National · HOA, condominium, and co-op rules
How do HOA architectural review applications work?
Direct answer
If your project requires HOA architectural approval, submit the required plans and keep proof of receipt. State law limits what your governing documents can require. California requires written architectural decisions and has a 45-day solar deemed-approval rule with an additional-information exception. Nevada generally gives covered distributed-generation requests 35 days when the association has adopted rules, or requires approval within 15 days when it has not. Arizona’s planned-community statute bars unreasonable withholding of architectural approval. Check the project-specific law and your documents before treating silence as permission to build.
This guide is for homeowners in HOAs, condominiums, co-ops, and townhome communities who need architectural approval for a solar, battery, EV charger, heat pump, or other physical change.
It explains how the process usually works and labels state-law examples with their exact limits.
Confirm that the law and application procedure cover your project and property type, and identify any separate permit or utility approvals.
Start with the law and your community’s application rules
Architectural review compares proposed changes with the community’s design standards.
Before applying, check whether state law permits the association to require approval for
your project. Then get the current application form, recorded declaration, and design rules.
A governing document cannot override a controlling statutory protection.
The examples below cover particular California, Nevada, and Arizona rules. A solar deadline
does not automatically apply to a heat pump, battery, fence, or other modification. For other
projects, start with the relevant project guide and the law for your state.
What to submit when approval is required
Provide the required layout, equipment specifications, installer information, and any
applicable structural or insurance documents. Cost and performance estimates help when a
law limits the effect of an association’s proposed alternative design. If a requested item
seems unrelated or burdensome, ask which rule authorizes it.
Deliver the application through the specified channel and save the complete submission,
attachments, confirmation of receipt, and later correspondence. The receipt date matters
for the California and Nevada statutory deadlines below.
Written decisions and deadlines
California: architectural decisions must be in writing. Civil Code section 4765
applies when governing documents require approval of a physical change to a separate
interest or common area. The procedure must be fair, reasonable, and expeditious, with
prompt deadlines and a stated maximum response time. Decisions must be made in good faith
and cannot be unreasonable, arbitrary, or capricious. A denial must explain the reason and
the reconsideration procedure.
California: solar applications have a conditional 45-day rule. Under section 714(e),
a covered nonpublic association must approve or deny in writing. An application not denied
in writing within 45 days of receipt is deemed approved, unless the delay results from a
reasonable request for additional information. Applications must not be willfully avoided
or delayed.
Nevada: the deadline depends on the association’s rules. NRS 116.333
covers a unit owner’s distributed-generation request in a portion of the community the
owner has the right to occupy and use exclusively, where the governing documents authorize
architectural restrictions. The owner must obtain approval before installation.
- With adopted rules under NRS 116.334, the association has 35 days after receipt to approve
or deny. Silence means approval. A denial must give reasons based on those rules. - A resubmission addressing the denial reasons has a 15-day deadline, again with deemed
approval if the association does not act. - Without adopted rules under NRS 116.334, the association must approve within 15 days and
cannot deny the request or impose conditions.
Arizona: architectural approval cannot be unreasonably withheld. ARS 33-1817(B)
requires a planned community’s design-review committee to include a board member as its
chair. It also bars unreasonable withholding of approval of a construction project’s
architectural designs, plans, and amendments. For your response deadline, check the
project-specific law and governing documents; this standard alone does not make silence
approval. Separate construction-review and deposit requirements in subsection (B)(2) apply
to new or rebuilt main residences when the specified design-guideline and security-deposit
conditions are met.
If the answer is late or the application is denied
Ask for the written decision, its factual reasons, and the provision the association relies
on. Compare those reasons with the applicable law and keep any alternative-design cost or
performance estimates.
In California, section 4765 generally entitles an applicant to board reconsideration at an
open meeting. That requirement does not apply when the board, or a body with identical
membership, already decided the matter at a meeting satisfying the statutory open-meeting
requirements. Elsewhere, check the applicable appeal procedure and any filing deadline.
Before relying on deemed approval, confirm the law’s coverage, receipt date, and exceptions.
An attorney can assess a disputed deadline or denial using that record. Association approval
still leaves separate building, electrical, fire, utility, and other applicable requirements
to complete.
Prepare an approval request
Records and documents checklist
- Check the law for your project and property type, then obtain the governing documents and any required application form.
- Prepare the application with layout, equipment, system cost, expected performance, contractor information, and any requested insurance or structural documents.
- Deliver by a trackable method and keep proof of delivery and the date the association received it.
- Keep the complete submission, attachments, delivery confirmation, every request for additional information, and every response.
- If denied, ask for the written decision, the explanation, and the reconsideration procedure; compare any alternative design on cost and performance in writing.
- Record the applicable deadline and any additional-information request; check the precise deemed-approval conditions before starting work.
- Complete separate local permitting, electrical, structural, fire, utility, and contractor-licensing steps.
Official sources
| Authority | Source | Relevant section | Checked |
|---|---|---|---|
| California Civil Code | California Civil Code section 714 (solar energy systems; restrictions void) | § 714 | 2026-09-22 |
| California Legislature, California Civil Code (Davis-Stirling Common Interest Development Act) | California Civil Code section 4765 (approval of modification of separate interest; procedure) | § 4765 | 2026-09-13 |
| Nevada Legislature, Nevada Revised Statutes | NRS: CHAPTER 116 - COMMON-INTEREST OWNERSHIP (UNIFORM ACT) [Rev. 4/15/2026 11:04:53 AM--2025] (sections 116.330 and 116.333) | §§ 116.330, 116.333 | 2026-09-13 |
| Arizona State Legislature, Arizona Revised Statutes | Arizona Revised Statutes 33-1817 (declaration amendment; design, architectural committees; review) | § 33-1817 | 2026-09-13 |
Frequently asked questions
Does deemed approval mean I can skip a building permit?
No. Deemed approval is a decision outcome under a specific statute or governing document; it is not a building permit and does not excuse electrical, structural, fire, utility, or contractor requirements.
Can the association deny my application without explaining why?
California Civil Code section 4765 requires written architectural decisions and an explanation of a denial. Nevada NRS 116.333 requires reasons for a covered distributed-generation denial based on the association’s adopted rules. The requirements elsewhere depend on the applicable law and governing documents.
What starts the clock on a response deadline?
The California solar and Nevada distributed-generation deadlines run from receipt of the application. California’s deemed-approval rule has an exception when the delay results from a reasonable request for additional information. Keep both the delivery record and any information requests; do not assume a universal pause or restart rule.
Must the California board reconsider every denial?
Section 4765 generally provides reconsideration at an open board meeting. It does not require reconsideration when the board, or a body with identical membership, already made the decision at a meeting satisfying the statutory open-meeting requirements.