San Bernardino, CA HOA Rules: Architectural Review (2026)
Key Facts
- Governing Law
- CA Civil Code 4765
- Written Denial
- Required
- Appeal Right
- Required
- Solar Preemption
- Civil Code 714
- Native Plants
- Civil Code 4735
Summary
San Bernardino HOA architectural review follows CA Civil Code 4765. Reviews must be fair, decisions delivered in writing, and denials carry an appeal right. State law preempts bans on solar and native plants.
4765. (a) This section applies if the governing documents require association approval before a member may make a physical change to the member's separate interest or to the common area. In reviewing and approving or disapproving a proposed change, the association shall satisfy the following requirements: (1) The association shall provide a fair, reasonable, and expeditious procedure for making its decision. The procedure shall be included in the association's governing documents. The procedure shall provide for prompt deadlines. The procedure shall state the maximum time for response to an application or a request for reconsideration by the board. (2) A decision on a proposed change shall be made in good faith and may not be unreasonable, arbitrary, or capricious. (3) Notwithstanding a contrary provision of the governing documents, a decision on a proposed change may not violate any governing provision of law, including, but not limited to, the Fair Employment and Housing Act [...], or a building code or other applicable law governing land use or public safety. (4) A decision on a proposed change shall be in writing. If a proposed change is disapproved, the written decision shall include both an explanation of why the proposed change is disapproved and a description of the procedure for reconsideration of the decision by the board. (5) If a proposed change is disapproved, the applicant is entitled to reconsideration by the board, at an open meeting of the board. [...] (c) An association shall annually provide its members with notice of any requirements for association approval of physical changes to property.
Full Breakdown
Under California Civil Code 4765, any HOA exercising architectural review authority must adopt written procedures that require requests to be in writing, the association to provide notice of receipt, a decision within a specified period, written reasons for denial, and an appeal right to the full board. Decisions cannot be arbitrary, capricious, or in violation of the governing documents. The board cannot delegate final approval solely to a single member or a management company without a right of appeal. The association must annually notify members of the architectural application process under Civil Code 4765.
2 limits HOA authority to block accessory dwelling units. Denials that conflict with these statutes are unenforceable. Owners who prevail in Superior Court can recover reasonable attorney fees under Civil Code 5975. Internal dispute resolution under Civil Code 5900 must be offered before litigation.
Frequently Asked Questions
Can my HOA deny solar panels in San Bernardino?
What if the HOA ignores my architectural application?
Sources & Official References
Other rules in San Bernardino
California rules heatmap·Compare San Bernardino to another location·View the California hoa rules overview
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Architectural Review in Nearby Cities
How other cities in San Bernardino County handle architectural review.