California HOA Architectural Review Demand Letter | 60-Day Deemed Approval & Solar Rights

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60-Day Deemed Approval

HOA failed to respond to your architectural application within 60 days—your project is automatically approved under Civil Code 4765.

CC 4765 Automatic Approval No Response Proceed Rights

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Solar Panel Rights

HOA cannot prohibit or unreasonably restrict solar energy systems. California's Solar Rights Act (CC 714) provides strong protections for homeowners.

CC 714 Solar Rights Act $1,000 Penalty 10% Cost Cap

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EV Charging Stations

HOA cannot prohibit or unreasonably restrict electric vehicle charging station installation under Civil Code 4745 and 4750.10.

CC 4750.10 CC 4745 Installation Rights Cost Limits

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Arbitrary Denials

HOA denying your application without stated reasons, based on personal preferences, or applying standards inconsistently across the community.

Written Reasons Consistency Standards Bad Faith

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Retroactive Enforcement

HOA demanding removal of improvements that were previously approved, grandfathered, or existed before current standards were adopted.

Grandfathering Prior Approval Estoppel Defense

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Flag & Sign Rights

HOA restricting your right to display the American flag, political signs, or other protected displays under Civil Code 4705-4710.

CC 4705 CC 4710 American Flag Political Signs

California Architectural Review Laws

While HOAs have authority to maintain community aesthetics through architectural review, California law places significant limits on that authority to protect homeowner rights—especially for solar panels, EV charging, and other protected improvements.

                Key Protection: Under Civil Code 4765, if your HOA fails to approve or disapprove your architectural application within 60 days of submission, your application is "deemed approved." This means you can proceed with your project even without a written approval.
            

Applicable Statutes

Civil Code 4765

60-day deemed approval: If HOA fails to provide written decision within 60 days, application is automatically approved. HOA cannot later reverse.

Civil Code 714

Solar Rights Act: HOA cannot prohibit solar energy systems. Any restrictions cannot decrease efficiency by more than 10% or increase cost by more than $1,000.

Civil Code 4750.10

EV charging stations: HOA cannot prohibit installation in owner's designated parking space. Limits HOA's ability to impose conditions.

Civil Code 4745

EV charging in common areas: Requirements for HOA policies on EV charging, including cost allocation and installation standards.

Civil Code 4705

Flag display: HOA cannot prohibit display of American flag. Limited to reasonable restrictions on size, location, and manner.

Civil Code 4710

Signs: HOA cannot prohibit noncommercial signs, political signs during election periods, or for-sale/lease signs. Size limits permitted.

What HOAs Can and Cannot Require

Can Require: Reasonable design standards, color palettes, material specifications (if consistently applied)
Can Require: Advance approval for major exterior modifications
Cannot Require: Approval for protected items (solar, EV charging, flags, antennas)
Cannot Do: Deny without written reasons based on specific standards
Cannot Do: Apply standards inconsistently or discriminatorily
Cannot Do: Impose requirements that violate California statute

Document Your Submission: Always submit architectural applications in writing with proof of delivery (certified mail, email with read receipt). The 60-day clock starts when the HOA receives your complete application.

The 60-Day Deemed Approval Rule

Civil Code 4765 creates an automatic approval mechanism when HOAs fail to act on architectural applications within 60 days.

How It Works

Day 1: You submit a complete architectural application to the HOA
Days 1-60: HOA has 60 days to approve, approve with conditions, or deny
Day 61+: If no written decision received, application is "deemed approved"
Effect: You may proceed with the project as submitted
HOA Bound: HOA cannot later revoke the deemed approval

Requirements for Deemed Approval

Application must be complete (all required information provided)
Submitted to correct address/person as specified in governing documents
60 days elapsed without written HOA decision
Project must not violate other laws or building codes

Common HOA Tactics to Avoid Deemed Approval

"Incomplete Application": HOA claims application was incomplete to reset the clock
"Never Received": HOA denies receiving application (solution: use certified mail)
"Verbal Denial": HOA claims verbal denial counts (it doesn't—must be written)
"Need More Time": HOA requests extension (you can agree, but aren't required to)

                Best Practice: After 60 days, send a letter to the HOA stating that your application has been deemed approved under Civil Code 4765 and that you intend to proceed. Keep a copy for your records.
            

Solar Panel Rights (Civil Code 714)

California's Solar Rights Act provides the strongest solar protections in the nation. HOAs cannot prohibit solar energy systems and can only impose very limited restrictions.

