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If your HOA board denied your architectural application with a vague "it doesn't fit the aesthetic of the neighborhood," they are violating the Davis-Stirling Act. Under Civil Code 4765, architectural decisions must be reasonable, made in good faith, and tied to published standards or applicable law. Boards do not have the authority to issue arbitrary denials based on the personal tastes of the directors. If your governing documents don't have a specific rule or statutory citation to back up their decision, the denial is invalid. I have broken down the strict limits on architectural control in my new 6,000-word guide. Don't let your board act as the ultimate judge of your home's appearance without following the law. Check the first comment for the link to the Fact Sheet that I wrote. #HOAlawyer #HOAattorney #DavisStirlingAct #CaliforniaHOA #badHOA #HOAhell #CivilCode4765 #ArchitecturalControl
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Civil Code § 4765 requires HOAs to conduct architectural review in good faith and under reasonable procedures. Retroactively changing the standards to block a pending application is the opposite of good faith. Bad HOAs do not get to rewrite the rules midstream. #HOAlawyer #DavisStirlingAct #CaliforniaHOA #badHOA #HOAhell #ArchitecturalReview #HOAboard #CivilCode4765
If you submitted a valid architectural application and your HOA suddenly changed the rules to block it, they are violating Civil Code § 4765. Boards cannot move the goalposts after you apply. #HOAlawyer #DavisStirlingAct #CaliforniaHOA #badHOA #HOAhell #ArchitecturalReview #HOAarchitecture #CivilCode4765
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HOAs must apply the architectural rules in place when you submitted your application. They cannot retroactively pass new restrictions to kill your project. If the board changes the rules midstream, push back. #HOAlawyer #DavisStirlingAct #CaliforniaHOA #badHOA #HOAhell #ArchitecturalReview #HOAarchitecture #CivilCode4765
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If you submitted a valid architectural application and your HOA suddenly changed the rules to block it, they are violating Civil Code § 4765. Boards cannot move the goalposts after you apply. #HOAlawyer #DavisStirlingAct #CaliforniaHOA #badHOA #HOAhell #ArchitecturalReview #HOAarchitecture #CivilCode4765
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