HOA Architectural Review: How to Get Your Project Approved
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Key takeaways
- Approval comes before work. Starting a project before approval is the most common way owners lose these disputes.
- California sets the process. Civil Code §4765 requires a fair, reasonable and expeditious procedure, with written decisions and stated deadlines.
- Nevada relies on your documents. Rules must still be reasonable, explicit, consistent with the declaration and uniformly enforced.
- Some projects are protected. Solar and drought tolerant landscaping cannot be blocked outright in either state.
- A denial is not the end. If a committee denied it, California owners get board reconsideration at an open meeting. Both states offer dispute processes.
You want new windows, a patio cover or a different paint color, and your HOA says you need approval first. HOA architectural review is the process that decides those requests, and it causes more friction than almost any other part of community living. Done right, it is predictable: a complete application, a clear decision and a fair path to appeal. This guide explains the rules in Nevada and California, how to put together an application that gets approved, and what to do when it does not.
What does HOA architectural review cover?
In short: most visible changes to the outside of your home or lot, as defined by your CC&Rs and design guidelines.
The usual list includes exterior paint, roofing, windows and doors, fences and walls, patio covers, landscaping, solar panels and additions. Many communities also review hardscape, lighting, gates and play equipment. Your declaration and design guidelines decide the exact scope, so read both before you plan anything.
Interior work is usually outside HOA architectural review. In California, an owner may improve the inside of the unit, subject to the governing documents. The work may not impair structural integrity, mechanical systems or support for the common area (Civil Code §4760). Condo owners should still check, because walls, floors and plumbing may be shared.
What are the HOA architectural review rules in California?
In short: a fair, reasonable and expeditious procedure, good faith decisions, written reasons for any denial, and board reconsideration when a committee decided.
Under Civil Code §4765, these rules apply whenever the governing documents require approval before a physical change to your unit or the common area. The procedure must be in the governing documents. It must include prompt deadlines and the maximum time to respond to an application or a reconsideration request.
Decisions must be made in good faith and may not be unreasonable, arbitrary or capricious. They also may not violate the law, including the Fair Employment and Housing Act and building codes, even if the governing documents say otherwise.
Every decision must be in writing. A denial must explain why and describe how to ask the board to reconsider. Associations must also send members an annual notice describing which changes need approval, with a copy of the review procedure.
What are the HOA architectural review rules in Nevada?
In short: your declaration and design guidelines set the procedure, but state law limits the rules and how they are enforced.
Nevada’s NRS Chapter 116 leaves most of the HOA architectural review procedure to each community’s documents. The rules that come out of that process still have to meet NRS 116.31065.
Under that statute, rules must be reasonably related to their purpose, and explicit enough that owners know how to comply. They must be consistent with the governing documents. They may not arbitrarily restrict conduct or require a capital improvement the documents do not require. And they must be uniformly enforced, or they cannot be enforced against anyone.
Nevada also lets associations set construction schedules. If the right to a construction penalty appears in the declaration or another document recorded before you bought, the association may penalize missed design, start or completion dates. The schedule and maximum penalty must have been disclosed, and you must receive notice that states your right to a hearing (NRS 116.310305). The right to a penalty can also come from a contract with the association.
Which projects does state law protect?
In short: both states protect solar and water-wise landscaping, and California adds EV charging, ADUs and accessibility changes.
In Nevada, a covenant that prohibits or unreasonably restricts a solar energy system is void (NRS 111.239). An association also may not prohibit, or unreasonably deny approval of, drought tolerant landscaping, including decorative rock and artificial turf, in areas an owner uses exclusively (NRS 116.330).
Those Nevada projects can still go through HOA architectural review. The board may not unreasonably deny approval or unreasonably find the landscaping incompatible with the community’s style.
California protects several projects by statute, each covered in its own guide. See our posts on solar panel rights under §714, drought tolerant landscaping under §4735, EV charging under §4745 and ADUs under §4751. Accessibility changes under §4760 cannot be denied without good cause.
How do you get an HOA architectural review application approved?
In short: follow the guidelines, submit a complete package, show comparable approvals, and keep everything in writing.
Start by getting the current design guidelines, the application form and the review deadlines. In California, the governing documents must state the maximum response time. In Nevada, check the declaration and guidelines for any deadline, and ask the manager in writing if none is listed.
Submit a complete package. Include plans or drawings, dimensions, materials, colors with samples or product sheets, photos of the current condition, and the contractor’s details. If the guidelines require neighbor notice or signatures, include them.
Help the committee say yes. Point to similar projects it has already approved, with addresses and photos. Explain how your design meets each guideline. If your project is protected by statute, cite the section.