Your Solar Rights

Cannot Prohibit: HOA cannot prohibit installation of solar energy systems
10% Efficiency Cap: HOA restrictions cannot reduce system efficiency by more than 10%
$1,000 Cost Cap: HOA restrictions cannot increase installation cost by more than $1,000
Void Provisions: Any CC&R provision prohibiting solar is void and unenforceable
Penalty: HOA that violates solar rights liable for $1,000+ in damages

What HOAs Can Require for Solar

Reasonable notification before installation (not approval)
Use of licensed contractors
Compliance with building codes
Liability insurance naming HOA as additional insured
Location requirements that don't reduce efficiency by more than 10%

What HOAs Cannot Require

Approval that allows arbitrary denial
Placement that significantly reduces efficiency
Screening, painting, or covering panels
Specifications that increase cost over $1,000
Flat prohibition or de facto prohibition

Damages Available: Under Civil Code 714, an HOA that willfully violates your solar rights is liable for actual damages plus $1,000. Courts have also awarded attorney's fees to prevailing homeowners in solar cases.

EV Charging Station Rights

California law protects your right to install electric vehicle charging stations in your designated parking space and establishes rules for charging in common areas.

Civil Code 4750.10 - Individual Spaces

Cannot Prohibit: HOA cannot prohibit EV charging in your designated parking space
Owner Responsibility: You're responsible for installation costs and electricity
Insurance: HOA may require liability insurance (naming HOA as additional insured)
Licensed Contractor: Must use licensed electrician
Permits: Must obtain required permits

What HOA Can Require

Reasonable notification before installation
Professional installation by licensed contractor
Compliance with electrical codes
Insurance coverage (reasonable amounts)
Meter installation if electricity is shared

Common Areas (CC 4745)

HOA must develop policy for EV charging in common area parking
Policy must address cost allocation fairly
Cannot unreasonably restrict charging access
Must provide for future charging infrastructure in new construction

                Documentation: Keep records of all communications with the HOA, copies of permits, contractor licenses, and installation records. If the HOA later claims violations, documentation is your best defense.
            

Sample Deemed Approval Letter

[Your Name]
[Your Address]
[City, State ZIP]
[Date]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED

[HOA Name]
[Architectural Review Committee]
[Address]
[City, State ZIP]

Re: Notice of Deemed Approval Under Civil Code 4765

Dear Architectural Review Committee:

This letter provides formal notice that my architectural application submitted on [date] has been deemed approved pursuant to California Civil Code 4765.

Timeline: I submitted a complete architectural application for [describe project, e.g., "installation of a new fence," "exterior paint in colors X, Y, Z," "patio cover construction"] on [date] via [method of delivery, e.g., "certified mail, receipt #____," "email with delivery confirmation"]. As of today's date, [current date], more than 60 days have elapsed without any written decision from the Association.

Civil Code 4765 states: "If a proposed change is one that requires an application for approval by the architectural review committee, the committee shall provide a written decision... within 60 days from the date of receipt of the completed application... If a decision is not provided within 60 days, the application shall be deemed approved..."

Accordingly, my application is now deemed approved by operation of law. I intend to proceed with the project as submitted. Please update your records to reflect this deemed approval.

If the Association believes my application was not complete or was not properly submitted, please provide written documentation within 10 days explaining: (1) what information was missing; (2) when you notified me of the deficiency; and (3) what CC&R provision requires that information.

Sincerely,

[Your Signature]
[Your Name]

Enclosure: Copy of original application with proof of delivery

Sample Solar Rights Demand Letter

[Your Name]
[Your Address]
[City, State ZIP]
[Date]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED

[HOA Name]
[Board of Directors]
[Address]
[City, State ZIP]

Re: Demand for Compliance with California Solar Rights Act (Civil Code 714)

Dear Board of Directors:

This letter demands that the Association immediately cease its unlawful interference with my solar energy system installation in violation of California Civil Code 714 (Solar Rights Act).

Background: On [date], I submitted notice of my intent to install a solar energy system on my property at [address]. On [date], the Association [describe violation, e.g., "denied my application stating solar panels are prohibited"; "demanded I relocate panels to a location that would reduce efficiency by approximately 40%"; "required screening that would cost an additional $5,000"].

Legal Violations: The Association's actions violate Civil Code 714, which provides: (1) Any covenant, restriction, or condition that effectively prohibits or restricts the installation of a solar energy system is void and unenforceable; (2) HOA restrictions cannot decrease efficiency by more than 10% or increase cost by more than $1,000; (3) Any provision in CC&Rs violating these protections is void regardless of when recorded.

Demand: I demand that the Association: (1) Withdraw its denial/objection within 10 days; (2) Confirm in writing that I may proceed with installation as proposed; (3) Cease any threats of fines, liens, or legal action related to my solar installation.

Under Civil Code 714(b), any party who willfully violates these solar rights is liable for actual damages sustained plus $1,000. If the Association does not comply with this demand within 10 days, I will proceed with installation and pursue all available remedies including damages, injunctive relief, and attorney's fees.