Civil Code Property, Pets & Rentals
Architectural Review Procedure
Chapter 5 · Property Use and Maintenance · Modification of Separate Interest
Text current as of 2026-07-07 · Last amended by AB 805, eff. 2014-01-01
The code says CIV §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 (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code), 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. This paragraph does not require reconsideration of a decision that is made by the board or a body that has the same membership as the board, at a meeting that satisfies the requirements of Article 2 (commencing with Section 4900) of Chapter 6. Reconsideration by the board does not constitute dispute resolution within the meaning of Section 5905.
(b) Nothing in this section authorizes a physical change to the common area in a manner that is inconsistent with an association’s governing documents, unless the change is required by law.
(c) An association shall annually provide its members with notice of any requirements for association approval of physical changes to property. The notice shall describe the types of changes that require association approval and shall include a copy of the procedure used to review and approve or disapprove a proposed change.
(Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
How courts have read this
Editorial summaries — not the court’s words.
- Cohen v. Kite Hill Community Assn. 142 Cal. App. 3d 642 · 1983 Architectural approvals must be made in good faith, not arbitrarily.
Pre-Act ancestor of the standard this section codifies: an association approving or disapproving a member’s improvement plans must act in good faith and not arbitrarily, and the duty runs to the individual owners the decision affects.
decided before the current text (eff. 2014-01-01, AB 805)
- Eng v. Opperman 2025 Judicial deference protects good-faith board denials of architectural applications.
central to this opinion — cited 3×
- Tesoro Del Valle Master Homeowners Ass'n v. Griffin 200 Cal. App. 4th 619 · 2011 An association may impose reasonable, aesthetic-based restrictions on solar installations.
decided before the current text (eff. 2014-01-01, AB 805)
- Clark v. Rancho Santa Fe Assn. 216 Cal. App. 3d 606 · 1989 Governing documents can authorize subjective aesthetic review beyond objective standards.
Pre-statute application (not the origin) of the good-faith standard this section later codified: quoting Hannula and Cohen, the court required a design-review denial to be a reasonable, good-faith determination, and upheld as reasonable a denial of a lot-split application that met every objective standard, made on subjective aesthetic grounds the covenant authorized.
decided before the current text (eff. 2014-01-01, AB 805)
- Ironwood Owners Assn. IX v. Solomon 178 Cal. App. 3d 766 · 1986 An association must follow its own procedures before enforcing its CCRs.
Leading pre-statute statement of the fair-procedure and good-faith rule this section codifies (the Law Revision Commission cited it for former §1378(a)(1)–(2)): before compelling an owner to undo an unapproved improvement, an association must show its board or designated committee actually decided under the governing documents’ own fair, reasonable procedure, in good faith and not arbitrarily.
decided before the current text (eff. 2014-01-01, AB 805)
Decided under the former numbering
- Pinnacle Museum Tower Ass'n v. Pinnacle Market Development (US), LLC 55 Cal. 4th 223 · 2012 · as former §1378 Developer-drafted arbitration covenants in recorded CC&Rs bind the association.
decided before the current text (eff. 2014-01-01, AB 805)
- In re: Maria A. Basave De Guillen 604 B.R. 826 · 2019 · as former §1378 Assessment liens secure only the amounts stated in the recorded notice.
- Tract 19051 Homeowners Assn. v. Kemp 60 Cal. 4th 1135 · 2015 · as former §1378 Prevailing-party fees apply even when the development is not a CID.
- Turner v. Vista Pointe Ridge Homeowners Assn. 180 Cal. App. 4th 676 · 2009 · as former §1378 Routine HOA architectural enforcement is not protected anti-SLAPP activity.
decided before the current text (eff. 2014-01-01, AB 805)
Cites (2)
Cited by (2)
References whole articles
- Article 2 — Board Meeting (10 sections, commencing §4900)