Keep proof of everything. Submit by a method that shows the date, save the confirmation, and follow up in writing if the deadline passes. Do not start work, order custom materials or sign a nonrefundable contract until you have written approval.
Planning a project or facing a denial?
Send us your application, the design guidelines, the written decision if you have one, and photos of similar approved projects nearby. We can tell you in one conversation how to strengthen the application, or whether the denial is open to challenge.
What can the committee deny, and what can’t it?
In short: it can apply the guidelines, including reasonable aesthetic judgment. It cannot act arbitrarily, inconsistently or against the law.
A committee can deny a project that conflicts with written guidelines on color, height, materials or placement. It can also make reasonable judgments about compatibility with the neighborhood. Disagreeing with that judgment is not, by itself, grounds to overturn it.
The line is crossed when the denial cites no guideline, contradicts approvals for similar homes, or rests on personal preference. In California, a decision that is unreasonable, arbitrary or capricious fails §4765. In Nevada, a rule that is not uniformly enforced cannot be enforced against any owner (NRS 116.31065).
Denials based on a protected characteristic are a separate problem. A denial of an accessibility ramp, for example, may raise fair housing issues as well as HOA architectural review issues.
What if your HOA architectural review application is denied?
In short: read the reasons, decide whether to revise or challenge, and use the reconsideration and dispute steps your state provides.
Read the written decision against the guidelines it cites. Many denials can be fixed with a different material, color or setback, and a revised application is often the fastest route.
In California, if a committee rather than the board denied the application, you are entitled to reconsideration by the board at an open meeting. If that fails, you can request internal dispute resolution in writing (Civil Code §5910). Our guide to appealing an HOA architectural denial in California walks through each step.
In Nevada, follow any appeal or hearing process in your governing documents first. After written notice to the board, you can file an intervention affidavit with the Real Estate Division, as explained in our Nevada Ombudsman guide. A civil action over the governing documents generally requires state mediation first (NRS 38.310).
If the denial looks arbitrary or inconsistent, our architectural denial appeals team can review the record with you.
What happens if you build without approval?
In short: fines after notice and a hearing, a possible demand to remove the work, and a much weaker position in any dispute.
The association must still follow its process. California requires at least 10 days’ written notice and a chance to be heard before discipline, and fines are generally capped at $100 per violation (Civil Code §§5850, 5855). Nevada requires notice and a hearing, with a photo when the violation concerns a physical condition. Most fines are capped at $100 per violation or $1,000 per hearing, and an uncured violation can draw further fines every seven days after 14 days (NRS 116.31031).
The bigger risk is the work itself. An association may seek to have unapproved work removed or changed, and an owner who built first has little leverage. If you already started, stop, apply right away, and ask for approval of the work as built. Our guides on contesting an HOA fine and Nevada fine limits cover the hearing.
Frequently asked questions
In California, yes. The procedure must include prompt deadlines and state the maximum time to respond (Civil Code §4765). In Nevada, deadlines come from your declaration and design guidelines, so check them and follow up in writing.
Not in California. Every decision must be in writing, and a denial must explain why and describe how to request reconsideration. In Nevada, the reasons depend on your documents, but the rules applied must be explicit and uniformly enforced.
Usually not. In California, owners may improve the inside of their unit, subject to the governing documents. The work may not impair structure, mechanical systems or common area support (Civil Code §4760). Condo owners should check before touching shared walls or plumbing.
Not outright. In Nevada, covenants that prohibit or unreasonably restrict solar are void (NRS 111.239). California limits restrictions under Civil Code §714. Both states still allow a review process.
Only if the projects or circumstances differ in a way the guidelines recognize. Nevada rules must be uniformly enforced (NRS 116.31065). California decisions may not be arbitrary or capricious (Civil Code §4765).
After notice and a hearing, the association may fine you and may seek removal or changes to the work. Stop work, apply right away, and ask for approval of the work as built.
Ready to Protect Your Rights?
Whether you are preparing an application, facing a denial, or serving on a committee that wants its decisions to hold up, we can help. We will review the guidelines, the record and the comparable approvals, and tell you where you stand. Schedule your free consultation and speak directly with a Nevada and California HOA attorney.
Conclusion
HOA architectural review works best when owners treat it as a process, not a hurdle. California requires a fair, expeditious procedure with written reasons, and board reconsideration when a committee decided. Nevada leaves the process to your documents, but requires reasonable, explicit and uniformly enforced rules.
Read the guidelines, submit a complete application, show comparable approvals and wait for written approval before you build. If the answer is no, read the reasons, revise or challenge, and keep every step in writing.
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