Santa Ana HOA architectural review is governed by CA Civil Code Sec. 4765, with a 60-day review deadline and state preemptions protecting solar, native plants, and EV chargers.
Under CA Civil Code Sec. 4765, homeowners must generally submit written requests to the HOA architectural review committee before making exterior modifications. The committee must provide a written decision within 60 days or the request is deemed approved. Decisions must be made in good faith and consistent with the governing documents. California state law preempts HOA restrictions in several key areas: Sec. 4746 prohibits HOAs from banning drought-tolerant landscaping and native plants, Sec. 4750.10 prevents restrictions that effectively prohibit solar energy systems, and Sec. 4745.1 protects the right to install electric vehicle charging stations. AB 1572 (effective 2024) expanded protections for water-efficient landscaping. HOAs may not require natural grass in common or exclusive-use areas. Architectural standards must be applied uniformly to all members, and selective enforcement may be challenged through IDR or civil action.
Homeowners who modify property without committee approval may face fines per the CC&Rs. However, HOA restrictions that conflict with state preemptions are void and unenforceable. Under AB 130, most HOA fines are capped at $100 per violation unless safety or property damage is involved.
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