California's Davis-Stirling Act governs HOA architectural review. Under Civil Code Section 4765, associations cannot prohibit solar energy systems or electric vehicle charging stations. Architectural review decisions must be made in good faith and not be arbitrary. CC&Rs set specific standards for each community.
Under California Civil Code, HOA architectural review authority is governed by the association's CC&Rs and the Davis-Stirling Act. Section 4765 prohibits associations from effectively restricting the installation of solar energy systems, and Section 4745 protects electric vehicle charging station installations. Section 4750 limits the ability of associations to restrict drought-tolerant landscaping and synthetic turf installations. AB 1584 (2024) further limits HOA restrictions on certain exterior modifications. The architectural review committee (ARC) must apply standards consistently and may not make arbitrary or capricious decisions. Associations must respond to architectural applications within 60 days or the application is deemed approved under many CC&Rs. San Diego does not have municipal regulations governing HOA architectural review; state law applies exclusively. For properties in the Coastal Zone, the California Coastal Commission may impose additional exterior modification requirements independent of the HOA.
Denial of a protected modification (solar, EV, drought-tolerant) may result in civil liability. Unreasonable restrictions may be challenged in court with attorney fees recoverable by the prevailing party.
San Diego, CA
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San Diego, CA
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San Diego, CA
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San Diego, CA
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San Diego, CA
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San Diego, CA
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See how San Diego's architectural review rules stack up against other locations.
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