HOA Architectural Guidelines: What Homeowners Can (and Can't) Do (Without Getting Denied)

California law gives HOAs the power to regulate architectural changes, but it also puts strict limits on how that power can be used. In this episode of HOA HELL, attorney Michael Kushner breaks down how far your HOA can go when it comes to reviewing and denying your home improvement plans. 

From vague aesthetic denials to outright retaliation, Kushner explains what makes a denial unreasonable, arbitrary, or capricious under Civil Code § 4765, and what homeowners can do about it. 

🎯 What You’ll Learn in This Episode:

✅ What HOA architectural guidelines are and how they’re legally adopted.

✅ Why vague phrases like “not harmonious” often won’t hold up.

✅ What the law actually requires in terms of timelines and written decisions.

✅ How to spot illegal denials, selective enforcement, and pretextual games.

✅ What to do if your HOA keeps moving the goalposts, or won’t respond at all. 

Note: This episode focuses on general architectural control. Separate episodes cover solar and EV charging approvals. 

🔔 Subscribe for more full-length episodes and shorts to help you fight back against abusive HOA practices. 

🎧 Listen on YouTube @hoahellpodcastofficial or wherever you get your podcasts. 

🌐 📞Need help? Contact MBK Chapman at www.mbkchapman.com. Mention the HOA HELL podcast for a discounted consultation. 

DISCLAIMER:  

This content constitutes attorney advertising.  

The content of this podcast is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by listening to this podcast, submitting a question, or receiving a response. Always consult with a licensed attorney regarding your specific legal situation. MBK Chapman and Michael Kushner disclaim any liability for actions taken or not taken based on the information provided in this podcast.  

This communication does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. 

ABOUT:  

Michael Kushner is the attorney who pioneered this niche area of the law—representing homeowners in disputes with their HOAs—in California. He created and taught the systems now used by the biggest law firms in the state focused on HOA litigation. Through his firm, MBK Chapman, and now through HOA HELL, Kushner continues to give homeowners practical legal tools to fight back. 

#HOALaw #CaliforniaHOA #ArchitecturalApprovals #SelectiveEnforcement #MichaelKushner #MBKChapman #BadHOA #LSCarlsonLaw #DavisStirlingAct 

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