Santa Clara County HOA architectural review runs under Civil Code 4765. Owners submit written applications and receive written decisions, and associations must apply fair and consistent standards.
Civil Code 4765 governs architectural review in California common interest developments. Every HOA that regulates physical changes to separate interests, such as paint color, roof material, landscaping, solar panels, and additions, must have a written architectural review procedure disclosed in the CC and Rs or adopted rules. An owner application must be acknowledged in writing, reviewed against the published standards, and decided within the timeframe stated in the governing documents or a reasonable time not to exceed the period adopted under 4765. If the application is denied the decision must be in writing, explain the reasons, and inform the owner of the right to appeal to the board or request Internal Dispute Resolution under Civil Code 5900. The committee must apply standards in good faith, consistent with governing documents, and must not discriminate on protected-class grounds. Civil Code 4753 protects solar installations and prohibits architectural standards that make a solar system significantly more expensive or less efficient, which is especially important in Silicon Valley communities with sun-oriented roofs. Civil Code 4735 protects native and drought-tolerant plant landscaping from aesthetic rejection. Final decisions by the committee are reviewable by the board, then by Superior Court in Santa Clara County. Willful failure to respond can itself be a violation subject to up to 500 dollars in statutory damages.
Contact your local code enforcement office for specific penalty information.
See how Santa Clara County's architectural review rules stack up against other locations.
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