design guidelines covering paint colors, roofing materials, fences, and landscaping that must be consistent with state law limits.
Contact your local code enforcement office for specific penalty information.
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